HomeMy WebLinkAboutAGENDA REPORT 2011 0420 CC REG ITEM 10D ITEM 10.D.
t;,a,' 01 Meeting
MOORPARK CITY COUNCIL'
L'
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager
BY: Ky Spangler, Special Projects Consultant
DATE: April 6, 2011 (City Council Meeting of 4/20/11)
SUBJECT: Consider Award of Bid and Project Approval for the Construction
of a Security/Retaining Wall Along the South Metrolink Parking
Lot
BACKGROUND & DISCUSSION
The south Metrolink parking lot located off of Moorpark Avenue north of First Street is
owned by the Ventura County Transportation Commission ("VCTC") and managed by
the City of Moorpark ("City"). A project to construct an eight-foot tall security/retaining
block wall, approximately 575 linear feet long, along the south boundary adjacent to
homes on First Street has been initiated in a cooperative effort between VCTC and the
City.
The City has been managing this project through coordination of the engineering
design, preparation of geotechnical reports, permitting of the wall, and preparation and
issuance of a Bid Specification Manual.
The project will be funded by a combination of Proposition 1 B funds ($100,000), and
Federal Transit Administration (FTA) grant funds ($79,000) administered by VCTC. The
FTA grant funding amount includes a 20 percent (20%) match by the City. In order to
capture the Proposition 1 B grant funds, construction of the wall must be completed no
later than June 30, 2011. The Proposition 1B funds received from the State are
included in Fund 2612 within the adopted Fiscal Year 2010/11 Budget.
A notice inviting bids for the construction of this wall was published on March 15, 2011
and March 22, 2011. A mandatory job walk was held on March 25, 2011 and was
attended by 16 contractors. Four Bid Clarification Notices were issued to all bidders in
response to questions posed at the job walk or submitted via email to ensure that all
specifications and bid requirements were understood. No Bid Addendums were issued.
Eight bids were received by the due date of April 7, 2011.
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Honorable City Council
April 20, 2011
Page 2
The results are:
Aguilera Brothers Construction $111,000.00
Alliance Builders $135,000.00
Draper Construction $161,581.00
Falcon Builders, Inc. $81,160.00
JEvans Construction, Inc. $147,000.00
Malibu Pacific Tennis Courts $198,000.00
Mendez Concrete, Inc. $140,962.00
Pacific Construction Inc. $256,900.00
The proposals were evaluated on their completeness and cost. Based on the bid
evaluation, the low bidder is Falcon Builders, Inc. The low bidder was contacted to
confirm all bid clarifications were received and understood, and that the bidder was
certain that the specified insurance coverages could be provided as required pursuant
to the bid documents. Falcon Builders, Inc. confirmed they were confident in their
understanding of the scope of work, their ability to provide insurance coverage, and to
perform under the bid document requirements. Falcon Builders, Inc. possesses the
necessary qualifications, resources, and experience to perform the work.
In order to receive FTA grant reimbursement for the project, construction of the wall
must be completed by June 30, 2011. Should the low bidder fail or refuse to execute
the contract within five (5) days of the award as stipulated in the bid documents, there
would be insufficient time for staff to bring back a request to Council to award to the
second low bidder and allow for construction to be completed by June 30. So that the
City does not forfeit any grant funding for the construction, staff is requesting the City
Council consider a "provisional award" of the bid to Falcon Builder, Inc. as provided in
section 20174 of the Public Contract Code. Section 20174 states that:
"The city council may, on refusal or failure of the successful bidder to execute the
contract, award it to the next lowest responsible bidder. If the legislative body
awards the contract to the second lowest bidder, the amount of the lowest
bidder's security shall be applied by the city to the difference between the low bid
and the second lowest bid, and the surplus, if any, shall be returned to the lowest
bidder if cash or a check is used, or to the surety on the bidder's bond if a bond is
used."
Should Falcon Builders, Inc. not perform within the necessary timeframe, the Council's
"provisional award" would permit staff to proceed pursuant to section 20174, to move to
the next low bidder, and continue with the contracting process.
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Honorable City Council
April 20, 2011
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ENVIRONMENTAL DOCUMENTATION
As this project involves removal of encroachments and the new construction of
approximately 575 linear feet of eight-foot tall block 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 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 15301(l)(1) & (4) of the CEQA Guidelines. If this project is
approved, staff will file a Notice of Exemption with the County Clerk.
FISCAL IMPACT
The project will be funded with a combination of Proposition 1 B funds and FTA grant
funds. There is $100,000 in the Prop 1 B Fund (2612) which was received in Fiscal Year
2008/09. Additionally, FTA funds of approximately $79,000 are budgeted in the Local
Transit Fund (5000) for use on this project. (The City's 20 percent (20%) match equals
$15,800 of the $79,000).
To date, a total of $4,895 of the total project budget has been expended toward wall
design and engineering: $1,975 has been paid for construction staking services from
Fund 2612; and $1,920 for wall engineering design and $1,000 for geotechnical report
updates has been paid for from Fund 5000.
It is anticipated that the Prop 1 B funds will be spent first with the remainder coming from
the Local Transit Fund. Upon completion and acceptance of construction, the City will
provide VCTC with the appropriate back up documentation to seek reimbursement of
any FTA grant funds expended. Staff time expended can also count towards the City's
FTA 20 percent (20%) funding match.
STAFF RECOMMENDATION
1) Approve the construction of approximately 575 feet of eight-foot tall block wall
along the boundary of the south Metrolink parking lot; and
2) "Provisionally award" the bid pursuant to section 20174 of the Public Contract
Code to Falcon Builders, Inc. for $81,160.00, plus a ten percent (10%) project
contingency and authorize execution of the Agreement by the City Manager,
subject to final language approval by the City Manager and City Attorney; and
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Honorable City Council
April 20, 2011
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3) In the event the first low bidder is unable or refuses to perform as stated,
authorize staff to move forward and award the bid to the second lower bidder,
Aguilera Brothers Construction, for $111,000, plus a ten percent (10%) project
contingency and authorize execution of the Agreement by the City Manager,
subject to final language approval by the City Manager and City Attorney.
Attachment 1 —Agreement
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ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
FALCON BUILDERS, INC, FOR CONSTRUCTION OF SECURITY/RETAINING
WALL AT 300 HIGH STREET, MOORPARK, CA
THIS AGREEMENT, is made and effective as of this day of
, 2011, between the City of Moorpark, a municipal Corporation
("City") and Falcon Builders, Inc., a California corporation ("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 to construct a
security/retaining wall at 300 High Street, Moorpark, CA (also known as the
Metrolink South Parking Lot); 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 of Moorpark at a meeting held on
the 20th day of April, 2011, 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 as set forth in Exhibit B - Contractor's Bid Proposal, dated
April 6, 2011, which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and.hereinafter referred to as the "Proposal."
Where said Proposal is modified by this Agreement, or in the event there is a
conflict between the previsions of said Proposal 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 B
attached hereto and incorporated herein by this reference as though set forth in
full. Contractor shall complete the tasks according to the requirements of the bid
manual which is set forth in Exhibit C.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B and C, attached hereto and incorporated herein by this
reference as though set forth in full. Compensation shall not exceed the rates or
total contract value as stated in Exhibit B, without the written authorization of the
City Manager of the City of Moorpark. Payment by City to Contractor shall be as
referred to herein.
3. INCORPORATION BY REFERENCE
Notice Inviting Bids, Instructions to Bidders, Public Contract Code Section
22300, General Conditions, Special Specifications (Federal Transit
Administration [FTA] Requirements), Technical Specifications, and Bid
Clarification Notices 1, 2, 3 & 4 (issued March 31, 2011; April 4, 2011; and April
5, 2011), Bidder's Proposal, Plans, Standard Specifications for Public Works
Construction ("Greenbook"), Drawings, Project Bid Manual and Specifications,
Required Bonds and Forms, Permits, Exhibits A, B, and C, and all applicable
codes and regulations are hereby incorporated in and made part of this
Agreement. The provisions of the Greenbook shall apply to this Project except
as may be modified by other provisions of the Agreement.
4. PRECEDENCE
If there is a conflict between or in the Agreement documents, the
precedence shall be as outlined in Section 2-5.2 of the latest Greenbook.
5. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of
his/her 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.
6. CITY 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 John A. Mercer, and no other individual
may be substituted without the prior written approval of the City Manager.
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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 his/her designee.
7. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the
payment rates and 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 eighty-one thousand one hundred and sixty dollars ($81,160.00) plus ten
percent (10%) contingency of eight thousand one hundred and sixty dollars
($8,160.00) 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, which are in addition to those
set forth herein, unless such additional services are authorized in advance and in
writing by the City Manager. Contractor shall be compensated for any additional
services in the amounts and in the manner as agreed to by City Manager and
Contractor at the time City's written authorization is given to Contractor for the
performance of said services. The City Manager is authorized by the City
Council to approve additional work not to exceed the ten percent (10%)
contingency amount stated above.
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. Any expense or reimbursable cost appearing on any invoice
shall be accompanied by a receipt or other documentation subject to approval of
the City Manager. 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.
8. APPRENTICESHIP
Contractor shall comply with all provisions of Labor Code Section 1777.5.
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9. TERMINATION OR SUSPENSION WITHOUT CAUSE
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.
10. DEFAULT OF CONTRACTOR
If the City Manager or his/her delegate 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 Contactor 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.
11. 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, he/she shall forfeit and pay to the City of Moorpark, as liquidated
damages, the sum of one thousand dollars ($1,000.00) 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 [Govt C.
Sec. 53069.851. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
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12. 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.
13. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at
Indemnitees' option), indemnify, protect and hold harmless City, and its
Engineers, officers, agents, and employees ("Indemnitees") from and against any
and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including attorneys' fees), judgments, civil fines and
penalties, liabilities of any kind or nature whatsoever, which may be sustained or
suffered by or secured against the Indemnitees arising out of or encountered in
connection with this Agreement or the performance of the work including, but not
limited to, death of or bodily injury to persons or damage to property, including
property owned by or under the care and custody of City, and for civil fines and
penalties, that may arise from or be caused, in whole or in part, by any negligent
or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including but not limited to, liability arising from:
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a) Any dangerous, hazardous, unsafe or defective condition of, in or
on the premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractor;
b) Any operation conducted upon or any use or occupation of the
premises by Contractor, its officers, agents, employees, or subcontractors
under or pursuant to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to
comply with any of the terms or conditions of this Agreement or any
applicable federal, state, regional, or municipal law, ordinance, rule or
regulation; and
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-sections a, b, c, and d, existing or conducted
upon or arising from the use or occupation by Contractor on any other
premises in the care, custody and control of City.
Contractor's 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's active
negligence accounts for only a percentage of the liability involved, the obligation
of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
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.
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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 Indemnities 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.
14. 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.
15. 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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16. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of 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. The City, and
its Construction Manager, officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
17. 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 Sec. 1735].
18. 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.
19. 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 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,.
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20. 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-year time period following termination of this Agreement.
21. 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: John A. Mercer
Falcon Builders, Inc.
75225 Promontory Place
Indian Wells, California 92210
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 (3`d) day after
deposit in the United States mail.
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22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, 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, and Exhibits hereof.
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28. AMENDMENTS
Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
City Manager.
29. 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 Article
11 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.
30. 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.
31. 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.
32. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
CITY OF MOORPARK FALCON BUILDERS, INC.
By: By:
Steven Kueny, City Manager John A. Mercer
Its..
President
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
Insurance
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 One million dollars ($1,000,000) per occurrence for all
covered losses and no less than Two million dollars ($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.
113
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,
Contract 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. Any such coverage provided under an umbrella liability
policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but
covered by the umbrella. 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 but in no event less
than $1,000,000 per occurrence and aggregate.
5. Course of Construction
Course of Construction insurance shall provide "all risk" coverage for the
completed value of the project. Policies shall contain the following provisions: (1)
City shall be named as loss payee; and (2) the insurer shall waive all rights of
recovery against City.
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 agree 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.
114
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 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.
115
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, 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.
116
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 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.
117
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 change
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.
118
Exhibit B
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Construction of Security/Retaining Wall at South Metrolink Parking Lot
300 High Street
Moorpark, California
Bids to Be Received —Thursday, April 7, 2011 by 3:00 p.m.
A CONTRACTOR
Name C--
Street Address ZZ fro V \0
City State Zip Code 922,1 D
A
Telephone Number �
Contractor's License No q4-9 14-6 Class -1`� , Expiration Date ZD( IZ
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder
I Title
BID SCHEDULE:
I
It is understood that the lump sum bid includes without limitation, all appurtenant expenses,
permits, taxes, royalties, and fees associated with the work described within these bid
documents.
�3 (0o
' 1. Security/Retaining Wall Lump Sum Base Bid ($ )
LVV,%.� �..�
- rl Ilars and �— cents
Number of calendar days for completion:
(NOTE: Construction of Project must be completed by June 30, 2011)
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 6 of 88
119
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: April 7, 2011 by 3:00 p.m.
UNIT PRICES
!� This is a lump sum contract. See next page for unit prices that will be used only for additions
and deletions to the contract amount. All prices remain firm throughout completion of all work
�j under this contract.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Agreement
with the City of Moorpark to perform the Work as specified or indicated in said Contract
Documents entitled: Construction of Security/Retaining Wall at Metrolink South Parking Lot.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter
1 into a Contract within the time and in the manner as required in the Notice Inviting Bids and will
furnish the insurance certificates, endorsements, and Bonds as required by the Contract
1 Documents.
1
1 Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged):
1 Bid Addenda Number: Date:
Bid Addenda Number: Date:
I Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documerifs, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder: f GCS JI-k Z 01 \J)
By:
(Si at e—Au orized Representative)
Title: n%5% ��; Dated: 4 C
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 7 of 88
120
�I
I
SCHEDULE OF UNIT PRICES
FOR CONSTRUCTION OF SECURITY/RETAINING WALL AT 300 HIGH STREET
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
All labor prices are complete, including, without limitation, all benefits, insurance, taxes and
bonds. Material prices are complete and include, without limitation, all costs, taxes,
1' transportation and delivery. Profit and overhead (mark-up) are not included.
1;
These prices are to be used only for additions or deletions to the contract. Unit prices for all
materials and labor are to be listed in this schedule. City reserves the right to reject any or all of
these unit prices.
Item Payment Unit
N Reference Description Quantity Unit Price
3 sz, t ow
c� s-
pct �5 oa_�,
I
1
I
Contractor's Name
Use additional pages if necessary.
City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 8 of 88
121
A
1 NON-COLLUSION AFFIDAVIT
1
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF ) SS.
CITY OF
IA" &. being first duly sworn, deposes and says that he/she is
Qm4t2icr t of )4.1 co _ &-40c=6,�j the party making the foregoing bid; that the
bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else -to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his/her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to
any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid. ,n
�v W l
Name of Bidder Name of Bidd
Signature of Bidder Sign ur Bi der
I I
I
Z 215 rt�w�e�
Addres of Bidder
��ar� uj-
'zz%o
I
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
I
I
I
I
I
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 9 of 88
122
i
CALIFORNIA JURAT WITH AFFIANT STATEMENT
%See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
Signature of Document Signer No.1 Signature of Document Signer No.2(if any)
State of California
County of \se,cs*,&e_
Subscribed and sworn to (or affirmed) before me on this
�1 day of A or :\ , 20 \\ , by
miROSIC GHEE Date Month Year
comssion 0 tigto» (1) ,N 4 . M VC..4e-
INGtKy pwic.C Name of Signer
Sin Bemm'doo CV00 proved to me on the basis of satisfactory evidence
Cmm. Jim f
to be the person who appeared before me'(.) (,)
(and
Name of Signer
proved to me a tisfactory evidence
t person-who appeared before
Signature.
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove
valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document. To of thumb here lop of thumb here
Further Description of Any Attached Document
nJ qoa?G!-c.CCb-klc,- N0" C e>%LtSlC V% ,a, T t Arti\1 Ar
Title or Type of Document:
Document Date: k—t-,t., �.AAzeCA Number of Pages: 11�y- iJr
signer(s)Other Than Named Above:—._1��N r, _
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5910 Reorder:Call Tall-Free 1-800-8766827
123
AFFIRMATIVE ACTION CERTIFICATION
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bidder certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to inspection,
and that said affirmative action will remain in effect for the life of any contract awarded
hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal
employment opportunity requirements of the contract documents.
IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles,
�. hands, and seals of all forenamed principals this day of �,r^�_, 2011.
I declare under penalty of perjury under the laws of the State of California that the above
representations are true and correct. 1
` Executed this L day of 2011, at Y,��-uY, , California.
Bidder Signature:
� 1
' Printed Name:
BIDDER'S INFORMATION
1 Bidder certifies that the following information is true and correct:
1
1 Name of Contractor Street Address City
' ak q 7 z LO 7W - 797
1 State Zip Code /_ II Phone Number
' 1 W / M�� CCJJ
✓n—
Fax Number Email
Address
1
1 !E24 r4 L� � I
State Contractors License No. and Class Expiration Date Origi al Issue Date
1 ( n l i D►�!�%C1
State of Incorporation
i
i
City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 10 of 88
124
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and/or corporate officers having a principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an
interest in this proposal are as follows:
IN WITNESS WHEREOF, bidder executes and submits this proposal with th names, titles,
hands, and seals of all forenamed principals this / day of o-r , 2011.
I declare under penalty of perjury under the laws of the State of California that the above
representations are true and correct. Executed this day of i f-
2011, at Ta/� to I California.
Bidder Signature:
1
1 Printed Name:
Subscribed and sworn to this day of , 2011.
� ONINIMMs I t/sIN�
STATE OF CALIFORNIA
I ) ss.
i COUNTY OF
' On AVp, c\ h , 2011, before me, Rose ��e�c,. Y f b\jc. [NAME
OF NOTARY],�a Notary Public in and for said State, appeared -�:)oIj Ai A. M"ce-?—
[NAMES OF PERSON ATTESTING], personally known to me, or proved to me on the basis of
satisfactory evidence to be the person(o [is/"] subscribed to the within instrument and
acknowledged to me that [he/4*4b*] executed the same in [his/11grA0ejr] authorized
capacity/ice], and by [his/hffl1*] signature( on the instrument, the person or entity upon
behalf of which the person 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.
WITNESS my hand and official sea{.
[SIGNATURES]
[PRINTED NAME OF NOTARY, NOTARY IN AND FOR SAID
STATE AND COUNTY]
[SEAL]
City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 11 of 88
125
® FEDERAL TRANSIT ADMINISTRATION - EXHIBIT 1
SUSPENSION AND DEBARMENT CERTIFICATION
® CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Primary Participant (applicant for an FTA grant or cooperative agreement, or
Potential Contractor for a major third party contract), certifies to the best of its
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had
' a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction,- violation of Federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
1 3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
1 enumerated in paragraph (2) of this certification; and
1 4. Have not within a three-year period preceding this application/proposal had one or
1 more public transactions (Federal, State or local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or
potential third party contractor) is unable to certify to any of the statements in this
certification, the participant shall attach an explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR
1 COOPERATIVE AGREEMENT, OR POTENTI L CONTRACTOR FOR A MAJOR
THIRD PARTY CONTRACT), n, CERTIFIES
1 OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
1 UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ.
1 ARE APPLICABLE THERETO.
1
1 Signa re of Con ractor's Authorized Official Date
1
1
Typed Name and Title of Contractor's Authorized Official
City of Moorpark, Spec. No. MPK 11-01 < Bid Package
Security/Retaining Wall South Metrolink Lot Page 12 of 88
126
i
lip
0
0 FEDERAL TRANSIT ADMINISTRATION - EXHIBIT 2
10
0 LOBBYING CERTIFICATION
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR
® 20.110, 1 certify to the best of my knowledge and belief that for each application for
federal assistance exceeding $100,000: (1) No Federal appropriated funds have been
® or will be paid, by or on behalf of 6,-(,,,!a 9U efs , to any person for
® influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress pertaining to the award of any Federal assistance, or the extension,
continuation, renewal, amendment, or modification of any Federal assistance
agreement; and (2) If any funds other than Federal appropriated funds have been or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any application to FTA for
Federal assistance, I assure that Standard Form-LLL, "Disclosure Form to Report
Lobbying," would be submitted and would include all information required by the form's
instructions.
1 understand that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing
Federal assistance for a transaction covered by 31 U.S.C. 1352. 1 also understand that
any person who fails to file a required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each failure.
SigFfature & T le of Auth ized Official
Date
City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 13 of 88
127
1
l�
FEDERAL TRANSIT ADMINISTRATION - EXHIBIT 3
BUY AMERICA COMPLIANCE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Certification of Buy America Compliance for Procurement of steel, iron, or
manufactured products (49 USC Section 53236)(1)).
The bidder hereby certifies that it will meet the requirements of 49 USC Section
53230)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982, as
amended, and the applicable regulations in 49 CFR Part 661.
Date
� Signature /1
Company Name
Title
Certification of Buy America Non-Compliance for Procurement of steel, iron, or
manufactured products (40 USC Section 53236)(1)).
The bidder hereby certifies that it cannot comply with the requirements of 40 USC
Section 53230)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982,
as amended, but it may qualify for an exception to the requirement pursuant to Section
165(b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended,
1 and the applicable regulations in 49 CFR Part 661.7.
1 Date
1
1 Signature
1 Company Name
1
1 Title
1
1
1 City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 14 of 88
128
i
BID BOND BOND N0. 20-SUR-211458
Premium Included in BBSU.
(in lieu of certified or cashier's check) g
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ^,
'J=
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Falcon Builders, Inc. , 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 said City if the Proposal
shall be accepted and the Principal shall fail 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. Ilf"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 herby agreed that bid
errors shall not constitute a defense to forfeiture.
*American Safety Casualty Insurance Company
WITNESS our hands this 5th day of April, . 2011 <
Contractor Fa con Builders, Inc. ;
By
TitleCi''V
By -- -
Title
S American Safety Casualty Insurance
Com a
B ;x
i tro iccic e, ttorn y-in- act
*a
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 15 of 88
:129
e 'd BbOS-019-09L- T ouT siapTina uooTea egG :pn TT Tc- ��
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Los Angeles
On _- April 5, 2011 before me, ._ M. S. Rodriguez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared PIETRO MICCICHE
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personK whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sl 64hey-executed the same in his/be authorized
capacity(ies)', and that by his/berU*ir signatureW on the
instrument the person(.a'J, or the entity upon behalf of
which the person(8) acted, executed the instrument.
