HomeMy WebLinkAboutAGENDA REPORT 2017 0301 CCSA REG ITEM 10H ITEM 10.H.
CI tY OF MOORPARK,CALIFORNIA
Cita Council Meeting
MOORPARK CITY COUNCIL AttiON:,.4
AGENDA REPORT
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TO: Honorable City Council •
FROM: Jeremy Laurentowski, Parks and Rec eation Directo
BY: Jessica Sandifer, Program Manager
DATE: February 22, 2017 (CC Meeting of 03 1/17)
SUBJECT: Consider Authorization to Advertise for Bids for Pavement
Rehabilitation Project at Arroyo Vista Community Park; Agreement
for Construction Management Services and Resolution Amending FY
2016/17 Budget to Fund the Project
BACKGROUND & DISCUSSION
As the City Council will recall, Arroyo Vista Community Park (AVCP) is undergoing an
extensive renovation that includes the addition of a recreational trail, increasing parking,
providing a separated bike and pedestrian walkway from the east end of the park to a
connection with Tierra Rejada Road and additional water infiltration and bioretention
areas within the park to decrease flooding and outflows to the Arroyo Simi.
In consideration of the new project that is currently under construction and the need to
provide general maintenance and repair to several areas within the park, staff feels that
it would be appropriate to initiate a paving project for the access road and parking lots at
AVCP that are not included in the recreation trail project. The project components will
include an asphalt grind and overlay along the access road between Tierra Rejada
Road and the entrance to AVCP to correct cracking and road depressions that have
resulted over time. The remainder of the access road needs to be slurry sealed and
additional speed bumps will be added to slow vehicular traffic. Parking Lots B, C, and D,
will also be slurry sealed and speed bumps will be installed. All areas will include fresh
parking stall and lane striping. The access road will also be widened approximately two
feet (2') along a section of the road just west of parking lot C. The access road width
along this section is substandard. Widening the access road will provide additional
space for the patrons that park in the new parking area along the south side of the road
to back-up without impeding traffic.
Staff has also obtained a proposal from Phoenix Civil Engineering, Inc. (Phoenix) to
provide Construction Management Services for the pavement rehabilitation project.
Phoenix is currently providing construction management services on the Trail project
and has a familiarity with the park and the project that will be useful for the rehabilitation
project.
345
Honorable City Council
March 1, 2017
Page 2
FISCAL IMPACT
Staff estimates that the pavement rehabilitation work will cost approximately $360,000,
with a 10% project contingency of $36,000 for a total project cost of $396,000. The
proposal for Construction Management Services is $50,341 based on time and material
costs.
No funds have been budgeted in the Fiscal Year 16/17 budget for this work. As a
reminder, the license agreement between the City of Moorpark and Moorpark Unified
School District (MUSD) requires that MUSD contribute 1/3 of the costs of maintenance
of the access road between Tierra.Rejada Road and the entrance to AVCP. The cost of
the work along this portion of access road is estimated to cost $187,500. MUSD's 1/3
cost is estimated at $61,875. At this time, staff is requesting an amendment of $50,341
for construction management services from the Community Wide Park Development
Fund (2010). Once bids have been received, staff will return to City Council with a
recommendation for a budget amendment to fully fund the project from the Community
Wide Park Development Fund (2010).
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve plans and specifications and authorize advertisement for bids for
pavement rehabilitation project at Arroyo Vista Community park, as outlined in the staff
report; and
2. Approve agreement with Phoenix Civil Engineering, Inc. for Construction
Management Services for the Pavement Rehabilitation Project at Arroyo Vista
Community Park, subject to final language approval of the City Manager; and
3. Adopt Resolution No. 2017- , amending the Fiscal Year 2016/17 budget to
fund construction management services for the project.