M.S.RODRIGUEZ
NOTARY PUBLIC CALIFORNIA I certi fy under PENALTY OF PERJURY under the laws
z LOS ANGELES COUNTY 1p z
4 COMMISSION--1872651 of the State of California that the foregoing paragraph is
MY COMM.EXPIRES]AN.2,2014 true and correct.
WITNESS my hand and official seal.
Signature ' �,Y, 64��, �1/
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:—. Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:_._.
CJ Individual El Individual
11 Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
L1 Partner—❑ Limited [:J General ❑ Partner—O Limited CJ General
1$ Attorney in Fact • O Attorney in Fact •
F1 Trustee Top of thumb here n Trustee Top of thumb here
L7 Guardian or Conservator 0 Guardian or Conservator
F1 Other:._ ❑Other: _
Signer Is Representing: Signer Is Representing:
(P2007 National Notary Association-9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NaiionaiNotary.org Item x5907 Reorder:Call Tot-Free t-800.8766827
130
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 (A or C-29) at the time the bid is submitted to the City, and must have
satisfactorily completed at least three Southern California projects in the last five years
of comparable size to the scope of this project.
Number of years engaged in providing the work included within the scope of the
}� specifications under the present business name:
I v�CorQu«i.�c,� lr� �j fc� ��fz�r �✓5"r�.�s5 we..S �I�C'r�1 J3,.ri I�UCS S/'i-.Gc 1�1Yy�
List and describe fully the last three contracts performed by your firm which
demonstrate your ability to complete the work included within the scope of the
specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name: 12�V zv�i � e- --T-;�,.V„_S;-r
Contact Individual: Phone No.
Address: t5SZ--:;- 3 P---f s f vsrb e--
Contract Amount: 41�;tTn — Year: 7s:)1 o
Description of work done:
Reference No. 2
Customer Name: ct �� 6
Contact Individual: 5 Phone No.
Address: b a,-A,k-)Contract Amount: 3g,�o Year: Z0
Description of work done:
1 �, S�U l� ��'5 ��..c� �t�Src�✓�lt O�i� 6 ►�r�,uhi'cy
1
Reference No. 3
Customer Name: i DC
Contact Individual: Phone No. q0' (7-5q5- -7,5'Q-3
Address:
1 Contract Amount: ,hd ./? Year: -Z c9 0
Description of work done:
i1 d Ile 1 ' L
i City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 17 of 88
131
1
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF 6-45T� e
I am the
A Of �<<�v� l��L
A 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 41C at l)il,c7 Z,)P-U S , California.
(date) (place)
1 declare, under penalty of perjury, that the foregoing is true and correct.
Slo6ture of B'1 der
!
! sLS
! Title
!
! Signature of Bidder
!
!
! Title
!
!
!
City of Moorpark, Spec. No. MPK 11-01 Bid Package
1 Security/Retaining Wall South Metrolink Lot Page 18 of 88
132
1
1
COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
1 TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chemicals on the job site which will result in the discharge of
1 such chemicals, and shall, upon completion of performance of all other duties under this
1 contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
1 responsible for compliance with Proposition 65.
1
Contractor shall also comply with state of California anti-smoking laws which, in part,
i
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time City issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, City may give notice of default to
Contractor, and at the City's option, elect any and all rights or remedies set forth in this
agreement.
Approved by Contractor:
Titl
Date
City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 19 of 88
133
WORKERS' COMPENSATION INSURANCE CERTIFICATE
0 TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
i
i
16 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:
lb "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."
JI
By
! Title: i C�� � Date:
1
1
i
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 20 of 88
134
l�
BIDDER'S STATEMENT OF SUBCONTRACTORS
AND MATERIAL FABRICATORS
f+ TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractor's who will perform more than 112% the value
of the total lump sum bid amount.
PLEASE PRINT LEGIBLY
Name Under Which Percent
Subcontractor is License Type of work to
Licen d No.& Class Business Address Work be done'
A
i
Total Percen e 2
natures) f Bidder Date
'Based on contract price
2 May not exceed 50%of contract price. See Greenbook Section 2-3.2
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 21 of 88
135
1
Exhibit C
vPaK cq�'�
P o
p 92
9
09 �
CITY OF MOORPARK
Project Manual
and
Specifications
Construction of Security/Retaining Wall at
Metrolink South Parking Lot
300 High Street
Moorpark, California
Bid Due Date and time:
Thursday, April 7, 2011 at 3:00 p.m.
Specification No. MPK 11-01
136
TABLE OF CONTENTS
BIDDING, AGREEMENT FORMS AND BONDS:
Notice Inviting Bids
**Bid Forms:
Bid Proposal
Non-collusion Affidavit
Federal Transit Administration (FTA) Forms
Exhibit 1 — Suspension and Debarment Certification
Exhibit 2 — Lobbying Certification
Exhibit 3 — Buy America Compliance
Affirmative Action Certification
Bid Bond
Compliance with Environmental, Health & Safety Standards
Workers' Compensation Insurance Certificate
Bidder's Statement of Subcontractors
Agreement and Bonds
Agreement
Performance and Payment Bonds
Material Suppliers and Laborers
CONDITIONS OF THE CONTRACT:
General Conditions
Special Specifications - Federal Transit Administration (FTA) Requirements
Note: Exhibits to FTA Requirements must be returned with Bid Forms as
indicated above
TECHNICAL SPECIFICATIONS
** FORMS TO BE SUBMITTED WITH BID.
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 2 of 88
137
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR CONSTRUCTION OF A
SECURITY/RETAINING WALL AT THE SOUTH METROLINK PARKING LOT, 300
HIGH STREET, MOORPARK, CA 93021
There will be a mandatory pre-bid conference and site walk held on Friday, March
25, 2011 at 9:00 a.m. at the South Metrolink Parking Lot, (accessed off of Moorpark
Avenue, north of First Street), Moorpark. 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.
BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid
package. All blanks in the Bid Form must be filled in and all prices must be stated in
both words and figures. It is the sole responsibility of the bidder to see that the bid is
delivered to the proper place and received at the proper time. Any bid received after the
scheduled closing time for receipt of bids will be returned to the bidder unopened. All bid
forms must be sealed and delivered before 3:00 p.m. on April 7, 2011 to the following
address (postmarks will not be accepted):
City Clerk's Office
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
NOTE: Please mark the outside of the envelope:
Sealed Bid for
Security/Retaining Wall Construction — South Metrolink Parking Lot
300 High Street, Moorpark, CA
DO NOT OPEN WITH REGULAR MAIL
Bidders shall submit one complete set of the Bid Forms and all required
attachments. No proposal received after the time specified or at any place other than
the place stated above will be considered. All bids will be opened and declared publicly.
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. Bidders or their representatives are invited
to be present at the opening of the bids.
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.
An individual or business entity which has submitted a sub-proposal to a bidder
submitting a proposal, or who has quoted prices on materials to such bidder, is not
thereby disqualified from submitting a sub-proposal or from quoting prices to other
bidders submitting proposals.
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 3 of 88
138
Instructions to Bidders (continued)
A bidder may withdraw the proposal, without prejudice prior to the time specified for the
bid opening, by submitting a written request to the City for its withdrawal, in which event
the proposal will be returned to the bidder unopened. Changes in or additions to the Bid
Form, recapitulations of the work bid upon, alternative proposals, or any other
modification or deviation of the Bid Form which is not specifically called for in the
Contract Documents may result in the City's rejection of the bid as being non-
responsive. Non-substantial deviations may be permitted provided that the bidder
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposed deviation will be made solely by the
City.
BID FORMS: 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.
The bidder to whom award is made shall execute a written contract with the City within
fourteen (14) calendar days after notice of the award has been sent by mail to the
address given in the proposal. The contract shall be made in the form adopted by the
City and incorporated in these specifications. The bidder warrants that he/she
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
applicable Federal, State, City, and Special District laws, ordinances, and regulations.
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled; any bid security will be forfeited; and an award may be made to the next
lowest responsible bidder who shall fulfill every term and condition of the bid as if
he/she were party to whom the first award was made.
BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the
plans or specifications or have any questions concerning the bidding documents or
proposal forms contact the City's Project Representative:
Ky Spangler, Special Projects Consultant
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
(805) 517-6225 - kspangler.consultant @ci.moorpark.ca.us
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 4 of 88
139
Instructions to Bidders (continued)
Please do not call other staff members or consultants. If a prospective bidder is in doubt
or has any questions as to the true meaning or intent of any part of the Bid package, or
discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the
above Project Representative, a written request for an interpretation or a correction
thereof. Interpretations or corrections shall be made only by addendum duly issued by
the City. A copy of such addendum will be mailed, faxed, or delivered to each person
receiving a set of the Contract Documents and such addendum shall be considered a
part of, and incorporated in, the Contract Documents. Questions must be received in
sufficient time for the City to evaluate the question(s) and respond at least 72 hours
prior to the bid deadline. If the City cannot answer the question in the 72 hour time
period, the bid deadline will be extended in order to allow for sufficient time for other
potential bidders to respond to the change in the bid.
All timely requests for information (regarding the bid) submitted in writing will receive a
written response from the City. Telephone communications with City Staff will not be
permitted. Any oral communication shall not be binding on the City.
BIDS QUOTES AND UNIT PRICING: The individual project prices should be bid as
lump sum prices and must be entered in figures in the spaces provided on the Bid
Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission
Form(s) must be totally completed. Unit prices outlined are to be used only for changes
to the contract.
EVALUATION OF BIDS AND AWARD: The City reserves the right to retain all bids for
a period of 90 calendar days for examination and comparison, and to delete or add any
alternates to/from the contract. Bidders shall guarantee the bid prices for said 90 day
period to facilitate City evaluation of the bids. Each bidder shall meet all of the
specifications and bid terms and conditions. By virtue of the bid submission and
acceptance of the bid award, the bidder acknowledges full understanding of, and
agreement with, and acceptance of all provisions of the plans, specifications and
contract documents. The City reserves the right to waive non-substantial irregularities in
any bid, to reject any or all proposals, to reject or delete one part of a proposal and
accept the other, except to the extent that the bids are qualified by specific limitations
given by the City, and to make award to the lowest responsible bidder as the interest of
the City may require. Estimated Award of Contract Date: April 21, 2011
Construction of Project must be completed by June 30, 2011
In addition to the information required by the bid documents, the City may request
evidence from a bidder, whose bid is under consideration for award, reasonable
evidence showing that bidder's financial resources, construction experience, and
organization and plant facilities are sufficient for performance of the contract.
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 5 of 88
140
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Construction of Security/Retaining Wall at South Metrolink Parking Lot
300 High Street
Moorpark, California
Bids to Be Received—Thursday, April 7, 2011 by 3:00 p.m.
CONTRACTOR
Name
Street Address
City State Zip Code
Telephone Number
Contractor's License No Class , Expiration Date
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder
Title
BID SCHEDULE:
It is understood that the lump sum bid includes without limitation, all appurtenant expenses,
permits, taxes, royalties, and fees associated with the work described within these bid
documents.
1. Security/Retaining Wall Lump Sum Base Bid ($ )
dollars and cents
Number of calendar days for completion:
(NOTE: Construction of Proiect must be completed by June 30, 2011)
City of Moorpark, Spec. No. MPK 11-0 1 Bid Package
Security/Retaining Wall South Metrolink Lot Page 6 of 88
141
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: April 7, 2011 by 3:00 p.m.
UNIT PRICES
This is a lump sum contract. See next page for unit prices that will be used only for additions
and deletions to the contract amount. All prices remain firm throughout completion of all work
under this contract.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Agreement
with the City of Moorpark to perform the Work as specified or indicated in said Contract
Documents entitled: Construction of Security/Retaining Wall at Metrolink South Parking Lot.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter
into a Contract within the time and in the manner as required in the Notice Inviting Bids and will
furnish the insurance certificates, endorsements, and Bonds as required by the Contract
Documents.
Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number: Date:
Bid Addenda Number: Date:
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documents, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder:
By:
(Signature—Authorized Representative)
Title: Dated:
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 7 of 88
142
SCHEDULE OF UNIT PRICES
FOR CONSTRUCTION OF SECURITY/RETAINING WALL AT 300 HIGH STREET
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
All labor prices are complete, including, without limitation, all benefits, insurance, taxes and
bonds. Material prices are complete and include, without limitation, all costs, taxes,
transportation and delivery. Profit and overhead (mark-up) are not included.
These prices are to be used only for additions or deletions to the contract. Unit prices for all
materials and labor are to be listed in this schedule. City reserves the right to reject any or all of
these unit prices.
Item Payment Unit
No. Reference Description Quantity Unit Price
Contractor's Name
Use additional pages if necessary.
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 8 of 88
143
NON-COLLUSION AFFIDAVIT
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF ) SS.
CITY OF
being first duly sworn, deposes and says that he/she is
of the party making the foregoing bid; that the
bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his/her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to
any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder Name of Bidder
Signature of Bidder Signature of Bidder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 9 of 88
144
AFFIRMATIVE ACTION CERTIFICATION
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bidder certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to inspection,
and that said affirmative action will remain in effect for the life of any contract awarded
hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal
employment opportunity requirements of the contract documents.
IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles,
hands, and seals of all forenamed principals this day of , 2011.
1 declare under penalty of perjury under the laws of the State of California that the above
representations are true and correct.
Executed this day of 2011, at California.
Bidder Signature:
Printed Name:
BIDDER'S INFORMATION
Bidder certifies that the following information is true and correct:
Name of Contractor Street Address City
State Zip Code Phone Number
Fax Number Email Address
State Contractors License No. and Class Expiration Date Original Issue Date
State of Incorporation
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 10 of 88
145
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and/or corporate officers having a principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an
interest in this proposal are as follows:
IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles,
hands, and seals of all forenamed principals this day of 2011.
1 declare under penalty of perjury under the laws of the State of California that the above
representations are true and correct. Executed this day of
2011, at California.
Bidder Signature:
Printed Name:
Subscribed and sworn to this day of 2011.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On 2011, before me, [NAME
OF NOTARY], a Notary Public in and for said State, appeared
[NAMES OF PERSON ATTESTING], personally known to me, or proved to me on the basis of
satisfactory evidence to be the person(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 by [his/her/their] signature(s) on the instrument, the person or entity upon
behalf of which the person(s) 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.
WITNESS my hand and official seal.
[SIGNATURES]
[PRINTED NAME OF NOTARY, NOTARY IN AND FOR SAID
STATE AND COUNTY]
[SEAL]
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 11 of 88
146
FEDERAL TRANSIT ADMINISTRATION - EXHIBIT 1
SUSPENSION AND DEBARMENT CERTIFICATION
CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Primary Participant (applicant for an FTA grant or cooperative agreement, or
Potential Contractor for a major third party contract), certifies to the best of its
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction,- violation of Federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or
potential third party contractor) is unable to certify to any of the statements in this
certification, the participant shall attach an explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR
COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR
THIRD PARTY CONTRACT), CERTIFIES
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ.
ARE APPLICABLE THERETO.
Signature of Contractor's Authorized Official Date
Typed Name and Title of Contractor's Authorized Official
City of Moorpark, Spec. No. MPK 11-01 Bid Package
Security/Retaining Wall South Metrolink Lot Page 12 of 88
147
FEDERAL TRANSIT ADMINISTRATION - EXHIBIT 2
LOBBYING CERTIFICATION
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR
20.110, 1 certify to the best of my knowledge and belief that for each application for
federal assistance exceeding $100,000: (1) No Federal appropriated funds have been
or will be paid, by or on behalf of , to any person for
influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress pertaining to the award of any Federal assistance, or the extension,
continuation, renewal, amendment, or modification of any Federal assistance
agreement; and (2) If any funds other than Federal appropriated funds have been or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any application to FTA for
Federal assistance, I assure that Standard Form-LLL, "Disclosure Form to Report
Lobbying," would be submitted and would include all information required by the form's
instructions.
I understand that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing
Federal assistance for a transaction covered by 31 U.S.C. 1352. 1 also understand that
any person who fails to file a required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each failure.
Signature & Title of Authorized Official
Date
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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FEDERAL TRANSIT ADMINISTRATION - EXHIBIT 3
BUY AMERICA COMPLIANCE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Certification of Buy America Compliance for Procurement of steel, iron, or
manufactured products (49 USC Section 53236)(1)).
The bidder hereby certifies that it will meet the requirements of 49 USC Section
53230)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982, as
amended, and the applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Certification of Buy America Non-Compliance for Procurement of steel, iron, or
manufactured products (40 USC Section 53238)(1)).
The bidder hereby certifies that it cannot comply with the requirements of 40 USC
Section 53230)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982,
as amended, but it may qualify for an exception to the requirement pursuant to Section
165(b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended,
and the applicable regulations in 49 CFR Part 661.7.
Date
Signature
Company Name
Title
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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BID BOND
(in lieu of certified or cashier's check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
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 said City if the Proposal
shall be accepted and the Principal shall fail 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 herby agreed that bid
errors shall not constitute a defense to forfeiture.
WITNESS our hands this day of -. 20
Contractor
By
Title
By
Title
Surety
By
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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FORM TO ACCOMPANY BID BOND
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 20
before me, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared
of and 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, and the said duly acknowledge to
me that he/she/they subscribed the name of
thereto as surety and his/her own as
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
If certified or cashier's check is submitted herewith, state number
and amount $
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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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 (A or C-29) at the time the bid is submitted to the City, and must have
satisfactorily completed at least three Southern California projects in the last five years
of comparable size to the scope of this project.
Number of years engaged in providing the work included within the scope of the
specifications under the present business name:
List and describe fully the last three contracts performed by your firm which
demonstrate your ability to complete the work included within the scope of the
specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 2
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 3
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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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)
declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Title
Signature of Bidder
Title
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chemicals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti-smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time City issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, City may give notice of default to
Contractor, and at the City's option, elect any and all rights or remedies set forth in this
agreement.
Approved by Contractor:
Title
Date
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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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:
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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BIDDER'S STATEMENT OF SUBCONTRACTORS
AND MATERIAL FABRICATORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractor's who will perform more than 1/2% the value
of the total lump sum bid amount.
PLEASE PRINT LEGIBLY
Name Under Which Percent
Subcontractor is License Type of work to
Licensed No.& Class Business Address Work be done'
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
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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AGREEMENT BETWEEN THE CITY OF MOORPARK
AND , FOR CONSTRUCTION OF
SECURITY/RETAINING WALL AT 300 HIGH STREET, MOORPARK, CA
THIS AGREEMENT, is made and effective as of this day of
, 2011, between the City of Moorpark, a municipal Corporation ("City")
and , [a sole proprietorship, partnership, limited liability
partnership, corporation, limited liability corporation] ("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 to construct a
security/retaining wall at 300 High Street, Moorpark, CA (also known as the Metrolink
South Parking Lot); 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 of Moorpark at a meeting held on the
day of , 2011, authorized the City Manager to enter into this
Agreement after public bidding in accordance with California Public Contract Code
Section 20160, et seg.
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 as set forth in Exhibit B - 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." Where
said Proposal is modified by this Agreement, or in the event there is a conflict between
the provisions of said Proposal and this Agreement, the language contained in this
Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B attached
hereto and incorporated herein by this reference as though set forth in full. Contractor
shall complete the tasks according to the requirements of the bid manual which is set
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forth in Exhibit C.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B and C, attached hereto and incorporated herein by this
reference as though set forth in full. Compensation shall not exceed the rates or total
contract value as stated in Exhibit B, without the written authorization of the City
Manager of the City of Moorpark. Payment by City to Contractor shall be as referred to
herein.
3. INCORPORATION BY REFERENCE
Notice Inviting Bids, Instructions to Bidders, Public Contract Code Section 22300,
General Conditions, Special Specifications (Federal Transportation Administration [FTA]
Requirements), Technical Specifications, and addenda (date), Bidder's Proposal, Plans,
Standard Specifications for Public Works Construction ("Greenbook"), Drawings, Project
Bid Manual and Specifications, Required Bonds and Forms, Permits, Exhibits A, B, and
C, and all applicable codes and regulations are hereby incorporated in and made part of
this Agreement. The provisions of the Greenbook shall apply to this Project except as
may be modified by other provisions of the Agreement.
4. PRECEDENCE
If there is a conflict between or in the Agreement documents, the precedence
shall be as outlined in Section 2-5.2 of the latest Greenbook.
5. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her
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.
6. CITY 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
designee.
7. PAYMENT
City of Moorpark, Spec. No. MPK 11-01 Bid Package
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The City agrees to pay Contractor monthly, in accordance with the payment rates
and 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
($ .00) plus ten percent (10%) contingency of
($ .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, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager. Contractor shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Contractor at the time City's
written authorization is given to Contractor for the performance of said services. The
City Manager is authorized by the City Council to approve additional work not to exceed
the ten percent (10%) contingency amount stated above.
Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. 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 (30)
days of receipt of any disputed fees set forth on the invoice.
8. APPRENTICESHIP
Contractor must comply with all provisions of Labor Code Section 1777.5.
9. TERMINATION OR SUSPENSION WITHOUT CAUSE
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.
10. DEFAULT OF CONTRACTOR
If the City Manager or his/her delegate 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
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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.
11. 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,
he/she shall forfeit and pay to the City of Moorpark, as liquidated damages, the sum of
one thousand dollars ($1,000) 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. [Govt C. 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.
12. 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. Wth 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.
13. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at Indemnitees'
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option), indemnify, protect and hold harmless City, and its Engineers, officers, agents,
and employees ("Indemnitees") from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including
attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the Indemnitees
arising out of or encountered in connection with this Agreement or the performance of
the work including, but not limited to, death of or bodily injury to persons or damage to
property, including property owned by or under the care and custody of City, and for civil
fines and penalties, that may arise from or be caused, in whole or in part, by any
negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including but not limited to, liability arising from:
a) Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractor;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
Contractor's 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's active negligence accounts for only a percentage of the liability involved,
the obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
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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.
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
Indemnities 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.
14. 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.
15. 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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16. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of 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. The City, and its Construction
Manager, officers and employees, shall not be liable at law or in equity occasioned by
failure of the Contractor to comply with this Section.
17. 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
Sec. 1735]
18. 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.
19. 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 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.
20. 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
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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 of Moorpark and for a
one-year time period following termination of this Agreement.
21. 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 Information
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 (3`d) day after deposit in the United States
mail.
22. 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.
23. 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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24. 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.
25. 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.
26. 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.
27. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, 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, and Exhibits hereof.
28. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the City Manager.
29. 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 Article 10 for each and every day such performance is
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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.
30. 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.
31. 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.
32. 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.
[Signatures to follow on next page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK NAME OF CONTRACTOR HERE
By: By:
Steven Kueny, City Manager Authorized Signatory
Its:
Title
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
Insurance
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 One million dollars ($1,000,000) per occurrence for all covered losses and no
less than Two million dollars ($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 $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, Contract 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. Any such coverage provided under an umbrella liability policy shall include
a drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
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 but in no event less
than $1,000,000 per occurrence and aggregate.
5. Course of Construction
Course of Construction insurance shall provide "all risk" coverage for the
completed value of the project. Policies shall contain the following provisions: (1) City
shall be named as loss payee; and (2) the insurer shall waive all rights of recovery
against City.
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 agree 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.
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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
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
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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,
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.
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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
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 change 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
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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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EXHIBIT B
Contractor's Bid Proposal / Scope of Work
[TO BE ATTACHED / INCORPORATED HEREIN]
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EXHIBIT C
Bid Manual Requirements
Bid Manual dated 2011 is incorporated herein by reference.
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BOND FOR FAITHFUL PERFORMANCE
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 a
Contract with the City of Moorpark, California, for construction of a security/retaining
wall at 300 High Street, South Metrolink Parking Lot, 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 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.
IT IS FURTHER 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
thereunder, nor shall any extensions of time granted under the provisions of the
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 19.
Contractor By
Title By
Surety By:
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FORM TO ACCOMPANY
BOND FOR FAITHFUL PERFORMANCE
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 20
before me, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared
of and 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, and the said duly acknowledge to
me that he/she/they subscribed the name of
thereto as surety and his/her own as
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
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BOND FOR MATERIAL SUPPLIERS AND LABORERS
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" 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 a
Contract for construction of a security/retaining wall at 300 High Street, South Metrolink
Parking Lot 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 subcontractors, 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 3181 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated six (6) months after the date of recordation of the
Notice of Completion by the City and only with the City's written permission. However,
Bond shall not be exonerated if claims or stop notices remain outstanding.
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
thereunder, 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.
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BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this day of ' 19
Contractor
By
Title
By
Title
Surety
By
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FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 20
before me, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared
of and 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, and the said duly acknowledge to
me that he/she/they subscribed the name of
thereto as surety and his/her own as
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
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GENERAL CONDITIONS TO THE CONTRACT FOR
CONSTRUCTION
The General Conditions may be supplemented or amended elsewhere in the Contract
Documents and other sections of the Project Manual. All provisions which are not so
amended or supplemented remain in full force and effect.
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 General Conditions and contract documents as the "Greenbook". The
provisions of the Greenbook shall apply to this Project except as may be modified by
other provisions of the Agreement.
Contractor agrees that if there is a conflict between the documents, or a conflict,
repetition, or ambiguity within any of the documents, the City shall be the sole person to
decide which document or provision shall govern, to the interest of the City. If there is a
conflict between the General Conditions and the Special Specifications Federal Transit
Administration (FTA) requirements for FTA funded projects, the Special Specifications —
FTA requirements shall control.
The City will make the final decisions based on the recommendations of the City's
designated Project Representative. David Moe, Redevelopment Manager is the City's
project representative assigned to this project and will act as directed by and under the
supervision of the City Manager.
In the attached, "City," and "Owner" shall refer to the City of Moorpark, Moorpark,
California.
ARTICLE 1
GENERAL CONDITIONS
1.1 BASIC DEFINITIONS
1.1.1 The Contract represents the entire and integrated Agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract shall not be construed to create a contractual relationship of any
kind (1) between the City and a Subcontractor or supplier or (2) between any persons or
entities other than the City and Contractor.
1.1.2 The term "work" means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor,
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materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The work may constitute the whole or part of the project.
1.1.3 The "project" is the total construction of the work performed under the Contract
Documents and may be the whole or a part which may include construction by other
Contractors and by the City's own forces including persons or entities under separate
contracts not administered by the City.
1.1.4 The "drawings" are the graphic and pictorial portions of the Contract, wherever
located and whenever issued, showing the design, location and dimensions of the work,
generally including plans, elevations, sections, details, schedules, and diagrams.
1.1.5 The "specifications" are that portion of the Contract consisting of the written
requirements for materials, equipment, construction systems, standards and
workmanship for the work, and performance of related services.
1.1.6 The Project Manual is the volume assembled for the work which includes without
limitation, the bidding requirements and documents, the proposal, sample forms, the
contract and conditions of the Contract.
1.1.6.1 The drawings, specifications, project manual, contract and all incorporations by
reference comprise the contract documents.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the City and Contractor as provided in
the Contract.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor
has visited the site, become familiar with local conditions under which the work is to be
performed and correlated personal observations with requirements of the Contract and
agrees to all terms and conditions of the contract documents.
1.2.3 The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the work by the Contractor. THE CONTRACT
DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL
BE BINDING AS IF REQUIRED BY ALL.
1.2.4 Organization of the specifications into divisions, sections and articles, and
arrangements of drawings shall not control the Contractor in dividing the work among
Subcontractors or in establishing the extent of work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract, words which have well-known technical
or construction industry meanings are used in the Contract in accordance with such
recognized meanings.
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1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined and (2) the titles of numbered articles and identified references to
Paragraphs, Sub-paragraphs and Clauses in this document.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract frequently omits modifying words such as
"all" and "any" and articles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is not intended to affect the
interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The City is the person or entity identified as such in the Contract and is referred to
throughout the Contract as if singular in number. The terms "City" and "Owner" mean
the City of Moorpark, and it is the owner.
2.1.2 The City upon reasonable written request shall furnish to the Contractor, in writing,
information which is necessary and relevant for the Contractor to evaluate, give notice
or enforce claim rights.
2.2 INFORMATION AND SERVICES REQUIRED BY THE CITY
2.2.1 Information or services under the City's control shall be furnished by the City with
reasonable promptness to avoid delay in orderly progress of the work.
2.2.2 As necessary, the City shall forward all communications to the Contractor through
the fax and/or first class mail, personal delivery, or overnight delivery service.
2.3 CITY'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct work which is not in accordance with the
requirements of the Contract, in the required time frames, or persistently fails to carry
out work in accordance with the Contract, the City, by written order signed personally or
by an agent specifically so empowered by the City in writing, may order the Contractor
to stop the work, or any portion thereof, until the cause for such order has been
eliminated; however, the right of the City to stop the work shall not give rise to a duty on
the part of the City to exercise this right for the benefit of the Contractor or any other
person or entity. These remedies are supplemental to remedies found elsewhere in the
Contract.
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2.4 CITY'S RIGHT TO CARRY OUT THE WORK
2.4.1 Notwithstanding other remedies available to the City, if the Contractor defaults or
neglects to carry out the work in accordance with the Contract and fails within a ten
calendar day period after receipt of written notice from the City to commence and
correct such default or neglect with diligence and promptness, the City, at its sole option
and without obligation, may, with their own or outside forces, correct such deficiencies.
In such case an appropriate deduction shall be made by the City from payments then,
or thereafter, due to the Contractor for the cost of correcting such deficiencies, including
compensation for the City's additional services and expenses made necessary by such
default, neglect, or failure. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the difference to the City. This
remedy is cumulative. The City may terminate pursuant to section 12 of the contract.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such in the Contract and is
referred to throughout this Contract as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under conditions of the Contract that are administered by the City, and that
are identical or substantially similar to these conditions.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.2.1 In addition to other investigations required by the contract documents, the
Contractor shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the
Contractor with the Contract before commencing activities. Errors, inconsistencies or
omissions discovered shall be reported to City Staff at once.
3.2.2 The Contractor shall perform the work in accordance with the Contract.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and all safety
requirements for coordinating all portions of work under this Contract, subject to overall
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coordination of the Construction, and subject to overall coordination by City Staff as
provided in Subparagraphs 4.2.3.
3.3.2 The Contractor shall be responsible to the City for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the work in
accordance with the Contract either by activities or duties of City Staff in the
administration of the Contract, or by tests, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the project related to the Contractor's
work in order to determine that such portions are in proper condition to receive
subsequent work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract, the Contractor shall provide and pay
for labor, materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation and other facilities and services necessary for proper
execution and completion of the work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the work.
3.5 WAGE RATES, PAYROLL RECORDS AND DEBARMENT
3.5.1 The Contractor is aware of the requirements of California Labor Code sections
1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8,
section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on certain "public works" and
"maintenance" projects. Since this Project involves an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem
wages at the commencement of this Agreement from the website of the Division of
Labor Statistics and Research of the Department of Industrial Relations located at
www.dir.ca.gov/disr/. Contractor shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to perform work on the
Project available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the Project site. Contractor shall defend,
indemnify and hold the City of Moorpark, its elected officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or allege failure to comply with the Prevailing Wage Laws.
3.5.2 The Contractor and each subcontractor shall forfeit as a penalty to the City of
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Moorpark not more than fifty dollars ($50) for each calendar day, or portion thereof, for
each worker paid less than the stipulated prevailing wage rate for any work done by
him, or by any subcontract under him, in violation of the provisions of the California
Labor Code. The difference between such stipulated prevailing wage rate 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.
3.5.3 As a further material part of this Contract, Contractor agrees to hold harmless and
indemnify the City of Moorpark, its Board and each member of the Board, its officers,
employees and agents from any and all claims, liability, loss, costs, damages,
expenses, fines and penalties, of whatever kind or nature, including all costs of defense
and attorneys' fees, arising from any alleged failure of Contractor or its subcontractors
to comply with the prevailing wage laws of the State of California. If the City of
Moorpark or any of the indemnified parties are named as a party in any dispute arising
from the failure of Contractor or its subcontractors to pay prevailing wages, Contractor
agrees that the City of Moorpark and the other indemnified parties may appoint their
own independent counsel, and Contractor agrees to pay all attorneys' fees and defense
costs of the City of Moorpark and the other indemnified parties as billed, in addition to
all other damages, fines, penalties and losses incurred by the City of Moorpark and the
other indemnified parties as a result of the action.
3.5.4 Accurate payroll records shall be kept by the contractor and each subcontractor,
showing the name, address, social security number, work classification, 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 by him or her in
connection with the public work.
3.5.5 It shall be the responsibility of Contractor to Comply with Labor Code section 1776
as it may be amended by the Legislature from time to time with respect to each payroll
record. As of April, 2003, Labor Code section 1776 provides in relevant part:
"(a) Each contractor and subcontractor shall keep accurate payroll records, showing the
name, address, social security number, work classification, 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 by him or her in
connection with the public work. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811,
and 1815 for any work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (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:
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(1) A certified copy of an employee's payroll record shall be made available for
inspection or furnished to the employee or his or her authorized representative on
request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be
made available for inspection or furnished upon request to a representative of the body
awarding the contract, 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 enumerated in subdivision (a) shall be
made available upon request by the public for inspection or for copies thereof. However,
a request by the public shall be made through either the body awarding the contract, 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 costs of
preparation by the contractor, subcontractors, and the entity through which the request
was made. The public shall not be given access to the records at the principal office of
the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement or shall contain the same information as the forms provided by
the division.
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested the records within 10 days after receipt of a
written request.
(e) Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency by the awarding body, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be
marked or obliterated to prevent disclosure of an individual's name, address, and social
security number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of
records made available for inspection by, or furnished to, a joint labor-management
committee established pursuant to the federal Labor Management Cooperation Act of
1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated
only to prevent disclosure of an individual's name and social security number. A joint
labor management committee may maintain an action in a court of competent
jurisdiction against an employer who fails to comply with Section 1774. The court may
award restitution to an employee for unpaid wages and may award the joint labor
management committee reasonable attorney's fee and costs incurred in maintaining the
action. An action under this subdivision may not be based on the employer's
misclassification of the craft of a worker on its certified payroll records. Nothing in this
subdivision limits any other available remedies for a violation of this chapter.
(f) The contractor shall inform the body awarding the contract of the location of the
records enumerated under subdivision (a), including the street address, city and county,
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and shall, within five working days, provide a notice of a change of location and
address.
(g) The contractor or subcontractor shall have 10 days in which to comply subsequent
to receipt of a written notice requesting the records enumerated in subdivision (a). In the
event that the contractor or subcontractor fails to comply within the 10-day period, he or
she shall, as a penalty to the state or political subdivision on whose behalf the contract
is made or awarded, forfeit twenty-five dollars ($ 25) 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. A contractor is not
subject to a penalty assessment pursuant to this section due to the failure of a
subcontractor to comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations
to effectuate this section.
(i) A certified copy of all payroll records shall be submitted to the CONSTRUCTION
MANAGER no later than the tenth (10th) day of each month for the immediately preceding
month. This submission shall be a condition precedent for payment to CONTRACTOR.
Failure to submit payroll records shall be grounds of withholding payment to
CONTRACTOR until such submission is made.
3.5.6 Debarment. The Contractor or any subcontractor working under the Contractor
may not perform work on a public works project with a subcontractor who is ineligible to
perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the
California Labor Code. Any contract on a public works project entered into between the
Contractor and a debarred subcontractor is void as a matter of law. A debarred
subcontractor may not receive any public money for performing work as a subcontractor
on a public works contract. Any public money that is paid, or may have been paid to a
debarred subcontractor by the Contractor on the project shall be returned to the City of
Moorpark. The Contractor shall be responsible for the payment of wages to workers of
a debarred subcontractor who has been allowed to work on the project.
3.6 APPRENTICES
3.6.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and
1777.7 of the California Labor Code concerning employment of apprentices by the
Contractor or any subcontractor under him. The Contractor shall be knowledgeable of
and comply with all California Labor Code sections including 1727, 1773.5, 1775, 1777,
1777.5, 1810, 1813, 1860, including all amendments; each of these sections is
incorporated by reference into this Contract. The responsibility for compliance with
these provisions for all apprentice able occupations rests with the Contractor. Knowing
violations of Section 1777.5 will result in forfeiture not to exceed $100 for each calendar
day of non-compliance pursuant to Section 1777.7.
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3.7 TAXES
3.5.1 The Contractor shall pay sales, consumer, use and similar taxes for the work or
portions thereof provided by the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect.
3.8 PERMITS, FEES AND NOTICES
3.8.1 The Contractor shall secure and pay for all necessary permits required for the
proper execution and completion of the work in this contract, including a City of
Moorpark Business Registration Permit, which can be obtained from the Community
Development Department.
3.8.2 The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on performance of the
work.
3.8.3 If the Contractor performs work knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations, the Contractor shall assume full
responsibility for such work and shall bear the attributable costs to remove, correct
and/or otherwise comply with the law.
3.9 ALLOWANCES
Not used.
3.10 CONTRACTOR'S SUPERVISION/SUPERINTENDENT
3.10.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in full time attendance at the project site during performance of
the work. They shall have extensive experience in projects similar to this one. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The Contractor shall give efficient
supervision to work, using his/her best skill and attention. He/she shall carefully study
and compare all drawings, specifications and other instructions and shall at once report
to City Staff any error, inconsistency or omission which he/she may discover.
3.11 CONTRACTOR'S CONSTRUCTION SCHEDULE
3.11.1 The Contractor, promptly after being awarded the Contract, shall submit
Contractor's construction schedule for the work. Such schedule shall not exceed time
limits current under the Contract, shall be revised at appropriate intervals as required by
the contract documents, conditions of the work and progress. The construction schedule
shall provide for expeditious and practicable execution of the work and shall show
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procurement and submittals. See specifications for further requirements regarding
construction schedule.
3.11.2 The Contractor shall cooperate with the City in scheduling and performing the
Contractor's work to avoid conflict, delay in, or interference with the work of other
Contractors or the construction or operations of the City's own forces.
3.11.3 The Contractor shall prepare and keep current, for City staff approval, a schedule
of submittals which is coordinated with the Contractor's construction schedule and
allows for a reasonable time for review. Contractor shall also keep current a Request for
Information (RFI) schedule and reply record.
3.12 USE OF SITE
3.12.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, and permits and shall not unreasonably encumber the site with materials or
equipment.
3.12.2 The Contractor shall coordinate their operations with, and secure the approval of,
the City before using any portion of the site.
3.13 ACCESS TO WORK
3.11.1 The Contractor shall provide the City access to the work in preparation and
progress wherever located.
3.14 ROYALTIES AND PATENTS
3.14.1 The Contractor shall pay all royalties and license fees, fees for use of patent
rights and shall hold the City harmless from the loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a
particular manufacturer is required by the Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 CITY'S REPRESENTATIVES
4.1.1 One or more Representatives employed by the City may be assigned to the work.
His/her duties shall be defined by the City.
4.1.2 The designated City Project Representative or entity is identified as such in the
Contract and is referred to throughout the Contract as if singular in number. The
designated staff person will act as directed by and under the supervision of the
Redevelopment Manager, and will confer with the Redevelopment Manager and City
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regarding its actions.
4.1.3 The City's Project Representative shall have full access to all operations involving
work under this Contract and shall be provided reasonable advance notice of the time
and place of operations which he/she desires to observe.
4.1.4 The Contractor shall furnish City reasonable facilities for obtaining such
information as may be necessary to keep them fully informed respecting progress and
manner of work and character of materials. Observation of work shall not relieve the
Contractor from any obligation to fulfill this Contract. The Executive Director shall have
authority to stop work whenever provisions of the Contract are not being complied with
and the Contractor shall instruct his/her employees accordingly.
4.1.5 Duties, responsibilities and limitations of authority of City's Representative as set
forth in the Contract shall not be restricted, modified or extended without written consent
of the City and Contractor. Consent shall not be unreasonably withheld.
4.1.6 In case of termination of employment of the designated staff person, the City shall
appoint a staff person whose status under the Contract shall be that of the former staff
or higher, respectively.
4.2 ADMINISTRATION OF THE CONTRACT
4.2.1 The City's project representative will provide administration of the Contract as
described in the Contract under the direction of the Redevelopment Manager, and will
advise the City during construction, until all contractual obligations are completed and
contract performed or terminated. The Representative will advise and consult with the
City and will have authority as stated in the Contract, unless otherwise modified by
written instrument in accordance with other provisions of the Contract.
4.2.2 The City's Project Representative will determine that the work is being performed
in accordance with the requirements of the Contract, will keep the Redevelopment
Manager informed of the progress of the work, and will endeavor to guard the City
against defects, deficiencies in the work and slow progress.
4.2.3 The City's Project Representative will provide for coordination of the activities of
other Contractors and of the City's own forces with the work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and the
City in reviewing their construction schedules. The Contractor shall make any revisions
to the construction schedule deemed necessary after a joint review and as required by
the contract documents. The construction schedules, until subsequently revised, shall
constitute the schedules to be used by the Contractor, other Contractors, and City.
4.2.4 The City's Project Representative will not have control over or charge of and will
not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work, since
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these are solely the Contractor's responsibility as provided in Paragraph 3.3, and
neither will be responsible for the Contractor's failure to carry out the work in
accordance with the Contract. The City will not have control over or charge of or be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
4.2.5 The Contractor shall communicate directly with the City. Communications by and
with Subcontractor's and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the City's Project
Representative.
4.2.6 The Project Representative will review and certify the applications for payment by
the Contractor. City staff will assemble the Contractor's application for payment into a
project application and request for payment.
4.2.7 Based on the City's observations and evaluations of Contractor's applications for
payment, the application will be processed. Final approval for payment rests with the
Executive Director.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor
to perform a portion of the work at the site. The term "Subcontractor" is referred to
throughout the Contract as if singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term "Subcontractor" does not
include other Contractors or Subcontractors of other Contractors. A Subcontractor shall
be considered an employee of the Contractor and the Contractor shall be responsible
for his/her work.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with
a Subcontractor to perform a portion of the work at the site. The term "Sub-
subcontractor' is referred to throughout the Contract as if singular in number and means
a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 All contracts between the general Contractor and its subcontractors and suppliers
shall include a provision that the subcontractors and suppliers shall be bound to the
Contractor to the same extent that the Contractor is bound to the City by all terms and
provisions of the Contract, and shall incorporate the contract by reference into all
subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor
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shall be as fully responsible to the City for acts and omissions of Subcontractor and of
persons either directly or indirectly employed by Subcontractor, as he/she is for acts
and omissions of persons directly employed by himself/herself. Nothing contained in the
Contract shall create any contractual relation between any Subcontractor and the City.
5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing
for review by the City, the names of persons or entities including those who are to
furnish materials or equipment fabricated to a special design proposed for each
principal portion of the work.
5.2.3 The City's consent to or approval of any Subcontractor under this Contract shall
not in any way relieve the Contractor of his/her obligations under this Contract and no
such consent or approval shall be deemed to waive any provision of this Contract.
5.2.4 The Contractor shall not contract with a proposed person or entity to whom the
City has made reasonable and timely objection. The Contractor shall not contract to any
unlicensed or uninsured Subcontractor or supplier.
5.2.5 The Contractor shall not change a Subcontractor, person or entity previously
approved if the City makes reasonable objection to such change. Substitution or
addition shall be permitted only as authorized in Chapter 2 (commencing at Section
4100) Division 5, Title 1 of California Government Code.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 Each subcontract agreement shall preserve and protect the rights of the City,
under the Contract with respect to the work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by
this Contract, has against the City. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor
shall make available to each proposed Subcontractor, prior to the execution of the
subcontract agreement, copies of the Contract to which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor
terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract. Subcontractors shall similarly make copies of applicable portions of
such documents available to their respective proposed Sub-subcontractors.
5.4 MUTUAL RESPONSIBILITY
5.4.1 The Contractor shall afford the City's own forces and other Contractors
reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the City.
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5.4.2 If part of the Contractor's work depends for proper execution or results upon
construction or operations by the City's own forces or other Contractors, the Contractor
shall, prior to proceeding with that portion of the work, promptly report to the City
apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor to report
these discrepancies and defects shall constitute an acknowledgment that the City's own
forces or other Contractors' completed or partially completed construction is fit and
proper to receive the Contractor's work.
5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the City or
other Contractors.
5.4.4 Claims and other disputes and matters in question between the Contractor and
other Contractors shall be subject to the applicable provisions of the Public Contract
Code.
5.5 CITY'S RIGHT TO CLEAN UP
5.5.1 If a dispute arises among the Contractor, other Contractors and the City as to the
responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the City may clean up and
allocate the cost among those responsible as the City determines to be equitable.
ARTICLE 6
CHANGES IN THE WORK
6.1 CHANGES
6.1.1 Changes in the work may be accomplished after execution of the Contract, and
without invalidating the Contract, by change order, construction change directive or
order for a minor change in the work, subject to the limitations stated in this Article 6
and elsewhere in the Contract.
6.1.2 A change order shall be based upon prior written agreement among the City, and
Contractor; a construction change directive requires prior written agreement by the City
and may or may not be agreed to by the Contractor; an order for a minor change in the
work may be issued by the City. Final approval for all change orders rests with the City.
The City's City Manager is the final approving authority.
6.1.3 Changes in the work shall be performed under applicable provisions of the
Contract, and the Contractor shall proceed promptly, unless otherwise provided in the
change order, construction change directive or order for a minor change in the work.
6.1.4 Requests for changes and time extensions may be submitted in letter form with
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detailed backup and substantiated reasons attached. All requests submitted without
detailed backup and substantiated reasons and will be returned without action.
6.2 CHANGE ORDERS
6.2.1 A change order is a written instrument prepared by the City and signed by the City
and Contractor, stating their agreement upon all of the following:
1. a subsequent change in the work;
2. the amount of the adjustment in the Contract lump sum, if any; and
3. the extent of the adjustment in the Contract time, if any.
6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
City, directing a change in the work and stating a proposed basis for adjustment, if any;
in the Contract lump sum or Contract time, or both. The City may, by construction
change directive, without breaching the contract, order changes in the work within the
general scope of the Contract consisting of additions, deletions or other revisions, the
Contract lump sum and Contract time being adjusted accordingly, in accordance with
provisions of the contract documents.
6.3.2 A construction change directive shall be used in the absence of total agreement
on the terms of a change order or pending change order.
6.3.3 If the construction change directive provides for an adjustment to the Contract
lump sum, the adjustment shall be based on one of the following methods, and in
accordance with provisions of the contract documents:
1. Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
2. Unit prices stated in the Contract or subsequently agreed upon in writing;
3. Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
4. as provided in Subparagraph 6.3.6.
6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly
proceed with the change in the work involved and advise the City of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction
change directive for determining the proposed adjustment in the Contract lump sum or
Contract time.
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6.3.5 A Construction change directive signed by the Contractor indicates the agreement
of the Contractor therewith, including adjustment in Contract lump sum and Contract
time or the method for determining them. Such agreement shall be executed as a
change order.
6.3.6 If the Contractor does not respond promptly or disagrees with the method for
adjustment in the Contract lump sum, the method and the adjustment shall be
determined by the City on the basis of reasonable expenditures and savings of those
performing the work attributable to the change, including, in case of an increase or
decrease in the Contract lump sum, the pre-determined percentage for overhead and
profit. In such case, the Contractor shall keep and present, in such form as the City may
prescribe, an itemized account together with appropriate supporting data. Unless
otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6
shall be limited to the following:
1. Costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
2. Costs of materials, supplies and equipment, including cost of delivery by
supplier, whether incorporated or consumed;
3. Reasonable, competitive rental costs of equipment over $75/day,
exclusive of hand tools and contractor owned vehicles, whether rented
from the Contractor or others;
4. Permit fees, and sales, use or similar taxes related to the work; as limited
in the conditions of the Contract.
6.3.7 Pending final determination of cost to the City, amounts not in dispute may be
included in applications for payment if a change order, to that effect has been signed by
the parties. The amount of credit to be allowed by the Contractor to the City for a
deletion or change which results in a net decrease in the Contract lump sum shall be
actual net cost as confirmed by the City. When both additions and credits covering
related work or substitutions are involved in a change, the allowance for overhead and
profit shall be figured on the basis of increase, if any, with respect to that change.
6.3.8 If the City and Contractor agree with the determination concerning the
adjustments in the Contract lump sum and Contract time, or otherwise reach agreement
upon the adjustments, such agreement shall be recorded by preparation and execution
of an appropriate change order. Change Orders do not become effective until executed
by all parties.
6.3.9 If the City and Contractor do not agree on adjustments to the Contract lump sum
or Contract time, then this shall be considered a dispute and shall be resolved pursuant
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to the applicable provisions of the Public Contract Code.
ARTICLE 7
TIME
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and/or hours, including authorized adjustments, allotted in the Contract for substantial
completion of the work.
7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed
issued by the City. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for which the Contractor is responsible.
7.1.3 The date the project is completed is the date so certified by the City.
7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise
specified.
7.2 PROGRESS AND COMPLETION
7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal,
the Contractor confirms that the Contract time is a reasonable period for performing the
work.
7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the City
in writing, prematurely commence operations on the site or elsewhere prior to the
effective date of insurance required by the Contract to be furnished by the Contractor.
The date of commencement of the work shall not be changed by the effective date of
such insurance. The date of commencement will be established by a notice to proceed
given by the City.
7.3 DELAYS AND EXTENSION OF TIME
7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time
extension to the contract. He/she may request an extension listing reasons for the delay
and submitting substantiating evidence. If the City determines the request is
reasonable, a change order may be issued for said time extension.
7.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3 and other appropriate sections of the contract documents.
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ARTICLE 8
PAYMENTS AND COMPLETION
8.1 CONTRACT LUMP SUM
8.1.1 The Contract lump sum is stated in the Contract and, including authorized
adjustments, is the maximum amount payable by the City to the Contractor for
performance of the work under the Contract.
8.2 APPLICATIONS FOR PAYMENT
8.2.1 Contractor shall submit to the City an itemized application for payment for work
completed in accordance with the schedule of values, if applicable. The application will
be supported by such data substantiating the Contractor's right to payment as the City
may require.
8.2.2 Amounts billed by subcontractor or supplier are not a measure of work completed.
8.2.3 The Contractor warrants that upon submittal of an application for payment all work
for which recommendation for payment has been requested shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material
suppliers, or other persons or entities making a claim by reason of having provided
labor, material or equipment relating to the work. Copies of applicable releases should
be submitted with the Contractor's invoice.
8.2.4 Payment shall be made pursuant to payment terms, payment schedule and
requirements of the Contract.
8.2.5 Application for payment shall be submitted using the Contractor's own form of
invoice.
8.2.6 Payment shall be made as a lump sum pursuant to the Contract provisions.
8.2.7 Substantial completion does not constitute approval for final payment nor final
acceptance of the work.
8.2.8 Payment requests will be rejected due to lack of, or improper releases or other
improper or incomplete documents required to be submitted with payment requests, as
determined by the City.
8.2.9 For all payments made under this contract, there will be no separate "Certificate
for Payment." The owner's issuance of a check constitutes a certificate of payment.
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8.3 RECOMMENDATION FOR PAYMENT
8.3.1 The Contractor will assemble a project invoice by certifying the amounts due and
forwarding them to the Project Representative, along with all required releases and
certified payroll documents.
8.3.2 Within ten working days after receipt of the project application for payment, the
City will either issue a recommendation for payment, for such amounts as the City
determines is properly due, or notify the Contractor in writing of the reasons for
withholding certification in whole or in part as provided in Subparagraph 8.4.1.
8.3.3 The issuance of a recommendation for payment will constitute representations
made separately to the City, based on individual observations at the site and the data
comprising the application for payment submitted by the Contractor, that the work has
been completed and that, to the best of the City's knowledge, information and belief, the
quality and quantity of the work conforms to the Contract. The foregoing representations
are subject to an evaluation of the work for conformance with the Contract upon
substantial completion, to results of subsequent tests and inspections, to minor
deviations from the Contract correctable prior to completion and to specific qualifications
expressed by the City. The issuance of a recommendation for payment will further
constitute a representation that the Contractor is entitled to payment in the amount
certified. However, the recommendation for payment will not be a representation that
the City has (1) made exhaustive or continuous on-site inspections to check the quality
or quantity of the work, (2) reviewed the Contractor's construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the City to
substantiate the Contractor's right to payment or (4) made examination to ascertain how
or for what purpose the Contractor has used money previously paid on account of the
Contract lump sum.
8.4 DECISIONS TO WITHHOLD CERTIFICATION
8.4.1 The City may decide not to certify payment and may withhold a recommendation
for payment in whole or in part, to the extent reasonably necessary to protect the City, if
in the City's opinion the representations to the City required by Subparagraph 8.3.3
cannot be made. If the City's Representative is unable to certify payment in the amount
of the application, the City will notify the Contractor. If the Contractor and City cannot
agree on a revised amount, the City will promptly issue a recommendation for payment
for the amount for which the City is able to make such representations. The City may
also decide not to certify payment or, because of subsequently discovered evidence or
subsequent observations, may nullify the whole or a part of a recommendation for
payment previously issued, to such extent as may be necessary to protect the City from
loss because of, but not limited to, the following:
1. Defective work not remedied,
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2. Third party claims filed or reasonable evidence indicating probable filing of
such claims;
3. Alleged failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
4. Reasonable evidence that the work cannot be completed for the unpaid
balance of the Contract lump sum;
5. Damage to the City or another contractor or third party allegedly by
Contractor, his/her agent or employee;
6. Reasonable evidence that the work will not be completed within the
Contract time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
7. Persistent failure to carry out the work in accordance with the Contract;
8. Re-testing of non-passing tests, reimbursement for inspections, overtime
and minimum times not used;
9. Alleged breach of terms and conditions of Contract Documents;
10. Disputed items and issues;
11. Liquidated damages; or
12. Payments which may be past due and payable for just claims against
Contractor or any Subcontractor for labor or materials furnished in and
about the performance of work on the project under this Contract; and/or
13. Improper, incomplete or unacceptable documents, releases or back up
materials.
8.4.2 When the above reasons for withholding certification are removed to the City's
satisfaction, certification will be made for amounts previously withheld.
8.4.3 The City may apply such withheld amount or amounts to payment of such claims
or obligations at his/her discretion. In so doing, the City shall be deemed the agent of
the Contractor and any payment so made by the City shall be considered as a payment
made under Contract by the City to the Contractor and the City shall not be liable to the
Contractor for such payments made in good faith. Such payments may be made without
prior judicial determination of claim or obligations. The City will render the Contractor a
proper accounting of such funds disbursed on behalf of the Contractor.
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8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT
8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall
forward to the City a written notice that the work is ready for final inspection and
acceptance and shall also forward to the City a Contractor's application for final
retention payment. When the City finds the work to be acceptable under the Contract
and the Contract fully performed, the City will approve the recordation of a Notice of
Completion based on the recommendation that to the best of their knowledge,
information and belief, and on the basis of their observations and inspections, the work
has been completed in accordance with terms and conditions of the Contract.
8.5.2 In addition to the above, no final retention payment shall be paid until the
Contractor submits to the City (1) final certified payroll; (2) release statements or
waivers of liens from all subcontractors indicating that they have been paid for their
portion of work on this job; and (3) a copy of the building permit showing final sign-off
from the City inspector.
8.5.3 Once all documentation has been furnished, the Contractor will not receive
payment of final retention until 30 days have passed from the date the Notice of
Completion records.
ARTICLE 9
PROTECTION OF PERSONS AND PROPERTY
9.1 SAFETY PRECAUTIONS AND PROGRAMS
9.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract
including, without limitation, safety, job meetings and training. The Contractor shall
submit the Contractor's safety program to the City and coordinate with the safety
programs of other Contractors. Contractor will furnish minutes of all safety meetings to
the City.
9.1.2 In the event the Contractor encounters on the site material reasonably believed to
be asbestos or polychlorinated biphenyl (PCB), the Contractor shall immediately stop
work in the area affected and report the condition to the City in writing. The work in the
affected area shall not thereafter be resumed except by written agreement of the City
and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and
has not been rendered harmless. The work in the affected area shall be resumed in the
absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered
harmless, by written agreement of the City and Contractor.
9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop work
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in the affected area and report the condition to the City in writing. The City shall then
proceed in the same manner described in Subparagraph 9.1.2.
9.2 SAFETY OF PERSONS AND PROPERTY
9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
1. Employees on the job and other persons who may be affected thereby;
2. The work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody or control of the
Contractor or the Contractor's Subcontractors or Sub-subcontractors;
3. Other property at the site or adjacent thereto, such as trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction; and
4. Construction or operations by the City or other Contractors.
9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
9.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
9.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the work, the Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified
personnel.
9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured
under property insurance required by the Contract) to property referred to in
subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a
Sub-subcontractor, supplier, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible
under subparagraph 9.2.1. This includes damage or loss caused by unknown persons
or causes. The foregoing obligations of the Contractor are in addition to the Contractor's
obligations under the indemnity sections of the Contract.
9.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
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in writing to the City.
9.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger safety to persons or property.
9.3 EMERGENCIES
9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3 and Article 7.
ARTICLE 10
INSURANCE
10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for
additional insurance requirements)
10.1.1 The Contractor shall purchase from and maintain in a company or companies
"admitted" by the State of California such insurance as specified in the Contract
Documents for this project as will protect the Contractor from claims which may arise
out of or result from the Contractor's operations under the Contract and for which the
Contractor may be legally liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable.
10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than
limits of liability specified in the Contract Documents or required by law, whichever
coverage is greater. Coverages must be written on an occurrence basis and shall be
maintained without interruption from date of commencement of the work until after
guarantee period expires and City has given written permission to cancel insurance.
10.1.3 Certificates of Insurance acceptable to the City shall be submitted to the City
prior to commencement of the work. Additional certificates evidencing continuation of
coverage after final payment shall be submitted with the final Application for Payment as
required by Subparagraph 10.1.2.
10.1.4 All certificates must be original. An endorsement, the form of which is specified in
the Contract Documents, naming the Agency as additional insured must also be
submitted before the Notice to Proceed will be issued.
10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said
insurance coverage is required in addition to all other insurance coverage required by
other provisions of the Contract Documents. Contractor to pay all deductibles.
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10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a
copy of each policy that includes insurance coverages required by this Paragraph 10.1.
Each policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each policy shall contain a provision that the
policy will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner.
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SPECIAL SPECIFICATIONS
FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS
(EXCERPT AS OF DECEMBER 2010)
For FTA funded projects
1. Audit and Inspection
Contractor shall permit the authorized representatives of City, the Ventura County
Transportation Commission (VCTC), the United States Department of Transportation
(USDOT) and the Controller General of the United States to inspect and audit all data
and records of Contractor relating to its performance under this Agreement.
Contractor also shall maintain all required records relating to this project for at least
three (3) years after City makes final payment and all other pending matters are closed.
2. Disadvantaged Business Enterprise (DBE)
A DBE is a business owned and controlled by one or more socially and economically
disadvantaged individuals. For the purpose of definition, DBE means an enterprise with
control by an individual or individuals who is/are Female, Black American, Hispanic
American, Asian Pacific American, Asian Indian American or Native American, and
other minorities or individuals found to be disadvantaged by the Small Business
Administration pursuant to Section 8(a) of the Small Business Act, as further described
in FTA Circular C4716.1A, incorporated into 49 Code of Federal Regulations (CFR) Part
26.
Owned and controlled means a business which is: (1) A sole proprietorship legitimately
owned by a socially and economically disadvantaged individual; (2) A partnership or
joint venture controlled by socially and economically disadvantaged individuals, and in
which at least fifty-one percent (51%) of the beneficial ownership interests legitimately
are held by socially and economically disadvantaged individuals; or (3) A corporation or
other entity controlled by socially and economically disadvantaged individuals, in which
at least fifty-one percent (51%) of the voting interests legitimately are held by socially
and economically disadvantaged individuals.
In connection with the performance of this Agreement, Contractor shall cooperate with
the VCTC in meeting commitments and goals with regard to the maximum utilization of
DBE and will use its best efforts to ensure that DBE shall have the maximum practicable
opportunity to compete for subcontract work under this Agreement. Contractor shall
submit with proposal certification of the actual percentage of DBE utilization for this
project. Contractor's failure to make good faith efforts to comply with VCTC's DBE
program shall be considered a material breach of this Agreement and may give rise to
certain administrative penalties and proceedings, including, but not limited to, those set
forth in 49 CFR Part 26.107.
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The VCTC has established a DBE Program pursuant to 49 CFR Part 26, which applies
to this Agreement. The requirements and procedures of VCTC's DBE Program are
hereby incorporated by reference into this Agreement. VCTC has a race-neutral
program, and there is no DBE goal associated with this Project. Each party to this
Agreement shall ensure that compliance with VCTC's DBE Program shall be included in
any and all sub-agreements entered into which arise out of or are related to this
Agreement. Failure by any party to this Agreement to carry out VCTC's DBE Program
procedures and requirements or applicable requirements of 49 CFR Part 26 shall be
considered a material breach of this Agreement, and may be grounds for termination of
this Agreement, or such other appropriate administrative remedy.
3. Prompt Payment to Subcontractors
No later than thirty (30) working days after receiving payment of retention from City for
work satisfactorily performed by any of its subcontractors for services rendered arising
out of or related to this Agreement, Contractor shall make full payment to its
subcontractors of all compensation due and owing under the relevant subcontract
agreement, unless excused by City for good cause pursuant to paragraph A below.
No later than thirty (30) days after receiving payment of retention from City for work
satisfactorily performed by any of its subcontractors for services rendered arising out of
or related to this Agreement, Contractor shall also make full payment to its
subcontractors of all retentions withheld by it pursuant to the relevant subcontract
agreement, unless excused by City for good cause pursuant to paragraph A below.
A. Good Cause: Contractor may only delay or postpone any payment obligation (or
retention) to any of its subcontractors for services rendered arising out of or related
to this Agreement where, in City's sole estimation, good cause exists for such a
delay or postponement. All such determinations on City's part that good cause
exists for the delay or postponement of Contractor's payment obligation to its
subcontractor must be made prior to the time when payment to the subcontractor
would have been otherwise due by Contractor.
4. Equal Employment Opportunity
The following equal employment opportunity requirements apply to this Agreement:
A. Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the
Civil Rights Act, as amended, 42 United States Code (USC) Section 5332,
Contractor agrees to comply with all applicable equal employment opportunity
requirements of the United States Department of Labor (USDOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 CFR Parts 60 et seq., (which implement Executive Order
No. 11246 Relating to Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal
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Employment Opportunity," 42 USC Section 2000e), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the project for
which this Agreement work is being performed. Contractor agrees to take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment of recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, Contractor agrees to
comply with any implementing requirements FTA may issue.
B. Age: In accordance with Section 4 of the Age Discrimination in Employment Act
of 1967, as amended, 29 USC Section 623 and Federal Transit laws at 49 USC
Section 5332, Contractor agrees to refrain from discrimination against present and
prospective employees for reasons of age. In addition, Contractor agrees to
comply with any implementing requirements FTA may issue.
C. Disabilities: In accordance with Section 102 of the Americans with Disabilities
Act of 1990, as amended, 42 USC Section 12112, Contractor agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with
disabilities. In addition, Contractor agrees to comply with any implementing
requirements FTA may issue.
D. Immigration and Naturalization Act of 1986: In connection with the execution
of this Agreement, Contractor must comply with all aspects of the Federal
Immigration and Naturalization Act of 1986.
5. Debarred Proposers
Contractor, including any of its officers or holders of a controlling interest, is obligated to
inform City by certificate whether or not it is or has been on any list maintained by the
United States Government as a Contractor who has been debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
any Federal contracts. Should Contractor be included on such a list during the
performance of this project, it shall so inform City. Certificate pursuant to this provision
is included with Agreement as Exhibit 1.
6. Clean Air
Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act, as amended, 42 USC Sections 7401 et seg. Contractor
agrees to report each violation to City and understands and agrees that City shall, in
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turn, report each violation as required to assure notification to FTA and the appropriate
Environmental Protection Agency (EPA) Regional Office. Contractor also agrees to
include these requirements in each subcontract exceeding $100,000 financed in whole
or in part with Federal assistance provided by FTA.
7. Clean Water
Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the federal Water Pollution Control Act, as amended, 33 USC Section 1251
et seg. Contractor agrees to report each violation to City and understands and agrees
that City shall, in turn, report each violation as required to assure notification to FTA and
the appropriate Environmental Protection Agency (EPA) Regional Office. Contractor
also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
8. Energy Conservation
Contractor shall recognize mandatory standards and policies relating to energy
efficiency that are contained in the State energy conservation plan issued in compliance
with the Federal Energy Policy and Conservation Act 42 USC Sections 6321 et seg.
9. Recycled Products
Contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended, 42 USC Section 6962, including,
but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40
CFR Part 247.
10. Title VI of the Civil Rights Act of 1964
During the performance of this Agreement, Contractor, for itself, its assignees and
successors in interest agrees as follows:
A. Compliance with Regulations: Contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the USDOT 49 CFR
Part 21, as they may be amended from time to time, (Regulations), which are
herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as
amended, 42 USC Section 200d and Section 303 of the Age Discrimination Act of
1975, as amended, 42 USC Section 6102 and Section 202 of the Americans with
Disabilities Act of 1990, 42 USC Section 12132, and Federal Transit laws at 49
USC Section 5332, Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, Contractor agrees to comply with
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applicable Federal implementing regulations and other implementing requirements
FTA may issue.
C. Solicitations for Subcontractors, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by Contractor for work to be performed under a subcontract, including procurement
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by Contractor of Contractor's obligations under this Agreement and the
Regulations relative to non-discrimination on the grounds of race, color, or national
origin.
D. Information and Reports: Contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its
facilities as may be determined by City or the FTA to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or
refuses to furnish this information, Contractor shall so certify to City or the FTA as
appropriate, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of Contractor's noncompliance with
nondiscrimination provisions of this Agreement, City shall impose sanctions as it or
the FTA may determine to be appropriate, including, but not limited to:
1. withholding of payments to Contractor under the Agreement until Contractor
complies; and/or
2. cancellation, termination, or suspension of the Agreement, in whole or in part.
F. Subcontracts: Contractor also agrees to include these requirements in each
subcontract financed in whole or in part with Federal assistance provided by FTA,
modified only if necessary to identify the affected parties.
G. Incorporation of Provisions: Contractor shall include the provisions of
paragraphs "A" through "F" in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto.
11. Contract Work Hours and Safety Standards Act (CWHSS)
The following CWHSS requirements apply to this Agreement:
A. Overtime Requirements: The CWHSSA, 40 USC Sections 327-333 applies to all
agreements over $100,000 that may require or involve laborers or mechanics. The
CWHSSA requires that laborers or mechanics cannot be required, or permitted, to
work more than forty (40) hours in any workweek unless paid overtime at not less
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than one and one-half(1.5) times the basic rate of pay.
B. Violation; Liability for Unpaid Waqes; Liquidated Damages: In the event of
any violation of the clause set forth in paragraph (A) of this section Contractor and
any subcontractor responsible therefore shall be liable for the unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen, and guards, employed in
violation of the clause set forth in paragraph (A) of this section, in the sum of $10
for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (A) of this section.
C. Withholding for Unpaid Wages and Liquidated Damages: City shall upon its
own action or upon written request of an authorized representative of the USDOL
withhold or cause to be withheld, from any moneys payable on account of work
performed by the Contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the CWHSS, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph (B) of this section.
D. Subcontracts: Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in this section and also a clause requiring the subcontractor to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section.
E. Payrolls and Basic Records: Payrolls and basic records relating thereto shall be
maintained by Contractor during the course of the work and preserved for a period
of three years thereafter for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of
contributions thereof of the types described in section 1(b)(2)(B) of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
Part 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan program
described in section 1(b)(2)(B) of the Davis-Bacon Act, Contractor shall maintain
records which show that the commitment to provide such benefits is enforceable,
that the plan program has been communicated in writing to the laborers or
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mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
F. Section 107 of the CWHSS: Contractor agrees to comply with section 107 of the
CWHSS, 40 USC Section 333, and applicable DOL regulations, "Safety and Health
Regulations for Construction" 29 CFR Part 1926. Among other things, Contractor
agrees that it will not require any laborer or mechanic to work in unsanitary,
hazardous, or dangerous surroundings or working conditions.
G. Subcontracts: Contractor also agrees to include the requirements of this section
in each subcontract. The term "subcontract" under this section is considered to
refer to a person who agrees to perform any part of the labor or material
requirements of a contract for construction, alteration or repair. A person who
undertakes to perform a portion of a contract involving furnishing of supplies or
materials will be considered a "subcontractor" under this section if the work in
question involves the performance of construction work and is to be performed: (1)
directly on or near the construction site, or (2) by the employer for the specific
project on a customized basis. Thus, a supplier of materials which will become an
integral part of the construction is a "subcontractor" if the supplier fabricates or
assembles the goods or materials in question specifically for the construction
project and the work involved may be said to be construction activity. If the goods
or materials in question are ordinarily sold to other customers from regular
inventory, the supplier is not a "subcontractor." The requirements of this section do
not apply to contracts or subcontracts for the purchase of supplies or materials or
articles normally available on the open market.
12. Access to Records and Reports
Contractor agrees to provide VCTC, the FTA Administrator, the Comptroller General of
the United States or of any of their authorized representatives access to any books,
documents, papers and records of Contractor which are directly pertinent to this
Agreement for the purposes of making and conducting audits, inspections,
examinations, excerpts, and transcriptions.
Contractor also agrees, pursuant to 49 CFR Part 633.1.7, to provide the FTA
Administrator or his or her authorized representatives, including any Project
Management Oversight (PMO) contractor, access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 USC Section
5302(a)1, which is receiving federal financial assistance through the programs
described in 49 USC Sections 5307, 5309 or 5311. Contractor agrees to permit any of
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the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed.
Contractor agrees to maintain all books, records, accounts and reports required under
this Agreement for a period of not less than three years after the date of termination or
expiration of this Agreement, except in the event of litigation or settlement of claims
arising from the performance of this Agreement, in which case Contractor agrees to
maintain such books, records, account and reports until the VCTC, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives,
have disposed of all such litigation, appeals, claims or exceptions related thereto.
13. Cargo Preference— Use of United States Flag Vessel
Pursuant to 46 CFR Part 381, the following provisions are applicable in the event
equipment, materials or commodities will be transported by ocean vessel in carrying out
the work under this Agreement. In such event, Contractor agrees as follows:
A. To utilize privately owned United States-flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any equipment, materials or
commodities pursuant to this Agreement, to the extent such vessels are available
at fair and reasonable rates for United States-flag commercial vessels.
B. To furnish within 20 days following the date of loading for shipments originating
within the United States, or within 30 working days following the date of a rated,
"on board" commercial bill-of-lading in English for each shipment of cargo
described in subparagraph A above to the City (through the contractor in the case
of subcontractor bills-of-lading) and to the Division of National Cargo, Office of
Market Development, Maritime Administration, 400 Seventh Street SW,
Washington D.C. 20590, marked with appropriate identification of the project.
C. To insert the substance of the provisions of this clause in any subcontracts issued
pursuant to this Agreement when the subcontract may involve the transport of
equipment, material or commodities by ocean vessel.
14. Subcontractors' Certificate Regarding Debarment, Suspension, Ineligibility
or Voluntary Exclusion
A. Contractor shall include in each subcontract exceeding $100,000, regardless of
tier, a clause requiring each lower tiered subcontractor to provide the certification
set forth in paragraph B of this section. Each subcontract, regardless of tier, shall
contain a provision that the subcontractor shall knowingly enter into any lower tier
subcontract exceeding $100,000 with a person who is disbarred, suspended or
declared ineligible from obtaining federal assistance funds. If a proposed
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subcontractor is unable to certify to the statements in the following certification,
Contractor shall promptly notify City and provide all applicable documentation.
B. Each subcontractor with a subcontract exceeding $100,000 shall certify as follows:
Subcontractor's Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
1. ("subcontractor") certifies, by
submission of its proposal to
("Contractor"), that neither it nor its "principals" (as defined in 49 CFR Part
29.105(p)1) is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in contracts by
any Federal department or agency.
2. If subcontractor is unable to certify to the statements in the certification,
subcontractor has attached a written explanation to its proposal to Contractor.
15. No Obligation by the Federal Government
City and Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying
Agreement, absent the express written consent by the Federal Government, the Federal
Government is not a party to this Agreement and shall not be subject to any obligations
or liabilities to City, Contractor, or any other party (whether or not a party to that
Agreement) pertaining to any matter resulting from the underlying Agreement.
Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the subcontractor who will be subject to its
provisions.
16. Program Fraud and False or Fraudulent Statements or Related Acts
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 USC Sections 3801 et seq. and USDOT regulations, "Program
Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this
Agreement. Upon execution of the underlying Agreement, Contractor certifies or affirms
the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying Agreement or the FTA assisted project
for which this Agreement work is being performed. In addition to other penalties that
may be applicable, Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud
Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems
appropriate.
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Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with
Federal assistance originally awarded by FTA under the authority of 49 USC Section
5307, the Federal Government reserves the right to impose the penalties of 18 USC
Section 1001 and 49 USC Section 5307(n)(1) on Contractor, to the extent the Federal
Government deems appropriate.
Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
17. Lobbying
Contractor shall file the certification required by 49 CFR Part 20, "New Restrictions on
Lobbying," provided in Exhibit 2. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 USC Section 1352. Each tier shall also disclose the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 USC Section 1352. Such disclosures are forwarded from tier to
tier up to the recipient.
18. Copeland Anti-Kickback Act
Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated
by reference in this Agreement.
19. Protest Procedures
The FTA will only review protests regarding alleged failure of City to follow the written
and adopted Agreement protest procedures.
20. FTA Role in Bid Protests
Protestors shall file a protest with FTA not later than five (5) days after a final decision is
rendered under City's protest procedure. In instances where the protestor alleges that
City failed to make a final determination on the protest, protestors shall file a protest
with FTA not later than five (5) days after the protestor knew or should have known of
City's failure to render a final determination on the protest.
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Protests should be filed with the appropriate FTA Regional Office with a concurrent
copy to the grantee. The protest filed with FTA shall:
Include the name and address of the protestor.
Identify the grantee, project number, and the number of the contract solicitation.
Contain a statement of the grounds for the protest and any supporting
documentation. This should detail the alleged failure to follow protest procedures
or the alleged failure to have procedures and be fully supported to the extent
possible.
Include a copy of the local protest filed with the grantee and a copy of the
grantee's decision, if any.
FTA may dismiss the protest without further process if the protest, as originally filed,
fails to establish grounds for FTA review.
21. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by
reference in the grant agreements between the VCTC and FTA, as they may be
amended or promulgated from time to time during the term of this Agreement. Failure
by Contractor to so comply shall constitute a material breach of this Agreement. In the
event any such changes significantly affect the cost or the schedule to perform the
work, Contractor shall be entitled to submit a claim for an equitable adjustment under
the applicable provisions of this Agreement.
22. INTEREST OF EMPLOYEES
No member officer or employee of City, during his/her tenure or for one (1) year
thereafter, shall have any interest, direct or indirect, in the Agreement or the proceeds
thereof.
To each party's knowledge, no City Council member, officer or employee of City has
any interest, whether contractual, non-contractual, financial or otherwise, in this
transaction, or in the business of the contracting party other than City, and if any such
interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information shall be made in writing to the other party or parties,
even if such interest would not be considered a conflict of interest under Article 4
(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of
Division 4 of Title 1 of the Government Code of the State of California.
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23. INTEREST OF MEMBERS OF CONGRESS
No member of or delegate of the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefit arising therefrom.
24. BUY AMERICA REQUIREMENTS
Contractor agrees to comply with 49 USC Section 53230) and 49 CFR Part 661, which
provided that Federal Funds may not be obligated unless steel, iron, and manufactured
products in FTA-funded projects are produced in the United States, unless a waiver has
been granted by FTA or the project is subject to a general waiver listed in 49 CFR
661.7. Contractor shall file the certification provided in Exhibit 3.
25. Incorporation of FTA Terms
The provisions in these Special Specifications include, in part, certain Standard Terms
and Conditions required by the USDOT, whether or not expressly set forth in the
preceding provisions. All contractual provisions required by USDOT, as set forth in FTA
Circular 4220.1 F, dated November 1, 2008, as it may be amended from time to time,
are hereby incorporated in this Agreement reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. Contractor shall not perform
any act, fail to perform any act or refuse to comply with any requests of City which
would cause City to be in violation of the FTA terms and conditions.
The following three exhibits are to be filled out by Contractor and returned with the
Agreement documents:
(EXHIBITS BELOW ARE ALSO PROVIDED IN THE SECTION OF BID DOCUMENTS
TO BE RETURNED)
Exhibit 1 — Suspension and Debarment Certification
Exhibit 2 — Lobbying Certification
Exhibit 3 — Buy America Compliance
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EXHIBIT 1
SUSPENSION AND DEBARMENT CERTIFICATION
CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Participant (applicant for an FTA grant or cooperative agreement, or
Potential Contractor for a major third party contract), certifies to the best of its
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction,- violation of Federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or
potential third party contractor) is unable to certify to any of the statements in this
certification, the participant shall attach an explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR
COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR
THIRD PARTY CONTRACT), CERTIFIES
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ.
ARE APPLICABLE THERETO.
Signature of Contractor's Authorized Official Date
Typed Name and Title of Contractor's Authorized Official
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EXHIBIT 2
LOBBYING CERTIFICATION
As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR
20.110, 1 certify to the best of my knowledge and belief that for each application for
federal assistance exceeding $100,000: (1) No Federal appropriated funds have been
or will be paid, by or on behalf of , to any person for
influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress pertaining to the award of any Federal assistance, or the extension,
continuation, renewal, amendment, or modification of any Federal assistance
agreement; and (2) If any funds other than Federal appropriated funds have been or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any application to FTA for
Federal assistance, I assure that Standard Form-LLL, "Disclosure Form to Report
Lobbying," would be submitted and would include all information required by the form's
instructions.
I understand that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing
Federal assistance for a transaction covered by 31 U.S.C. 1352. 1 also understand that
any person who fails to file a required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each failure.
Signature & Title of Authorized Official
Date
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EXHIBIT 3
BUY AMERICA COMPLIANCE
Certification of Buy America Compliance for Procurement of steel, iron, or
manufactured products (49 USC Section 53236)(1)).
The bidder hereby certifies that it will meet the requirements of 49 USC Section
53230)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982, as
amended, and the applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Certification of Buy America Non-Compliance for Procurement of steel, iron, or
manufactured products (40 USC Section 53236)(1)).
The bidder hereby certifies that it cannot comply with the requirements of 40 USC
Section 53230)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982,
as amended, but it may qualify for an exception to the requirement pursuant to Section
165(b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended,
and the applicable regulations in 49 CFR Part 661.7.
Date
Signature
Company Name
Title
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TECHNICAL SPECIFICATIONS
For the Construction of Security/Retaining Wall at 300 High Street, Moorpark,
California
If any conditions of the technical specifications, conflict with the Special Specifications —
FTA requirements for FTA funded projects, then the Special Specifications shall control.
1. Construct security/retaining wall as per drawings signed/dated February 1, 2011
by CVE Engineering, Inc., (3 sheets). Special Inspections will be required as a part of
this project. Special Inspection requests should be coordinated with the City's project
representative. Please submit special inspection requests 72 hours prior to the day you
will need the inspection.
2. The City has procured the necessary permits to construct this work. Contractor
will be required to pull the permit from Building and Safety using their contractor license
number.
3. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all demolition 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&DMMP) 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 C&D 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.
Please contact the Solid Waste Division at 805-517-6247 with questions about the C&D
ordinance or about how to obtain the forms and documentation requirements.
If your project does not meet these valuation limits, you should still be aware that
the City of Moorpark has franchise waste haulers, which must be used to dispose of waste
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from the project site. If you would like to self-haul your waste you must use proper hauling
vehicles and bins owned by your company and driven by your employees. Any contractors
in violation of this rule, may be fined or cited.
4. Prior to commencing any demolition work, the Contractor shall contact
"Dig Alert" and all servinq utilities and make all arrangements necessary to
insure that all utilities are properly located before work has begun.
5. Working Hours: Except 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.
Any overtime for construction survey, geotechnical/testing services, and
inspection by City representatives, 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:
• January 1st (New Year's Day)
• 3rd Monday in January (Martin Luther King, Jr. Day)
• 3rd Monday in February (President's Day)
• Last Friday in March (Cesar Chavez Day)
Last Monday in May (Memorial Day)
• July 4th (Independence Day)
1 st Monday in September (Labor Day)
• November 11 th (Veteran's Day)
• Last Thursday in November (Thanksgiving Day)
Last Friday in November (Day after Thanksgiving)
• 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.
6. Verify that areas to remain unaltered adjacent to areas of work are completely
secured and properly barricaded to ensure separation of such operations with anybody
other than who is authorized to be in construction area before beginning such work.
Provide barricades and maintenance thereof, in accordance with applicable Federal,
State and local codes and their respective requirements. Install temporary barricades,
enclosures and protections before construction work is started.
7. The project site will require the Contractor to park equipment and conduct
construction within the ingress/egress traffic of the South Metrolink parking lot property.
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This may necessitate that traffic controls be placed in service by the Contractor.
Contractor needs to contact the transportation division of the City of Moorpark to
coordinate those portions of the work that will disrupt the flow of the ingress/egress
traffic. The transportation division can be reached at (805) 517-6257.
8. During construction, take all precautions necessary to mitigate blowing dust and
dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt
migration. This is particularly important at this site, due to it's proximity to residential
properties and the railroad station and the potential for blowing dust to impact these
properties. Contractor must comply with governing regulations and County Air Pollution
Control District pertaining to environmental protection. Do not use water when it may
create hazardous or objectionable conditions such as flooding and pollution. Do not
allow trash and material to accumulate on site, have debris hauled off at regular
intervals using appropriate City Franchise waste hauler. (See item 3.)
9. Perform construction exercising proper care to prevent injury to the public,
workmen and adjoining property. Repair or replace existing work which is damaged by
these operations. Return elements of construction and surfaces to conditions that
existed prior to the start of operations. Repair adjacent construction or surfaces soiled
or damaged by work.
10. Limit operations to the immediate property on which the work is to be performed,
do not infringe upon the adjoining roads or rights-of-way. Keep all access routes and
adjoining roads and rights-of-way clean at all times. The tracking of mud, dirt or any
other debris onto the adjacent and surrounding roads will not be permitted at any time. If
there is debris tracked onto roads, at no time will the use of water be an acceptable
clean-up method.
11. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
12. No blasting will be permitted and burning of rubbish at the site is not allowed.
13. Site and surrounding areas to be left clean and free of any trash or other
unsuitable materials.
14. Except as otherwise specified, in the event the contractor encounters on the
project site material reasonably believed to be Asbestos, Polychlorinated biphenyl
(PCB) or other hazardous materials, contractor shall immediately stop work in the
effected area and report the condition to the City's Representative in writing.
15. Submit schedule for approval by the City's Representative indicating
proposed methods and sequence of operations for work.
16. Contractor will provide a competent English-speaking Superintendent to oversee
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the complete project. The Superintendent shall be present at all times work is being
performed. The Superintendent shall have the authority to bind Contractor through
Superintendents acts. The Superintendent shall represent the Contractor;
communications given to the Superintendent shall be binding on the Contractor.
17. Contractor will be responsible for the security of the site. Contractor shall be
responsible for all damages to persons or property that occur as a result of its fault or
negligence in the performance of this contract and shall be responsible for the
protection of the project site until final acceptance by the City. Contractor shall take all
necessary precautions for the safety of workers on the project and shall comply with all
applicable federal, state, local and other safety laws, standards, orders, rules,
regulations, and building codes to prevent accidents or injury to persons on, about, or
adjacent to the premises where work is being performed and to provide a safe and
healthful place of employment.
18. Contactor will be responsible to include appropriate construction site Best
Management Practices to comply with applicable storm water and urban runoff permits,
regulations, codes or laws.
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Metrolink Security/Retaining Wall
Specification No. MPK 11-01
Bid Clarification Notice
Attachments provided for bidder's use for additional specification clarifications:
• Diagram depicting approved construction staging area for work/materials storage
(Note: contractor to provide temporary fencing to secure staging area; parking lot
pavement may not be penetrated to install temporary fence)
• Survey grade stake cut sheet prepared by CVE Engineering dated March 25,
2011 (Note: contractor is responsible to include removal of any encroachments
within contractors bid price)
• Survey grade stake hub grade cut sheet prepared by CVE Engineering dated
March 25, 2011
• Geotechnical Report Update titled New Property Line Retaining Walls, prepared
by Pacific Materials Laboratory dated January 26, 2011
• Geotechnical Exploration Report titled Six (6) New Light/Digital Camera Poles,
Moorpark Metrolink Parking Area dated February 12, 2007 (for reference only)
Answers to Contractor Questions posed at Job Walk:
Q: What is the number of working days or construction duration?
A: Page 5 of 88 of the Bid Manual, Instructions to Bidders, states: "Construction of
Project must be completed by June 30, 2011; and Page 87 of 88 of the Bid
Manual, Technical Specifications, Item 15 states: "Submit schedule for approval
by the City's Representative indicating proposed methods and sequence of
operations for work." Contractor will schedule their work to complete the
construction project by the date indicated.
Q: The Construction Plan calls for Special Inspections; who will cover this cost?
A: The City will contract with and pay for Geotechnical and Special Inspections as
required per the Construction Plans.
Q: Page 38 of 88 of the Bid Manual, Insurance Requirements, states that Contractor
must provide Professional Liability coverage for Architects and Engineers on this
project through Contractor. Will this be required as Contractor has no control
over work of any Architects or Engineers working on this project?
A: This is City Standard Contract Insurance language and would apply in a
design/build project scenario.
Q: What about export or import of soil? Footing excavations will need to be hauled
off?
A: Page 2 of 3 of Plan Set, Note 13 states that all import or export necessary to
achieve fine grade, as shown on the Plan, is the responsibility of the Contractor.
Metrolink Security Wall, Bid Clarification Notice Pagel of 39
224
Q: Is high-lift grouting allowed?
A: No high-lift grouting will be permitted.
Q: Is the wall to be painted and what are the specifications?
A: Page 2 of 3 of Plan Set, Note 14(d) states "North facing Wall shall be painted
with white primer mixed with brown color code 384-180-288-212 (City of
Moorpark to provide more details)"
Additional information per City of Moorpark, Public Works: for 5 gallons the color,
add for the number 180 is 6, for 288 is 5, and for 212 is 0.
Q: What are the temporary fencing requirements?
A: Page 86 of 88 of the Bid Manual, Technical Specifications, Item 6 states:
"Verify that areas to remain unaltered adjacent to areas of work are completely
secured and properly barricaded to ensure separation of such operations with
anybody other than who is authorized to be in construction area before beginning
such work. Provide barricades and maintenance thereof, in accordance with
applicable Federal, State and local codes and their respective requirements.
Install temporary barricades, enclosures and protections before construction
work is started."
Temporary fencing shall be installed by Contractor behind their work area to the
north of the property line. The property line has been staked at seven foot (7')
offsets. The work area is to be properly secured at the end of each working day
to in a manner to prevent the public from accessing the work area, and meeting
applicable safety standards.
Q: What are the traffic control requirements?
A: Page 86-87 of 88 of the Bid Manual, Technical Specifications, Item 6 states:
The project site will require the Contractor to park equipment and conduct
construction within the ingress/egress traffic of the South Metrolink parking lot
property. This may necessitate that traffic controls be placed in service by the
Contractor. Contractor needs to contact the transportation division of the City of
Moorpark to coordinate those portions of the work that will disrupt the flow of the
ingress/egress traffic. The transportation division can be reached at (805) 517-
6257.
The Contractor is responsible to coordinate Contractors proposed methods of
traffic control with the transportation division to minimize disruption to ingress and
egress of traffic using the Metrolink parking lot, especially during peak morning
and afternoon travel times.
Q: Are rebar caps required during construction?
A: Page 2 of 3 of Plan Set, General Notes, Item 5, states: The Contractor shall
comply with all applicable Division of Industrial Relations (CAL-OSHA) Safety
Standards, in accordance with Section 7-10.4 of the SSPWC.
Metrolink Security Wall, Bid Clarification Notice Page 2 of 39
225
Answers to Contractor Questions submitted via email:
Q: Request for Information, Pacific Construction Company, Inc.
How much are the permit fees for this project?
A: Page 85 of 88 of the Bid Manual, Technical Specifications, Item 2 states:
The City has procured all of the necessary permits to construct this work.
Contractor will be required to pull the permit from Building and Safety using their
contractor license number. This supersedes the language on Page 54 of 88
within the General Conditions to the Contract for Construction, Article 3.8,
Permits, Fees and Notices, Item 3.8.1, stating that the contractor shall pay for all
necessary permits.
As stated at the pre-bid walk, no Metrolink permits are required.
Q: Request for Information, JEC, Inc.
Sheet 3 of 3 "middle of site" plan shows a jog in the wall. Is this correct? If so,
what are the dimensions and the connection details?
A: Sheet 3 of 3 does depict a jog in the wall at the connection to the existing block
wall. At the east end of the new wall, the jog dimension is an 18" return from
face of new wall to face of existing wall with a pre-molded expansion joint with
caulking between the two walls.
Q: Request for Information, Falcon Builders, via insurance agent, regarding required
insurance coverages.
1. XCU (explosion, collapse, underground hazard) cannot be included;
2. Pollution Liability cannot be included;
3. We cannot remove the Contractual Liability exclusion
4. In lieu of the CG2010 11/85, we can issue a CG2010 07/04 and CG2037
07/04 for completed ops
A: The bid documents issued specifically stipulated the required insurance
coverages and limits necessary for an award of contract to the lowest
responsible and responsive bidder to perform the construction work for the
project. The insurance coverages you listed and are seeking to exclude or
substitute are not in compliance with the bid requirements and can not be
approved.
General Note:
City will contact adjacent property owners to advise them of construction work and the
removal of improvements encroaching on City property.
Bidders are to sign Bid Clarification Notice to and fax back to (805) 517-2530.
[Signatures to follow on next page]
Metrolink Security Wall, Bid Clarification Notice Page 3 of 39
226
Acknowledgement:
Company Name Bidders Signature
Print Name
Metrolink Security Wall, Bid Clarification Notice Page 4 of 39
227
Attachment 1
Metrolink South Parking Lot
Staging Area
MM�
CLNK FENCE
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_40'x 40'
PLAN 01 01 01 QI
N
00 Metrolink Security Wall Bid Clarification Notice Page 5 of 39
JOB
CVE Engineering, Inc. SHEET NO. OF
P.O. Box 7208, Thousand Oaks, CA 91360 CALCULATED BY DATE
(805) 496-2282 e-mail: cve@verizon.net CHECKED BY -ATE-
SCALE-7
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,,f,-AfAEW4A,,05.ecurity Wall Bid Clarification Notice Page 6 of 39 229
t
CVE Engineering, W. DATE:
P.O. Box 7208 CVE JOB#: 2 3
Thousand Oaks, CA 91359 STAKE DATE:
(805) 496-2282 ♦ (805) 496-1653 fax ♦ cve q e.net CREW: —R,?
CONTRACTORS ATTENTION
THE CONTRACTORS ARE CAUTIONED TO OBSERVE THE FOLLOWING RULE IN USING THE GRADE
STAKES GIVEN BY THIS OFFICE. THREE CONSECUTIVE POINTS THAT ARE SHOWN TO BE ON THE SAME
HORIZONTAL PLANE OR RATE OF SLOPE MUST BE USED IN COMMON IN ORDER THAT ANY VARIATION
OUT OF A PERFECT STRAIGHT LINE OR GRADE MAY BE DETECTED. IF ANY SUCH DESCREPANCY IS
FOUND, THE SAME MUST BE REPORTED. OTHERWISE, THIS OFFICE WILL NOT BE RESPONSIBLE FOR
ANY ERROR IN THE LINE OR GRADE OF THE FINISHED WORK.
Point Station Offset Hub Grade Grade Cut Fill Remarks
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Page / of /
Metrolink Security Wall Bid Clarification Notice Page 7 of 39 230
"We Test the Earth"
PACIFIC MATERIALS LABORATORY, INC, l
January 26, 2011
Lab No. 34352-3
File No. 11-7964-3
City of Moorpark
c/o Ms. Jessica Sandifer
799 Moorpark Ave.
Moorpark, CA 93021
SUBJECT: Geotechnical Update Report
New Property Line Retaining Walls
Metrolink Station Retaining Wall
300 High Street, Moorpark, California
REFERENCE: Plan Check No.-MP 2678, 300 High Street, Moorpark,CA
Pacific Materials Laboratory, Inc. Geotechnical Exploration Report dated 2/12/07,Lab No.32909-3
Dear Ms. Sandifer:
Pursuant to your request and authorization, Pacific Materials Laboratory, Inc. has updated the referenced
geotechnical exploration report relative to planned property line retaining wall improvements to the
Moorpark Metrolink Station located at 300 High Street, City of Moorpark, CA. In preparation of this report
the following scope of work was performed:
SCOPE OF WORK
1) A review of the referenced Pacific Materials Laboratory, Inc. Geotechnical Exploration Report
was performed relative to retaining wall design content.
2) A site visit by the undersigned geotechnical engineer was performed to observe the current
improvement area relative to existing geotechnical conditions.
3) A review of the current Metrolink South wall extension plans prepared by CVE Engineering, Inc.
Sheets 1,2 and 3 was performed.
4) A review of CVE Engineering, Inc. structural calculations (Project 2010 3268 RIM dated
December 10, 2010 was performed relative to the planned property line three(3)foot high
retaining wall with a five(5)foot high garden wall.
5) Retaining wall and 2007 CBC lateral design criteria was updated.
6) Preparation of this report.
150 Wood Road,Suite B•Camarillo, CA 93010.Office(805)482-9801-Fax(805)445-6551 •Email:pacificmaterialslab@msn.com
Metrolink Security Wall Bid Clarification Notice Page 8 of 39 231
File No.11-7964-3 Lab No. 34352-3 Page 2
UPDATED RETAINING WALL DESIGN CRITERIA
RETAINING WALLS:
When possible, all retaining walls should be fully drained using one of the backdrain methods depicted on
"Retaining Wall Backdrain Details"included herein. If full height, full length effective drainage cannot be
provided, retaining structures should be designed for undrained conditions. Non-yielding, or at-rest
equivalent fluid pressures should be used as warranted by the structural setting, such as for basement
walls. Appropriate retaining wall design criteria is presented in Table-1 "Retaining Wall Design Criteria"
below for retaining walls supported via foundations extending a minimum of 12 inches into firm material.
Equivalent Fluid Pressure
Design
Condition
Level Backfill(b,g,h) Sloping Backfill(f&h) Coefficient of Allowable
Sliding Bearing
Friction Capacity p)
Drained(d) Undrained(e) Drained(d) Undrained(.) (Psf)
Active(a)(pcf) 30 65 48 86 0.43 1500
At-Rest�c)(pd) 85 105 116 120 0.43 1500
Passivep)(psn) 377 377 100 100
TABLE-1 "Retaining Wall Design Criteria"
Table Notes:
a. Yielding cantilevered engineered retaining wall design.
b. Level cohesionless compacted(90%)backfill with a sand equivalent>30 and an expansion index=0
c. Non-yielding and/or restrained engineered retaining wall design.
d. A drained condition requires a continuous 4"diameter perforated pipe for runs up to 150'long and a 6"diameter pipe for
runs up to 500'long be placed(perforations down)along the intersection of the retaining wall footing and stem prior to
placing backfill. The drain shall be placed to achieve a minimum positive flow gradient of I%normal to the run of the wall.
The retaining wall backdrain system shall comply with one of the methods prescribed on"Retaining Wall Backdrain Details"
included herein.
e. Undrained cohesionless backfill design values take into account water accumulation in the backfill.
f. Sloping cohesionless backfill up to a maximum 2:1 slope repose. Appropriate lateral pressure for steeper sloping surcharge
and/or geologic conditions provided by Pacific Materials Laboratory,Inc.specific geotechnical conditions review.
g. Wall backfill shall conform with options 1,2,3A or 36 as depicted on"Retaining Wall Backdrain Details'%Sand backfill
shall consist of clean sand conforming to SSPWC 300-3.5.2"Pervious Ball". Native soil backfill should be placed in lifts
of 6 inches or less and mechanically compacted at optimum moisture content to 90%relative compaction. See"Retaink
Wall Backdrain D�ail "for more detail.
h. All retaining wall footing excavations,drains,materials and backfill activities should be observed,tested and approved by
Park Materials Laboratory,Inc.during the construction process.
1. Retaining wall footings should extend not less than 12"below the lowest adjacent ground surface,to the minimum depth
required to satisfy foundation depths based upon the CBC Expansion Index(fable-19A)or to the depth required to satisfy
CBC setback requirements(CBC Figure 18-1.2),whichever is greater.
J. When combining the total lateral resistant forces of friction,passive pressure and/or mechanical anchorage the passive
pressure shall be reduced by one-third. In addition,lateral resistance should gf(be applied when the designer is assured
that the soil In contact with the embedded structure will remain in contact and provide resistance at all times.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 9 of 39 232
f �
1
Fite No.11-7964-3 Lab No. 34352-3 Page 3
Option 1:Gravel Wrapped in Filter Fabric
Appropriately sized V-Ditch
with min.2%Fall(typ) \ Sloping or
6'Minimum --- Level(typ.)
Freeboard(typ.) _r \�
6'-12'soil cover(typ.) /filter Fobrk r%Native Backfill
compacted to
314'to 1 112' o r min.of
Size Gravel Wrapped a a m relative
in filter Fabric compaction(ryp.)
Weep Hole
(typ.) 4'Dia.
_- Perforated; Embankment Backcut
J-"--'---"
Pip a No Steeper Than Allowed
Level orr>"s(" --- - 4 1 per Soils Engineer(typ.)
ryp
Sloping( .) 1,
- 12'Min.Min.(typ.)
Proper Outlet(s)Should be
Provided for all Gravel and
Pipe Backdrain
See Notes Below for Detail
Option 2:Geotextile Backdrain Option 3A&38:Clean Sand 0"011
Fabric Flap Miradrain 6000 or Compacted Native Mlrofi ZION Filter
Behind Core J Oroln I00 or non- 8ackfill fabric cover
mechanically for - _ Clean sand backfill having
anchored to waterproofed wags; - sand equivalent of 30 or
back of Mira- _ Mlradra/n 6100 or 1 _ _ __ _ greater and an fl-0 may
drain with min. -L--F.brk- - Drain 200 for water- be densifl byje�B
proofed walls or Waterpraofing
12'lap Membrane /O 1
Waterproof)nB equlYaknt (Optioea0 4'Din.or 6'Ola.Smooth Wall
Membrane Cot/Ipacted H Perforated Pipe surrounded by
(Optlona0 Ndtive(ladfill Ic(r/ftof314'toll/1•Grovel
I Wrapped in Mirafi 140N Filter
4'Olo.or 6'Ola. Fabrk(see notes for oudet)
Perforated Pipe - - • _—Option 38furroundedby min.of -----_- ___ 4'diameter flexible,plastic
a- I c(r/ft 314 ►112• ..-�t+ , ' corrugated perforated pipe
Gravel#Had to not �`�_ wrapped in filter fabric(this
- —�,less than a min.of _ option should not be used for
4'above weep 2'but not less non-corrugated,smooth pipes
holes wrapped in FJlter than H/2 because fine-grained soils
Fabrk may accumulate at the
perforated holes and reduce
the flow of water Into the pipe)
Notes.'
-pipe should conform to ASTM D1527 Arryi mitrile Butedlene Styrene(ABS)SOR35 or ASTM D1785 Polyvinyl Chloride plastic(PVC,Schedule
40,Arnica A2000 PVG or approved equivalent Pipe should be installed perforations down.
filter fabric should be Mirafl I40N,140NS,Supac 4NP,Amoco 4545,Trevlre 1114,or approved equivalent. All lops shall be a min.of 24'
-All drain piping should positively drain tie not less than I percent
Outlets for gravel heddralns should connect to solid 4'dlameter pipe. Proper sealing should be provided at the pipe insertion
enabling water to run from the gravel portion Into rather than outside the pipe.
-Waterproofing membrane may be required for task specific retaining wall such as a stucco or basement wall.
-Ntepholes should be 2'minimum diameter and provided at 15'centers throughout the length of the wall. Caution:weep hole cores ihould be
constructed be fore filter fabric placement behind the wait. When exposure Is permitted,weephole should be located at-3'above finished gra&
if exposure does not permit(such as for a wag adjacent to a sidewalk/curb),o pipe under the sidewalk to discharge through the curb face or
equivalent should be provided, Open vertical masomyjolnts 0.e.,omit mortar from joints of first course above finished grade)may not be
substituted for weepholes. Screening such as a filter fabric should be provided behind for weepholes to prevent earth materials from piping out
Retaining Wall Backdrain Details
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 10 of 39 233
File No. 11-7964-3 Lab No.34352-3 Page 4
UPDATED LATERAL DESIGN CRITERIA
LATERAL BUILDING DESIGN LOADS
As required by Section 1613 of the 2007 CBC"...Every structure and portion thereof, including
nonstructural components that are permanently attached to structures and their supports and
attachments, shall be designed and constructed to resist the effects of earthquake motions in accordance
with ASCE 7..."
Accordingly, based upon the results of subsurface exploration(s)conducted by Pacific Materials
Laboratory, Inc. to date, the ASCE 7 compliant geotechnical lateral design criteria included in Table-
below has been assigned to the subject project for use in lateral design by the project structural engineer.
SEISMIC DESIGN CATEGORY D CBC SECTION 1613.5.6
SITE CLASS D CBC TABLE 1613.5.2
S, 1.808 CBC FIGURE 1613.5(3)
S, 0.712 CBC FIGURE 1613.5(4)
F. 1.0 CBC TABLE 1613.5.3(1)
F. 1.5 CBC FIGURE 1613.5.3(2)
SDS 1.205 2/3"S,x F.
Sol 0.702 213'S,x F.
To 0.117 0.Mo,/Sus
TS 0.583 SD,/SDS
TABLE- 2007 CBC SEISMIC DESIGN PARAMETERS
RETAINING WALL CONSTRUCTION OBSERVATION RECOMMENDATIONS
It is our understanding that a property line CMU combination retaining wall and property line fence is being
planned as part of the Moorpark Station-Metrolink improvements. Minor onsite excavation and
preparatory rough grading activity is anticipated in preparation of a geotechnically retaining wall foundation
area.
The following recommendations are based solely upon the afore described mode of construction. The
project site, rough grading, foundation and landscape plans should be submitted to Pacific Materials
Laboratory, Inc., for geotechnical content review and written comment prior to construction. Any proposed
changes in construction mode should also be reviewed by Pacific Materials Laboratory, Inc., and as
required, recommendations modified in writing prior to construction.
1) All existing trees and/or large shrubs(if any)residing within the limits of the proposed grading
activity should be removed and careful attention should be given to completely removing all root
structures. Once cleared the cavity should be observed and approved by a representative of
Pack Materials Laboratory, Inc. When approved, the areas should be scarified an additional 6
inches in depth, uniformly brought to optimum moisture content and compacted to 9Q%relative
compaction.
2) Existing surface soils underlying the proposed retaining wall footing appear to be variably
compact, to prevent significant differential movement native soils should be structurally treated for
long-term support of the retaining wall system. Treatment should include excavation to
recommend footing depths plus an additional 12" in depth. The exposed soils should then be
scarified a minimum of 6 inches in depth, uniformly brought to near optimum moisture content and
compacted to a minimum of 90%relative compaction. The removed soils should then be
replaced structurally up to finished footing elevations in 2"to 3"lifts, at near optimum moisture
content and compacted to a minimum of 90%relative compaction. Removals maybe limited to
the footing width. The footing over-excavation and recompaction process should be observed
and tested for compliance during construction by Pacific Materials Laboratory, Inc.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 11 of 39 234
I
a
r
File No. 11-7964-3 Lab No.34352-3 Page 5
2
e
3) Actual site conditions may vary from conditions interpreted from this study. Therefore, the final
limits/recommendations pertaining to the rough grading activity will be determined by a
representative of Pacific Materials Laboratory, Inc. during grading progress.
4) Artificial fill (if any)should be placed in horizontal layers of less than 2"to 3" inch lifts, brought to
near optimum moisture content and uniformly compacted to a minimum of 90% relative
compaction prior to placing the next lift of artificial fill.
5) The compaction standard should be performed in accordance with ASTM D1557 method of
compaction. Compaction tests should be performed in accordance with ASTM D1556(sandcone
method)or ASTM D3017 (nuclear method).
6) A careful search should be made for subsurface debris, abandoned utilities,water wells, septic
tanks, etc., during the grading activity. All subsurface structures encountered should be brought
to the attention of Pacific Materials Laboratory, Inc., for final disposition.
7) Temporary excavations without adjacent surcharge may be excavated assuming 0.5(H):1(V)
repose to a maximum height of 5'. Portions of temporary excavations exceeding 5' in height
should be laid back at a maximum repose of 1(H):I(V). Vertical excavations are not considered
appropriate. Steeper temporary backcut repose may be provided by employing an engineered
shoring system designed to conform to geotechnical criteria contained in the Soils Exploration
Report. Temporary excavations adjacent to existing surcharge locations,foundations or
hardscapes should not be made until adjacent structures have been structurally supported
by an engineered system.
8) Retaining wall backfill should consist of cohlesionless free draining, low sulfate material and
should be placed in lifts of 3"to 6"or less at near optimum moisture content and mechanically
compacted to not less than 90%relative compaction. This process should be repeated until
backfill has been placed up to finished grade. All retaining wall drainage elements and backfill
should be periodically observed and randomly tested for compliance by Pack Materials
Laboratory, Inc. during the backfill activity.
9) Should import material be needed to complete planned rough grading activities,the materials
should be prescreended by Pacific Materials Laboratory, Inc. prior to import to the subject
property. Prescreening of import materials should conclude the material is of similar soil type(s)
and expansion index(es)to the onsite soils.
Please Note: In order to provide timely prescreening of import materials initially only
limited soil mechanics testing will be performed. Additional comprehensive testing and
analysis will be performed on representative samples of import soils and/or blends after
they have been delivered,placed and compacted on the subject project. Accordingly,
Pacific Materials Laboratory,Inc. reserves the right to modify foundation design
recommendations based upon "as-constructed"conditions.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 12 of 39 235
File No.11-7964-3 Lab No.34352-3 Page 6
DRAINAGE SYSTEMS
1 The minimum provisions of the 2007 Edition of the California Building Code(CBC), Division I,
Sections 1804.7, 1806.5.5 and Division II, Sections 1812.1 and 1812.2 should be incorporated
into plans and construction unless superseded by information contained in this section.
2 Positive drainage should be established during construction. This is especially important when
construction takes place during the rainy season.
3 Where practical, landscape planters should be eliminated immediate to foundation systems. All
landscape areas should be designed to positively drain a minimum of 2%away from the retaining
wall system and ultimately toward the street or other approved drainage area. All landscaping
should drain away from all primary and/or secondary structures.
4 Positive drainage is defined as:
• Not less than 4%extending a minimum distance of 6 feet away from all foundations
systems where landscaping is immediate to the structure.
• Hardscape or drive areas immediate to foundation systems drained by sheet flow and/or
earthen swale(without deck drains)should provide a minimum of 2% positive drainage
extending a minimum distance of 6 feet away from all foundation systems along with
maintaining a minimum 2% positive drainage gradient to the street or other approved
drainage discharge area.
• Hardscape or drives employing redundant deck drains may be planned at a minimum 1%
positive drainage gradient away from foundation systems, provided deck drain flow line
maintain a minimum 2%gradient and the number and size of the deck drains provided
are more than adequate to prevent ponding during severe weather.
PLAN REVIEW AND INSPECTIONS
Geotechnical Review:
While Pacific Materials Laboratory, Inc. makes every effort to anticipate needs, often times it is necessary
to respond to specific issues based upon building official geotechnical reviews of development plans and
geotechnical reports. Preparation of follow-up geotechnical response reports"are not normally included
within the scope of our contracted works or agreement'. The cost associated with follow-up geotechnical
report(s)will be based upon our current Schedule of Laboratory Fees. Normally responses include
registered engineers,staff engineers and clerical hour(s). However, in some cases additional laboratory
and/or field testing may be required. Please feel free to contact our office if necessary for details.
Additional geotechnical services are also normally associated with the final review of plans as well as the
construction phase of development. The costs associated with these services are not included within the
scope of contracted services. Here again, all additional services will be invoiced in accordance with our
laboratory schedule fees. Following is a listing of recommended follow-up geotechnical issues.
❑ Complete sets of final grading, site, foundation and landscape plans should be submitted
to Pack Materials Laboratory, Inc. for geotechnical content review and written comment.
Pacific Materials Laboratory, Inc. reserves the right to recommend plan changes and to
provide additional recommendations at that time if warranted by the review(s).
❑ At a minimum, a representative of Pacific Materials Laboratory, Inc. should be requested
to observe the following phases of construction. Pacific Materials Laboratory, Inc.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 13 of 39 236
File No. 11-7964-3 Lab No.34352-3 Page 7
reserves the right to modify(increase or decrease)the scope of observations and testing
as conditions dictate. Pacific Materials Laboratory, Inc. further reserves the right to
modify geotechnical recommendations commensurate with the new information, facts,
observations or findings as conditions mandate. Supplemental geotechnical
recommendations may prove warranted based upon exposure and interpretation of actual
conditions during grading activities.
• Tree and large shrub removal (if any)
• Verify vegetation and debris removal (if any)
• Provide grading observation and periodic random compaction testing during the rough
grading process
• Foundation excavation
• Critical drainage system construction observation
• Periodic observation and random compaction testing of retaining wall backfill
• Finished surface drainage observation
❑ Foundation excavation observations should be made prior to placing reinforcing steel,
forms or concrete. It is the responsibility of the owner or the owners representative to
coordinate construction timing and to notify Pacific Materials Laboratory, Inc. a minimum
of 48 hours in advance of the start of or of required observations and testing. Failure to
coordinate geotechnical observations and follow-up testing services at the proper
construction sequence could result in increased testing costs, construction delays or both.
CLOSURE
As discussed herein,this report is issued and made for the sole use and benefit of the client. Pacific
Materials Laboratory, Inc. affirms that contents of this report remain applicable for a period of not greater
than 12 months from the date of this report. Reports more than 12 months old require written
supplemental updating by Pacific Materials Laboratory, Inc. to compliment prevailing specifications,
building codes and standards of practice.
This report concludes the current contracted agreement between Pacific Materials Laboratory, Inc. and
the client. The recommendations contained herein are based upon the assumption that Pacific Materials
Laboratory, Inc.will be requested to provide the necessary testing and observation services which are
recommended during rough grading, fine grading and construction. Additional services and associated
fees will be necessary to verify the actual soil conditions encountered and to affirm that the plans and
construction are consistent with the intent of the recommendations provided herein
A current Schedule of Fees should have already been provided to you prior to the commencement of
current services. The Schedule of Fees will be the basis of all further invoices and will be fully itemized as
a service to you. If you have not received a current Schedule of Fees it is incumbent to request one at
your earliest convenience. If additional geotechnical services are performed by others, only the technical
correctness of the actual tests performed can be attested to. Should a separate geotechnical firm assume
this project, Pacific Materials Laboratory, Inc.will not be responsible for interpretations,opinions,
conclusions nor recommendations made by others with regard to fill selection, fill placement, compaction,
foundation,slab or hardscape support or any summary of findings, conclusion, recommendation or
opinion presented in this report.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 14 of 39 237
File No. 11-7964-3 Lab No.34352-3 Page 8
Thank you for allowing Pacific Materials Laboratory, Inc. to be of service. If we may be of further service
regarding this or other geotechnical issues, please do not hesitate to call(805)482-9801,fax(805)
445-6551 or write.
Respectfully Submitted,
PACIFIC MATERIALS LABORATORY, INC.
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PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 15 of 39 238
5
PACIFIC MATERIALS LABORATORY, INC.
i
i
i
GEOTECHNICAL EXPLORATION REPORT
f Six(6) New Light/Digital Camera Poles
Moorpark Metrolink Parking Area
300 High Street
Moorpark, CA
1 CLIENT
/ City of Moorpark
c/o Shaun Kroes
Management Analyst
799 Moorpark Avenue
Moorpark,CA 93021
February 12,2007
Lab No.32909-3
File No.07-7964-3
1
150 Wood Road,Suite B, Camarillo,CA 93010 Phone: (805)482-9801 Fax: (805)445-6551
E-mail: pacificmaterialsiab @ msn.com
Metrolink Security Wall Bid Clarification Notice Page 16 of 39 239
rim imu. vt-I uuYV "av w. v�ava-v . uyc
TABLE OF CONTENTS
Page No.
I. INTRODUCTION ....................................................................................•............ 3
II. SCOPE OF WORK.............................................................................................. 3
III. APPENDICES...................................................................................................... 3
IVVICINITY MAP..................................................................................................... 4
V. SUBSURFACE EXPLORATION.......................................................................... 5
VI. LIMITATIONS....................................................................................................... 6
VII. SUMMARY OF FINDINGS............................................I......................................
VIII. ROADWAY LIGHTING STANDARDS DESIGN ................................................... 7
IX. LATERAL BUILDING DESIGN ............................................................................. 8
X. SOILS CORROSIVE TEST SERIES.................................................................... 9
XI. DRAINAGE SYSTEMS......................................................................................... 10
XII. PLAN REVIEW AND INSPECTIONS ................................................................:.. 11
XIII. CLOSURE............................................................................................................. 12
ATTACHMENTS:
REFERENCES CITED
APPENDIX A: Site Sketch
APPENDIX B: Log of Borings
APPENDIX C: Fiekl/L.aboratory Test Data
1 APPENDIX D: Engineering Calculations
1
PACIFIC MATERIALS LABORATORY, INC.
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I-11V IYV.V/-!CPU-t-%) LdU NU. 04-VUU-O rage 3
I. INTRODUCTION
Pursuant to your request and authorization Pacific Materials Laboratory, Inc. has been completed a
supplemental geotechnical exploration in consideration of six(6)new Metrolink station digital security
lighting and camera poles spaced within the existing passenger parking area of the Moorpark,CA
Metrolink Station located at 300 High Street in the City of Moorpark, Ca. The existing parking areas
straddle both sides of High Street and are currently fully developed. Existing improvements include
asphalt concrete parking,drives, concrete walkways, planters, landscaping and Irrigation systems. The
light pole improvement zones are within relatively flat areas. Apparent regional drainage trending west to
southwest at 1-2%.
It is the purpose of this exploration to provide sufficient data concerning the characteristics of the soils in
the supporting soil mantle to enable a suitable foundation design intended to support the proposed lighting
poles. The scope of this exploration does not include analysis of existing cut or artificial fill slopes,
proposed cut slopes, geologic structures,or associated geologic features such as faults,fractures,
landslides,or potential geologic movement. This exploration was conducted in accordance with presently
accepted soils engineering procedures consistent with the scope of the proposed development,and no
warranty or uniformity of soil conditions between borings is implied.
II. SCOPE OF WORK
The scope of work performed in preparation of this report included:
• Excavation, logging and sampling of two(2)truck mounted hollow stem flight auger
borings
• Execution of programmed field and laboratory soil mechanics tests
❑ Review of data, synthesis,evaluation and preparation of this report
'See References Cited herein for a oomplete listing of referenoed reports.
111. APPENDICES
Appendix A: Site Sketch:A sketch of the subject building pad area was prepared based upon a client
supplied site plan. The plan was enhanced in the field based on visual observations and
limited measurements using a 100'cloth tape. The sketch is simplistic, however, it does
include applicable site configuration, approximate structure locations,test locations and
other pertinent information. The sketch is included as Enclosure A.
Appendix B: Log of Borings: Test borings were logged in the field. Laboratory test data were then
added. The profiles were then interpreted by a registered engineer, finalized and included
herein as Enclosures B-1 and B-2.
Appendix C: Field/Laboratory Test Data: Field and laboratory test data performed during this study
are included in this appendix. Test data include maximum density optimum moisture
determination,expansion index,relative compaction, graphically displayed insitu
consolidation, a graphical interpretation of direct shear testing sieve and hydrometer
analysis and soil corrosive series test data.
Appendix D: Engineering Calculations: Calculations provided herein include allowable shallow
footing bearing capacities,active and passive soil pressures and coefficient of friction
determination.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 18 of 39 241
I ,10 I\J. J.-,JJ---J Lou I\V. JLJVJ-J rdye 4
IV. VICINITY MAP
--1 To aid and simplify review of this report the subject property has been approximately located on a copy of
J a"Google Map"Map data 2007 NAVTEQT"'. The subject property is indicated by an arrow incorporating
the word"SITE'and pointing to the property.
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Figure-1:Vicinity Map
PACIFIC MATERIALS LABORATORY, INC.
Page 19 of 39 2 4 2
Metrolink Security Wall Bid Clarification Notice
i
V. SUBSURFACE EXPLORATION
The engineering properties of subsurface soils which are anticipated to be of primary influence to the
subject development were explored by a total of two(2)truck mounted helical auger borings excavated to
a maximum depth of 25 feet below the present ground surface. The drilling method employed is
consistent with ASTM D1452-80 procedures.
During excavation insitu and bulk soil samples were obtained at regular programmed intervals. The
purpose of sampling is for engineering identification and laboratory testing including but not necessarily
limited to:
• (ASTM D 2488) Description and identification of soils
(ASTM D 2487) Classification of soils for engineering purposes
• (ASTM D 1586) Penetration test and split-barrel sampling of soils
• (ASTM D 421) Dry preparation of soil samples
• (ASTM D 2216) Moisture content determination
• (ASTM D 1556) Density and unit weight(sandcone method)
• (ASTM D 1557) Laboratory compaction characteristics of soil
• (ASTM D 422) Mechanical and hydrometer analysis
(UBC Volume 3, Section 18-2) Expansion potential
• (CBC Table 18-1-B) Expansion classification
• (ASTM D 2435) One dimensional consolidation
• (ASTM D 3080) Direct shear test of soils
(EPA 300.0) Soluble sulfates In soils
• (CA 417) Soluble Sulfates
(CA 422) Soluble Chloride
• (CA 643) Resistivity
Soil samples referred herein as insitu,or undisturbed,were obtained in accordance with ASTM D3550
"Ring-Lined Barrel Sampling of Soils' The method uses a 140 pound, in hole sampfing hammer free
falling, using a mobile Safe-T-Driver wireline drum hoist fitted with a manual release. The hammer falls
30 inches on a 2.5" I.D.x 18"long split barrel sampler fitted with continuous internal brass liners.
Methods presently available for recovery of samples termed insitu,result in some degree of disturbance to
the insitu nature of the soil samples. The careful management of these samples,however, provide a
useful tool for engineering evaluation of subsurface soil performance. Additional sampling included
Standard Penetration Testis)SPT per 1999 ASTM D1586 to aid in determining insitu soil strength,
evaluation of the potential of site liquefaction and dynamic settlement. The sampler consists of an 18"
long, 1.5"I.D. diameter sampler,with liners,driven by the same 140 lb. hammer described.
Where they appear, blow counts from the 2.5"I.D.sampler were adjusted to equivalent Standard
Penetration Test(SP7)blow counts,employing procedures by Karol, R.H. (Soils and Soils Engineering,
Prentice Hall, 1964). The resulting factor for adjustment of the field obtained blow counts to NsPT
equivalent blow counts is-0.60. The adjusted blow count data from the 2.5"I.D.sampler as well as any
SPT blow counts(from an actual 1.5"I.D. SPT sampler)are each normalized and corrected in accordance
with the procedures included in'Liquefaction Resistance of Soils: Summary Report from the 1996 NCEER
and 1998 NCEER/NSF Workshop on Evaluation of Liquefaction Resistance of Soils, Journal of
Geotechnical and GeoEnvironmental Engineering dated April,2001 (Youd, T.L. &Idriss, 1.M.)employing
an energy ratio of 1.0. The field blow counts from the 2.5"I.D. samples are denoted on the boring logs as
Neq while the normalized SPT blow counts are denoted as Nspt.
1
PACIFIC MATERIALS LABORATORY, INC.
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VI. LIMITATIONS
The data findings and design recommendations provided herein are intended as an instrument of
professional service. The scope of work performed in preparation of this report is consistent with the
work prescribed by the client and included within Pacific Materials Laboratory, Inc. cost proposal and
agreement formally executed prior to the start of work on this report. Pacific Materials Laboratory, Inc,
authorizes use of this document as needed, by the client, his professional representatives or consultants
as necessary to further planning, development and construction of the specific project defined,and limited
to,the subject of this report. This document is the exclusive property of Pacrfuc Materials Laboratory, Inc.,
and is not to be used in whole or part for any other use except as defined herein without prior written
authorization by Pacific Materials Laboratory, Inc.
All building sites are subject to elements of risk which cannot be wholly identified and/or entirely
eliminated. Furthermore,building sites in Southern California are subject to many different types of
geotechnical hazard potentials including but not limited to the effects of water infiltration,erosion,
inappropriate drainage,static total settlement,static differential settlement, expansive soil movement,
chemical alteration,seismic shaking,seismic4nduced ground and slope deformation,seismiic4nduced
settlement,liquefaction,hydroconsolidation, mud flow,.and landsliding. Some, but not all the listed
potential geotechnical hazards may be evaluated within the scope of this report. Accordingly,the subject
project may be at risk from some geotechnical hazard as of yet not evaluated.
Acceptable long term performance is highly dependent on the property owner properly maintaining the site
(such as repair and maintenance of drainage facilities,slopes,etc.)and by immediately correcting any and
all deficiencies discovered throughout stewardship of the property. It is not possible to completely
eliminate all hazards or Inherent risks. Even with a thorough subsurface exploration and testing program,
significant insitu geotechnical variability and latent defects between test locations may exist. Latent
defects can be concealed by earth materials,deposition,geologic history and preexisting site
improvements. Such defects(if any),are beyond the scope of this evaluation. Accordingly,no warranty,
expressed or implied,is made or intended In connection with findings,data or recommendations included
in this report(or by any otirer oral or written statement)other than the services performed which were
provided within the limits prescribed by and agreed to by the client. Pac&Materials Laboratory, Inc.
warrants that the services performed in preparation of this report are consistent with the limits prescribed
by the client and with generally accepted thoroughness and competence of the geotechnical and
geological engineering profession.
The recommendations presented herein should be considered applicable for a period of not greater than
12 months from the date of this document. Reports older than 12 months should not be relied upon for
design and/or plan check without a currently dated(not greater than 12 months)site specific soils
engineering update report.
It is the responsibility of the client,or of his representative,to ensure that the information and geotechnical
recommendations provided herein are conveyed to the project architect(s), engineer(s),contractor(s)
and/or building officials-and that the intent and spirit of these geotechnical recommendations are
incorporated into plans and specifications,and that these recommendations are in turn properly
implemented in the field during construction.
Furthermore, it is the sole responsibility of the contractor(s)to employ all necessary safety procedures
during construction. Pacific Materials Laboratory, Inc. cannot be held responsible for the safety of other
than our own personnel on or immediate to the site. The contractors)should immediately notify the
owner in writing if he considers any of the recommended actions discussed herein to be unsafe. The
project contractor(s)should not start or continue any work or service that is considered to be at risk or
unsafe by any effected party.
PACIFIC MATERIALS LABORATORY, INC.
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rue no.ui-ice-s Lao No. UW9-3 Page 7
VII. SUMMARY OF FINDINGS
7.1 No free ground water was encountered during excavation of the test borings to a depth of 25 feet
below the present ground surface. The subsurface soils encountered ranged from damp to moist.
7.2 The near surface soils encountered are classified as nonexpansive gravelly silty sands(EI=3).
7.3 The results of consolidation tests indicate insitu near surface soils(0-5')are slighdy sensitive to
collapse when wetted(hydroconsolidation), but does not appear to pose a significant risk to the
planned improvements.
7.4 During the course of the subsurface exploration,zones containing varying amounts of existing
artificial fill soils were identified test boring(B-10-8.5 feet)no artificial fill was identified in test
boring B-2. The artificial fill encountered appeared moderately firm to very firm, relatively dense
and considered suitable to support the planned improvements.
7.5 Based upon subsurface soils engineering data obtained,tested and reviewed during this
exploration,the site Is considered suitable-without rough grading to support the planned
lighting Improvements when the pole foundations are geotechnically prepared as
recommended herein.
VIII. ROADWAY LIGHTING STANDARDS DESIGN
8.1 All lighting standards should be designed as isolated flagpole type footings employing
unconstrained pier footings(flag pole design)in accordance with the 2001 California Building
Code(CBC), Section 1806.8. All foundations and structural members should be designed by
a Califomia registered civil or structural engineer while,at a minimum, incorporating the following
design criteria.
a) All pier footings should be a minimum of 24"in diameter or larger as necessary by
structural evaluation.
b) Pier footings should be embedded to not less than 8'below the lowest(downslope)grade.
C) Allowable lateral design should be determined in accordance with the 2001 CBC, Section
1806.8.2.1 assuming a"noncaonsdained'condition where the allowable lateral soil bearing
pressure coefficient S1 of 377 Ibslsflft of embedment and a coefficient of Sliding=.43 is
used.
d) Vertical design should conform to the 2001 CBC Section 1806.8 where allowable
foundation pressure equals 1400 psf.
e) The Indicated values refer to total dead plus live load values for cast in place drilled
concrete piers. Values may be increased 113 when considering wind or seismic loads.
The weight of concrete footings may be ignored in evaluation.
f) All flagpole footings should be fully reinforced throughout their length per the minimum
seismic Zone IV requirements of the 2001 CBC.
g) The values presented are based upon lateral development. The compressive and tensile
structural capacities of the footings should be verified by structural design.
8.2 The final foundation plans and details should be submitted to Pacific Materials Laboratory, Inc. for
review and approval prior to the commencement of construction.
8.3 All footing excavations should be observed and approved by Pacific Materials Laboratory, Inc. .
I after excavation and prior to placing reinforcing steel or concrete.
PACIFIC MATERIALS LABORATORY, INC.
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8.4 Although not anticipated at this site pier excavations wherein free water is encountered(if any)
should be pumped and maintained in a drained condition until concrete has been placed. The
project contractor should provide protection,casing and/or shoring as necessary to assure the
excavations will remain open and of suitable dimension until concrete
IX. LATERAL BUILDING DESIGN
9.1 The subject site is located in an area subject to strong ground-shaking from earthquakes.
Although the subject report is limited in scope and does not include a thorough site specific
seismicity evaluation, numerous faults considered to be capable of producing significant seismic
shaking are located near the subject property. Designing the proposed structures to be
earthquake-proof is generally considered to be impractical owing to the cost limitations typically
associated with private projects. Significant damage to structures thus may be unavoidable
during large earthquakes. The proposed structures,with proper design, however should be
capable of resisting structural collapse and thereby provide reasonable protection from serious
injury,catastrophic property damage,and loss of life.
9.2 The proposed structure shall be designed at a minimum in accordance with design procedures set
forth In Sections 1626 through 1636 of the 2001 California Building Code(CBC). The 2001 CBC
prescribes procedures for earthquake resistant design which include considerations for seismic
zoning, site characteristics, occupancy,configuration,structural system and height. Table 1 -
CBC Minimum Earthquake Resistance Design Parameters herein is based on a review of site
conditions relative to seismic zones,soil profile type and the proximity of the site to qualified
potential seismic sources. The nearby Simi-Santa Rosa fault is considered to be the most
significant potential seismic sources controlling seismic design at the subject site. The set of
seismic parameters from Table 1 shall govern as the minimum CBC prescribed building lateral
design criteria. The minimum earthquake design procedures given by Sections 1626
through 1636 of the 2001 CBC are Intended to safeguard against major structural damage
and loss of life,not to limit damane or maintain function. Although these minimum
earthquake design procedures are commonly adopted by the industry these criteria may not be
adequate for certain structures. Furthermore,the minimum code design procedures may not
provide an acceptable level of protection against significant cosmetic damage and serious
economic loss. A significantly higher than code alknered lateral design(C,factor)parameter
consistent with high ground accelerations recorded during the January 17, 1994 Northridge
earthquake(i.e.0.60 to 1.0)would be necessary to further reduce the economic loss risk.
However, because these assigned parameters are much higher than those given in the California
Building Code structural engineers often regard them as impractical for use in structural design.
Ultimately,it is the responsibility of the project owner,working in conjunction with his
structural engineer,to decide'what level of project design(Le.project cost)and associated
risk are acceptable for use In design of the proposed structure. The use of lesser
earthquake design values may result In an increased risk of structural and cosmetic
damage.
The 2001 California Building Code(CBC)seismic coefficients for the project site are presented in Table 1
below.
Seismic Zone-Figure 16-2 4
Seismic Zone Factor Z -Table 16-1 0.40
Soil Profile Type-Table 16-J So
Seismic Coefficient C,-Table 16-Q 0.44N,
Seismic Coefficient C„-Table 16-R 0.64N,
Near Source Factor N.-Table 16-S 1.3
Near Source Factor N„-Table 16-T 1.6
} Seismic Source T -Table 16-U B
Table 1 -2001 CBC Seismic Coefficients
PACIFIC MATERIALS LABORATORY, INC.
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X. SOILS CORROSIVE TEST SERIES
Common chemicals found in soil,when combined with water,can lead to adverse chemical reactions
impacting hardened concrete, reinforcement and buried metallic piping overtime. Accordingly,a
preliminary series of chemical tests have been completed on the most common, near surface,soil type to
assess the threshold of corrosion risk at this site. The test results are included on Enclosure C herein.
As a practical matter each soil types in contact with hardened concrete and/or buried ferrous metal piping
should be tested for corrosive risk. A short discussion of each chemical test performed and its potential
impact on the subject project follows:
pH- Acidic water(such as acid rain-pH 4.0-4.5)are capable of etching concrete surfaces. Prolonged
contact with strong acids(such as found in some sons pH<4.0)warrant special concrete mix designs
and other precautions. Typically concrete with a low water to cement ratio(0.45-0.50)coupled with lean
cement content and low permeability are more resistant to acid attack.
SulfatesJS0.1 Chemical reaction between hydrated cement and sulfate ions commonly migrating from
exterior sources(such as sulfates carried by way of water and/or water vapor migration from sou into
hardened concrete)can produce expansive forces within hardened concrete. Over time this reaction
could result in a progressive loss of strength,progressive loss of concrete mass and ultimately in concrete
failure. As a result of this potential risk the California Building Code(CBC)recommends specialized
concrete mix designs to improve concrete performance when subject to sulfate attack:
CBC Table 19A-A-4 has been reprinted herein and should be applied to all concrete in contact with soil
and/or water. To be conservative it is suggested that all concrete be designed based assuming a"severe
sulfate exposure"regardless of the current sulfate risk level, indicated by Preliminary testing.
\ Water-Soluble Maximum Water- Minimum t'C,
Sulfate Cementitious Nonnai-weight
(SO4)In soil, materials ratio,by and Lightweight
percentage by welght,normal- Aggregrate
Sulfate Exposure weight Sulfate(SO4)In Wight.Aggregrate Concrete
water Concrete psi
ppm Cement Type x 0.00889 for Mpa
Negligible 0.00-.010 0-150 .
Moderate' 0.10-0.20 150-1,500 Il,IP(MS),Is 0.5 4,000
Severe 0.20-2.00 1,500-10,000 V 0.45 4 500
Very Severe I Over 2.00 Over 10,000 V plus pozzo6W 0.45 4,500
'A lower water-cementitious materials ratio or higher strength may be required for low permeability or for protection against
corrosion of embedded items or freezing and thawing(Table 19A-A-2).
2 Seawater
2 Pozzotan that has been determined by test or service record to improve sulfate resistance when used in concrete containing Type
V cement
Chlorides- Overtime a concentration of soluble chloride can adversely impact reinforcing steel,
prestressing cables or other ferrous materials embedded in concrete. When soluble chloride
concentrations of 15,000 ppm or more are found in water and/or soils special mitigation measures are
needed to better protect ferrous metals within the concrete.
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R si - Electrical resistivity is a common cause of deterioration of ferrous metals in contact with soil
(such as buried metal piping). Generally speaking all soils are,at the very least, mildly corrosive and as a
result will shorten the life of buried ferrous metal piping,fence posts,etc. Wherever possible plastic, PVC
or ABS piping should be employed to mitigate this risk.
If ferrous metal piping is employed mitigation is recommended when the soil resistivity is less than
10,000Ohm-Cm(a moderately corrosive condition). The following table has been provided as a general
guideline for use in determination of the soil resistivity risk.
Soil Resistivity, Ohm-Cm Corrosivity Category
0-1,000 Severely Corrosive
1,000-2,000 Corrosive
2,000-10,000 Moderately Corrosive
Over 10,000 Mildly Corrosive
Table 2:Soil Corrosion Potential
XI. DRAINAGE SYSTEMS
11.1 The minimum provisions of the 2001 Edition of the California Building Code(CBC), Division I,
Sections 1804.7, 1806.5.5 and Division II,Sections 1812.1'and 1812.2 should be incorporated
into plans and construction unless superseded by information contained in this section.
11.2 All primary and secondary structures should be fitted with gutters and downspouts which
discharge directly into solvent-welded water tight subsurface piping. Redundant use of catch
basins, yard drains with solvent welded,water tight piping should also be provided to capture
landscape/hardscape sheetflow or discharge water. All drainage piping should be discharged
directly to the street or other approved drainage discharge area.
11.3 Positive drainage should be established during construction. This is especially important when
construction takes place during the rainy season.
11.4 Where practical,landscape planters should be eliminated Immediate to foundation systems. All
landscape areas should be designed to positively drain a minimum of 2%to the street or other
approved drainage area. All landscaping should drain away from all primary and/or secondary
structures.
11.5 Positive drainage is defined as:
❑ Not less than 4%extending a minimum distance of 6 feet away from all foundations
systems where landscaping is immediate to the structure.
• Hardscape or drive areas immediate to foundation systems drained by sheet flow and/or
earthen swale(without deck drains)should provide a minimum of 2% positive drainage
extending a minimum distance of 6 feet away from all foundation systems along with
maintaining a minimum 2%positive drainage gradient to the street or other approved
drainage discharge area.
• Haddscape or drives employing redundant deck drains may be planned at a minimum 1%
positive drainage gradient away from foundation systems, provided deck drain How line
maintain a minimum 2%gradient and the number and size of the deck drains provided
4 are more than adequate to prevent ponding during severe weather.
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U. PLAN REVIEW AND INSPECTIONS
Geotechnical Review:
While Pacffic Materials Laboratory, Inc. makes every effort to anticipate needs,often times it is
necessary to respond to specific issues based upon building official geotechnical reviews of
development plans and geotechnical reports. Preparation of follow-up geotechnical response
reports"are not normally included within the same of our contracted works or agreemenC'. The
cost associated with follow-up geotechnical report(s)will be based upon our current Schedule of
Laboratory Fees. Normally responses include registered engineers, staff engineers and clerical
hour(s). However, in some cases additional laboratory and/or field testing may be required.
Please feel free to contact our office if necessary for details.
Additional geotechnical services are also normally associated with the final review of plans as
well as the construction ase of development: The costs associated with these services are Dot
included within the scope of contracted services. Here again,OR additional services will be
invoiced in accordance with our laboratory schedule fees. Following is a listing of recommended
follow-up geotechnical issues.
• Complete sets of final grading, site, foundation and landscape plans should be submitted
to Pacific Materials Laboratory, Inc.for geotechnical content review and written comment.
Pacific Materials Laboratory, Inc. reserves the right to recommend plan changes and to
provide additional recommendations at that time if warranted by the review(s).
• At a minimum,a representative of Padfrc Materials Laboratory, Inc. should be requested
to observe the following phases of construction. Pacific Materials Laboratory, Inc.
reserves the right to modify(increase or decrease)the scope of observations and testing
as conditions dilate. Pacific Materials Laboratory, Inc.further reserves the right to
modify geotechnical recommendations commensurate with the new information, facts,
l observations or findings as conditions mandate. Supplemental geotechnical
l recommendations may prove warranted based upon exposure and interpretation of actual
conditions during grading activities.
• Verify vegetation,asphalt concrete and debris removal
• Observe each light pole foundation excavation
• Periodic observation and random compaction testing of utility trench backfill(if any)
• Periodic observation and random compaction testing of-all structural section
preparation(subgrade, base and asphalt) (if any)
❑ Foundation excavation observations should be made prior to placing reinforcing steel,
forms or concrete. It is the responsibility of the owner or the owners representative to
coordinate construction timing and to notify Pacific Materials Laboratory, Inc. a minimum
of 48 hours in advance of the start of or of required observations and testing. Failure to
coordinate geotechnical observations and follow-up testing services at the proper
construction sequence could result in increased testing costs, construction delays or both.
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 26 of 39 249
File No. 07-7964-3 Lab No.32909-3 Page 12
XIII. CLOSURE
As discussed herein,this report is issued and made for the sole use and benefit of the client. Pacific
Materials Laboratory, Inc.affirms that contents of this report remain applicable for a period of not greater
than 12 months from the date of this report. Reports more than 12 months old require written
supplemental updating by Pacific Materials Laboratory, Inc. to compliment prevailing specifications,
building codes and standards of practice.
This report concludes the current contracted agreement between Pacific Materials Laboratory, Inc. and
the client. The recommendations contained herein are based upon the assumption that Pacific Materials
Laboratory, Inc.will be requested to provide the necessary testing and observation services which are
recommended during rough grading,fine grading and construction. Additional services and associated
fees will be necessary to verify the actual soil conditions encountered and to affirm that the plans and
construction are consistent with the intent of the recommendations provided herein
A current Schedule of Fees should have already been provided to you prior to the commencement of
current services. The Schedule of Fees will be the basis of as further invoices and will be fully itemized as
a service to you. If you have not received a current Schedule of Fees it is incumbent to request one at
your earliest convenience. if additional geotechnical services are performed by others,only the technical
mess of the actual tests performed can be attested to. Should a separate geotechnical firm assume
this project, Paclfrc Materials Laboratory, Inc.will not be responsible for interpretations, opinions,
conclusions nor recommendations made by others with regard to fill selection,fill placement,compaction,
foundation,slab or hardscape support or any summary of findings,conclusion, recommendation or
opinion presented in this report.
Thank you for allowing Pacific Materials Laboratory, Inc.to be of service. If we may be of further service
regarding this or other geotechnical issues, please do not hesitate to call(805)482-9801,fax(805)
l 445.6551 or write.
. l
Respectfully Submitted,
PACIFIC MATERIALS LABORATORY,INC.
L
DCP:ma ouglas Papay,GE
cc:Addressee(5) Presid
Attachments:
References Cited
Endosures A,B,C and D
1
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 27 of 39 250
rue NO. Ur-f9b4-J Lab NO. 3'L9U9-;J Page 13
REFERENCES CITED
1. ASTM-2001 Annual Book of ASTM Standards,Section 4,Volume 04.08 "Soil and Rock"
2. International Conference of Building Officials(ICBO), Maps of Known Active Fault Near
Source Zones in California and Adjacent Portions of Nevada, February, 1998, ISBN
1-58001-008-3
3. International Conference of Building Officials(ICBO),2001 California Building Code,
California Code of Regulations,Title 24, Part 2(Volumes 1 &2),2002
4. State of California Department of Transportation Laboratory Manual of Test Volumes 1, 2
&3 Third Edition 1978
5. Ventura County General Plan, Hazards Appendix,dated January 27, 2004
l
1
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 28 of 39 251
APPENDIX A
Metrolink Security Wall Bid Clarification Notice Page 29 of 39 252
csz 6C 10 OC 968d aOlION uoijeoijuelo pq IleM A4!jnoE)S NuiloijaVy
a.
------------
T
O
lo
J No
ail
cr
P 0
L4 CD
METROLINK STATj'CN DIG-TAL 00
2z
SFCUIRITY / CAMERA SYSTE-V >C
P
^1
APPENDIX B
Metrolink Security Wall Bid Clarification Notice Page 31 of 39 254
BORING LOG LEGEND
SPT- Standard Penetration Split Darnel(1.5"1Dxl8*L4wgth, with liners), ASTM D1586
SB- Split Barrel Sampler(2.5"I1)x 18"length, with liners), ASTM D 1586
TW- Thin wall Tube(Shelby)Sampler, -ASTM D1587
SC- Sand Cone Compaction Test, ASTM D 1556
Nspt- Result of Standard Penetration Test. N represents the number of blows with a 14016.hammer
falling 30"to drive a SPT sampler 12"into insita material.
Neq- Approximately egaivaleat to Nspt but is based upon the number of blows with a 140 lb.
ham rncx falling 30"to drive a SB sampler 12"into insitu material and calculating an equivalent
standard penetration blow count, aft R R Karol, sorts and saiuD gbwfff . P d*L;a-nA Lw AMI
FAV 23.
SZ - Indic es elevation of f n water um%ce encota tered
USCS- Unified Soil CUssification Sys -Method of"ning soil types
USCS-MAJOR DIVISION � DESCRI MON
l
Gravely Soils GW .waa.araay.a. " -
ely Sails With �n y
With Little or No
Over 5D%of The Fines GP- raw a ar
o.r
Coarse Fraction soym.rwmr.mb.a.aeam.a
Larger Than Sandy Gravely With GM f..afrta
Aio.4 Sieve Size Fines CC C1WQWarwa:r0oayawdWCb d-
ay.act4i�-..m
Sandy Soils With Clean Sandy Soils SW Over 50-/"of the With Tattle or No
Coarse Fraction
Fines SP r°°armaeas'°a`
Smaller Than Sandy Soils With SM fsUdaki wa«
No.4 Sieve Size Fines SC. abMf.arwiorftWVGMW&N3&CW
sulk 10
Ifoavea
ltd filperciq�rfeeE�idtierck"Mztrwlk
Silty and Clayey Soils CL �wyQa•.s>� faq cam:
Liquid Limit Less Than 50-/o
OL Q Q"-05 1 faravzofLaw
bffl bwwA*W 6caoeoesorOiae®oeotn
Fine sm�dyors�ltysoat or sag
Silty and Clayey Soils � �� .���
Liquid Limit Greater Than 50-/0
OH °W"06 Qw ora e&=to trga rtmaagr.or
aft•ft
Highly Organic Soils PT PrnoramQffqyo,MCsod
t
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 32 of 39 255
File No. 07-7964-3 Lab.No 32909-3 Enclosure B-1
LOG OF BORING
Drilled:01/10/07
Logged by:JB
Equipment:Badger B-80 Mobile Hollow Stem Auger Drill Rig Boring No. 1
Blow Relaftve Tube Dry Moisture Depth uSCS D E S C R I P T 1 0 N
Count Compaction Type Density Content
Naq (%) 04 M (ft)
2.75"of asphalt concrete over 6.5•of base
58 SB 94.9 15.6 e •
o Artificial Fig(At)?:
2 — o GP-SM Brown gravely silty coarse to fine sand,
°- moist and very firm
56 SB 106.3 12.3 _a
4 —
GP-SM Dark brown gravely silty medium to fine sand,
21 SB 12.3 moist and moderately firm
6 — 'Q
16 SB 16.3 GP-SM Dark brown gravelly silty fine sand with glass,
o metal,and plastic debris and a slight organic
8 —
d odor,mobil and moderately loose
CL-CH Native Topsoil?:
Dark brown silly clay,moist and moderately
loose
12 SB 4.7 10 —
SM Light brown silty medium to fine sand,damp
and moderately loose
12 —
SM Light brown silty medium to fine sand,moist
and moderately loose
14 — SM Light tan-brown silty fine sand,moist and
10 SB 10.5 moderately loose
16 —
18 — 6,ji GP-SM Light tan-brown gravelly silty coarse to fine
Ito 1
sand,damp and firth
0
34 SB 3.6 20 —
d
v
22 —
°' GP-SM Light4an-brown gravelly coarse to fine sand,
damp and very firm
o.
24 —
0
41 SB 3.1
Total depth attempted.28
No Fnewalar encountered
SldewaU uvFna below s
=Sartple attempted but meat recovered
PACIFIC MATERIALS LABORATORY, INC
Metrolink Security Wall Bid Clarification Notice Page 33 of 39 256
File No. 07-7964-3 Lab.No 32909-3 Enclosure B-2
LOG OF BORING
Ddi led:01/10/07
Logged by:JB
Equipment:Badger B-80 Mobile Hollow Stem Auger Drill Rig Boling No.2
Blow Relative Tube Dry Moisture Depth 11SCS 0 E S C R I P T 1 O N
Count Compaction Type Density Content
Neq M (Pcf) (%) (ft)
3"of asphalt concrete over 8"of base
14 SB 117.5 12.3 Native Topsoil?:
ML-MH Brown gravelly clayey silt and fine sand,
2 — moist and moderately loose
17 SB 106.1 15.6 °;o, GP-SM Brown gravelly silty medium to fine sand,
IF c moist and moderately loose
4 — .
12 SB 106.2 11.7 SW-SP Dark brown medium to fine sand,moist
and moderately loose
6 —
12 SB 108.7 10.5 GP-SM Brown gravelly silly medium to fine sand,
x d moist and moderately loose
8 — .o
=b
GP-SM Light tan-brown gravelly silty medium to fine
12 SB 8.7 10 — ` ° sand,moist and moderately loose
h: '
D
12 — O
l
14 —
MGP-SP Light tand-brown gravelly mediturt to fine
24 SB 106.9 4.7 sand with small cobbles,damp and
moderately firm
16 —
b.
18 — Q y.
GP-SM Light brown gravely silly medium to fine sand,
�Qb moist and moderately firm
0
28 SB 90.0 7.5 20 — q
22 —
� i
GP-SM Light yellow-brown gravelly silty medium to
+, fine sand,damp and firm
24 — o
i
68 SB 115.6 5.3
Total depth attempted-26'
No Freawater encountered
Sidewall caving from 10'-20'
=Sample attempted but rmt recovered
1
PACIFIC MATERIALS LABORATORY,INC
Metrolink Security Wall Bid Clarification Notice Page 34 of 39 257
APPENDIX C
Metrolink Security Wall Bid Clarification Notice Page 35 of 39 258
LABORATORY TEST DATA
LABORATORY COMPACTION CHARACTERISTICS (ASTM 01557)
Maximum density optimum moisture data was determined In the laboratory from bulk soil samples using ASTM
D1657 procedures. The test uses a 4 or 6 inch diameter mold of 1/30 or 1156 cft.volume respectively. The soil is
moistened to various degrees of saturation and compacted in 54ayers,using a 10-pound hammer falling 18-inches,
and 25 or 56 blows per layer for 4 or 6 inch molds respectively. The test results are tabulated below.
MAXIMUM
SOIL ASTM DRY DENSITY OPTIMUM MOISTURE
TYPE METHOD SOIL DESCRIPTION (IbsM CONTENT(%)
1 C Brown Gravelly Silty Sand 126.0 10.5
EXPANSION INDEX TEST DATA (UBC Volume 3,Section 18-2)
An expansion index test was performed on representative near surface soil encountered. The expansion testing was
performed in accordance with the 1997 edition of the UBC Standards Test No.29-2 and compared to Table 18-1-8 of
the California Building Code. The test results are tabulated below. '
INITIAL FINAL
SOIL MOISTURE MOISTURE DRY DENSITY EXPANSION EXPANSION"
TYPE CONTENT(%I CONTENT(%1 (Ibs/cft) INDEX POTENTIAL
1 9.9 16.9 108.1 3 Very Low
" Per CBC Table No.18-1-8"Classification of Expansive Solls"
MECHANICAL&HYDROMETER ANALYSES(ASTM D422)
MECHANICAL ANALYSIS (Values in Percent Passing)
SIEVE LOCATION LOCATION
SIZE B=L@ 3.01 0'
3/4" 100
1/2" 93 100
3/8" 91 100
No.4 86 99
No.8 83 99
No.16 73 97
No.30 56 86
No. 50 37 64
No. 100 22 43 '
No.200 16 30
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 36 of 39 259
SHEAR-2
Direct Shear Test Results
5 5
4 4
as
Y
3 3
i�
2
65
c ■ Peak _
m 2 2 • Residual
r
E
R
1 1
0 0
0 1 2 3 4 5
Normal Stress (ksQ
Sample Location: B-2 @ 5.0-
Soil Description: Brown Sand
Insitu Reverse Shear
Residual Values:
Internal Angle of Friction= 33 degrees
Cohesion = 216 psf
Peak Values:
Internal Angle of Friction= 33 degrees
Cohesion = 341 psf
F
PACIFIC MATERIALS LABORATORY, INC.
Metrolink Security Wall Bid Clarification Notice Page 37 of 39 260
4
APPENDIX D
Metrolink Security Wall Bid Clarification Notice Page 38 of 39 261
clluusure t3tAKING
�� •a t d '
BEARING CAPACITY OF SHALLOW FOOTINGS
PRojEcr: Moorpark Metrolink
sou.: Brown Silty Sand
I. CONTINUOUS STRIP FOOTING
W= 120 pcf B— 13 ft NC= 38.64
C= 216 psf d= 1.0 ft NQ= 26.09
ANGLE= 33 deg. Kw= 1.00 NW= 35.19
FS= 10 Kc= 1.00 KQ= 1.00
allowable bearing cWacity = q/FS = (0.5WBKwNW+CKQVC+KgdWNQ)/FS = 1,412 psf
II. SPREAD FOOTINGS
W— 120 pcf B— 3.0 ft NC= 38.64
C= 216 psf d= 1.0 ft NQ= 26.09
ANGLE- 33 deg. Kw= 0.60 NW= 35.19
FS= 20 Kc= 1.68 KQ= 1.65
allowable bearing capacity = q/FS = (0.5WBKwNW+CKCNC+KgdWNQ)/FS = 1,488 psf
III. LATERAL EARTH PRESSURES AND COEFFICIENT OF FRICTION
FRcW sd sae sa Allmmbb Allm" Prld" Na Yrddua
of F-1 Cabrsm Uwe Cadfii9d Pod C Lard R-&m Lawt B@dM
safdY Aadle Wei& ofss&s he" Aeewpewe Aclkv a .
(P+0 tPeO FdOi- (PAN LPW (ve0
1.5 33 216 120.0 0.43 377 30 55
NOTES:
1. tbcdk,."b.-S vakm Am m bmd upon We GENERAL SHARING CAPACITY FORMULA 4+
dodl�r��tOOitaaaddwdlw oClgd arddfacetid satleeiee< Aowd'edf'tM dadp alorableMaia
c�tip'wkra raoomamded ie dis repmlar detian n4bo b.erlhao whn 000yobd dwra
2. Act—rda..mg mil dedp =bumIW-deEmpbicd udmddde®orioaofE"P1tm DoiP
tuW prssteae nmemmdad nd+s tcpod maU'6e bi�a b arm�ml for Pdmcd arcp(dmU').
3. N—r.[ gmodQoa afsameedreA ma6liao:(ao drtamesm).
1
PACIFIC MATERIALS LABORATORY, INC
Metrolink Security Wall Bid Clarification Notice Page 39 of 39 262
Metrolink Security/Retaining Wall
Specification No. MPK 11-01
Bid Clarification Notice #2
Answers to Contractor Questions submitted via email:
Q: Request for Information, Draper Construction
The soil report recommends wall footing to be overexcavated and recompacted
an additional 12" deep and scarify 6". All vegetation and root balls to be
removed and recompacted. Are these a requirement to be formally part of the
bid specs.?
A: Yes, these requirements are part of the bid specifications as originally issued.
General Note 7 found on Page 2 of 3 of the Construction Plans issued as part of
the bid documents states "All recommendations in Pacific Materials Laboratory,
Inc.'s File 11-7964-3 and Lab 34352-3 (dated January 26, 2011) shall be
followed at all times and are part of this set of drawings".
Q: Request for Information, Pacific Construction Company, Inc.
Page # 8 of 88 does not make sense to me. This bid is a Lump Sum bid and unit
prices are irrelevant. The quantities needed are all estimates and can not be
final.
A: The bid is a lump sum price. Page 8 of 88 states "These prices are to be used
for additions or deletions to the contract", and is the purpose for requesting unit
prices be submitted. Contractors are hereby authorized to omit Page 8 of 88
from their Bid Submittal. Changes to the contract, if needed, will be governed by
Section 3 of the Greenbook, "Changes in Work".
Note: Bids are due Thursday, April 7 no later than 3:00 p.m.
Bidders are to sign Bid Clarification Notice #2 to and fax back to (805) 532-2530.
Acknowledgement:
Company Name Bidders Signature
Print Name
Metrolink Security Wall, Bid Clarification Notice #2 Page 1 of 1
263
Metrolink Security/Retaining Wall
Specification No. MPK 11-01
Bid Clarification Notice #3
Answers to Contractor Questions submitted via email:
Q: Request for Information, Mendez Concrete, Inc.
Manuel went out to the job site after survey and noted the following items.
At station 1+50 to 2+50 there is a small tree, shrubs, overgrown ivy, and approx.
25' of 6' high wooden fence.
At station 5+00 there is a tree encroaching in the work area.
At station 6+50 there is a small tree, chain link fence, wooden fence, and steel
fence.
On your general notes it states that the city will contact adjacent property owners
to instruct them of the removals encroaching on city property.
Are contractors to assume absolutely no work will be required for the removal of
any type of material encroaching? Please reply asap.
A: No. At the top of Bid Clarification #1 under heading "Attachments provided for
bidder's use for additional specification clarifications", Bullet#2 states:
• Survey grade stake cut sheet prepared by CVE Engineering dated March
25, 2011 (Note: contractor is responsible to include removal of any
encroachments within contractors bid price).
To clarify and re-state: CONTRACTOR IS RESPONSIBLE TO INCLUDE REMOVAL
OF ANY ENCROACHMENTS IN CONFLICT WITH CONSTRUCTION OF THE WALL
WITHIN CONTRACTORS BID PRICE.
The City will contact property owners on First Street adjacent/contiguous to the
location of the Metrolink wall and inform these owners that improvements they
have constructed upon City property in conflict with construction of the wall will
be removed by the contractor awarded the contract to construct the Metrolink
Security/Retaining Wall. Any temporary fencing required in such locations is to
be included in the bid price for construction of the wall pursuant Page 86 of 88 of
the Bid Manual, Technical Specifications, Item 6.
###
Note: Bids are due Thursday, April 7 no later than 3:00 p.m.
Bidders are to sign Bid Clarification Notice #3 to and fax back to (805) 532-2530.
Acknowledgement:
Company Name Bidders Signature
Print Name
Metrolink Security Wall, Bid Clarification Notice #3 Page 1 of 1
264
Metrolink Security/Retaining Wall
Specification No. MPK 11-01
Bid Clarification Notice #4
Answers to Contractor Questions submitted via email:
Q: Request for Information, Mendez Concrete, Inc.
Page 34 of 88 paragraph 5 states contractor shall provide "all risk" insurance. Is
this boiler plate spec or is this required?
A: Yes, "all risk" insurance is required.
Page 34 of 88 of the Bid Manual, Exhibit A, Insurance, Item 5, Course of
Construction, states that "all risk" coverage will be provided. The insurance
requirements provided in Exhibit A are requirements; inability to comply with
these requirements will result in a bidder being found non-responsive and may
result in forfeiture of a bid bond.
At the mandatory job walk conducted onsite on March 25, 2011 at 9:00 a.m., the
first item discussed was insurance requirements under this contract, and the
required insurance endorsements. Additional Insured — Owners, Lessees or
Contractors — (Form B) endorsement CG 20 10 11 85 was handed out to job
walk attendees for informational purposes.
Bidders are instructed to ensure that all insurance requirements are adhered to
and incorporated within contractors bid.
Note: Bids are due Thursday, April 7 no later than 3:00 p.m.
Bidders are to sign Bid Clarification Notice #4 to and fax back to (805) 532-2530.
Acknowledgement:
Company Name Bidders Signature
Print Name
Metrolink Security Wall, Bid Clarification Notice #4 Page 1 of 1
265