Attachment 1 —Bid Documents and Specifications
Attachment 2 —Agreement
Attachment 3 — Resolution No. 2017-
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ATTACHMENT I
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CITY OF MOORPARK
CONTRACT DOCUMENTS
FOR
PAVEMENT REHABILITATION PROJECT
AT ARROYO VISTA COMMUNITY PARK
IDENTIFICATION NO. P&R - 2017-2
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347
TABLE OF CONTENTS
Page
NOTICE INVITING BIDS NC-1
INSTRUCTIONS TO BIDDERS I-1
CHECKLIST FOR BIDDERS 1-5
BID B-1
SAMPLE CONTRACT C--21
INSURANCE REQUIREMENTS C-30
PAYMENT BOND (LABOR AND MATERIALS) C-38
PERFORMANCE BOND C-40
CHECKLIST FOR EXECUTION OF CONTRACT C-43
GENERAL PROVISIONS GP-1
SECTION 0. GENERAL PROVISIONS DEFINED GP-1
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS GP-1
SECTION 2. SCOPE AND CONTROL OF THE WORK GP-2
SECTION 3. CHANGES IN WORK GP-5
SECTION 4. CONTROL OF MATERIALS GP-5
SECTION 5 UTILITIES GP-6
SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF
THE WORK GP-9
SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR GP-13
SECTION 8. FACILITIES FOR AGENCY PERSONNEL GP-21
SECTION 9. MEASUREMENT AND PAYMENT GP-22
SECTION 10. ADDITIONAL TERMS GP-25
SPECIAL PROVISIONS SP-1
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TABLE OF CONTENTS
Paye
APPENDIX I: TECHNICAL SPECIFICATIONS
APPENDIX II: STORMWATER POLLTION CONTROL PLAN
APPENDIX III: CITY HOLIDAYS
APPENDIX IV: PROJECT PLANS
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NOTICE INVITING BIDS
FOR
Pavement Rehabilitation Project at Arroyo Vista Community Park [the "Project"]
Identification number: P&R—2017-2
NOTICE IS HEREBY GIVEN that the City of Moorpark, California ("City") invites sealed Bids for
the Project and will receive such bids in the office of the City Clerk of the City of Moorpark at
799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of p.m. on the
day of , 2017, at which time they will be publicly opened and read aloud. 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.
MANDATORY PRE-BID MEETING AND SITE VISIT. A mandatory pre-bid meeting and site
walk will be held on at a.m. at the project site. Every Bidder is
required to attend the pre-bid meeting and Project site walk. Failure of a Bidder to attend will
render that Bidder's Bid non-responsive. No allowances for cost adjustments will be made if a
Bidder fails to adequately examine the Project site before submitting a Bid.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance
with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified
to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public work, unless currently
registered and qualified to perform public work pursuant to Section 1725.5 [with limited
exceptions for bid purposes only under Labor Code Section 1771.1(a)].
PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a
"public work." The selected Bidder (Contractor) and any Subcontractors shall pay wages in
accordance with the determination of the Director of the Department of Industrial Relations
("DIR") regarding the prevailing rate of per diem wages. Copies of those rates are on file and
are available to any interested party upon request. The Contractor shall post a copy of the
DIR's determination of the prevailing rate of per diem wages at each job site. This Project is
subject to compliance monitoring and enforcement by the DIR.
BONDS. Each Bid must be accompanied by a cash deposit, cashier's check, certified check or
Bidder's Bond issued by a Surety insurer, made payable to the City and in an amount not less
than ten percent (10%) of the total Bid submitted. Personal or company checks are not
acceptable. Upon Contract award, the Contractor shall provide faithful performance and
payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a
California admitted Surety insurer using the forms set forth in the Contract Documents, or in any
other form approved by the City Attorney. Failure to enter into the Contract with the City,
including the submission of all required Bonds and insurance coverages, within fifteen (15) Days
after the date of the mailing of written notice of contract award to the Bidder, shall subject the
Bid security to forfeiture to the extent provided by law.
LICENSES. Each Bidder shall possess a valid Class A, Contractor's license issued by the
California State Contractors License Board at the time of the Bid submission, in strict
conformance with the specifications now on file in the City's Parks, Recreation and Community
Services Department. Additionally, Bidder must have satisfactorily completed at least three (3)
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Southern California projects in the last five (5) years of comparable size to the scope of this
project. The successful Contractor must also possess a current City business license.
RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as
retention. In accordance with Public Contract Code Section 22300, and at the request and
expense of the Contractor, securities equivalent to the amount withheld may be deposited with
the City or with a State or federally chartered bank as escrow agent, which shall then pay such
moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be
returned to the Contractor. Alternatively, the Contractor may request that the City make
payments of earned retentions directly to an escrow agent at the Contractor's expense. No
such substitutions shall be accepted until all related documents are approved by the City.
TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade
name item must be made by written request submitted no later than five (5) Days before the Bid
submission deadline. Requests received after this time shall not be considered. Requests shall
clearly describe the product for which approval is requested, including all data necessary to
demonstrate acceptability.
LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $250 for each
Day that Work remains incomplete beyond the Project completion deadline specified in the
Contract Documents.
BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any
irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.
The Plans, Contract documents and Specifications will be available for public inspection as
follows:
City of Moorpark Ventura County Contractor's Association
www.moorparkca.gov 1830 Lockwood Street, Suite 110
Oxnard, CA 93036
FW Dodge
1333 S. Mayflower Avenue, Suite 300 www.ebidboard.com
Monrovia, CA 91016
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted in a sealed envelope plainly marked on the outside, "BID FOR
PAVEMENT REHABILITATION ARROYO VISTA COMMUNITY PARK — DO NOT OPEN
WITH REGULAR MAIL."
Bidders shall guarantee the bid price for a period of 90 calendar days from the date of bid
opening.
Any questions regarding this notice can be directed, in writing, to the City's Project
Representative: Jessica Sandifer, Program Manager by e-mail jsandifermoorparkca.qov.
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INSTRUCTIONS TO BIDDERS
FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all
forms and fill in all blank spaces, including inserting "N/A" (for not applicable) where necessary.
The Bid shall be enclosed in a sealed envelope bearing the Bidder's name and the Project
name and identification number as described in the Notice Inviting Bids.
DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place
specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives
will be considered. The time of delivery shall be conclusively determined by the time-stamping
clock located at the City Clerk's office. Bidders are solely responsible for ensuring that their
Bids are received in proper time, and Bidders assume all risks arising out of their chosen means
of delivery. Any Bid received after the Bid submission deadline shall be returned unopened.
Bidders are invited to be present for Bid opening. Accepted Bids shall become the property of
the City.
AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause
the Bid to be deemed incomplete and non-responsive.
WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the
Bidder filed with the City Clerk before the Bid submission deadline. Bids must remain valid and
shall not be subject to withdrawal for sixty (60) Days after the Bid opening date.
BIDDER'S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier's check
payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as
principal and an admitted surety insurer as Surety, in an amount not less than ten percent(10%)
of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee
that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents,
and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15)
Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder's
refusal or failure to do so, the City may award the Contract to the next lowest responsible
bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the
City to the extent permitted by law. No Bid Bond will be accepted unless it conforms
substantially to the form provided in these Contract Documents.
QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall
be considered as approximations listed to serve as a general indication of the amount of Work
or materials to be performed or furnished, and as basis for the Bid comparison. The City does
not guarantee that the actual amounts required will correspond with those shown. As deemed
necessary or convenient, the City may increase or decrease the amount of any item or portion
of Work or material to be performed or furnished or omit any such item or portion, in accordance
with the Contract Documents.
ADDENDA. The City may, from time to time, issue Addenda to the Contract Documents.
Bidders are responsible for ensuring that they have received any and all Addenda. Each Bidder
is responsible for verifying that it has received all Addenda issued, if any. Bidders must
acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all
Addenda may cause a Bid to be deemed incomplete and non-responsive.
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DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly
legible words and figures, a unit or line item Bid amount for the item in the respective spaces
provided for this purpose.
In case of discrepancy between the unit price and the extended amount set forth for the item,
the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous,
unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as
the entry in the "extended amount" column, then the amount set forth in the "extended amount"
column for the item shall prevail in accordance with the following:
(1) As to lump sum items, the amount set forth in the"extended amount" column shall be
the unit price.
(2) As to unit price items, the amount set forth in the "extended amount" column shall be
divided by the estimated quantity for the item set forth in the Bid documents, and the
price thus obtained shall be the unit price.
In case of discrepancy between words and figures, the words shall prevail.
COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given
not only to the financial standing, but also to the general competency of the Bidder for the
performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a
statement of its experience. No Contract will be executed with a Bidder that is not licensed and
registered with the DIR in accordance with State law, and with any applicable specific licensing
requirements specified in these Contract Documents. These licensing and registration
requirements for Contractors shall also apply to all Subcontractors.
BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must
carefully examine the Project site and the entirety of the Contract Documents. Upon submission
of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work
and is satisfied as to the conditions to be encountered and the character, quality, and quantities
of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be
conclusively presumed that the Bidder is familiar with and agrees to the requirements of the
Contract Documents, including all Addenda. It will also be assumed that Bidder has
familiarized themselves with the requirements for insurance from the City of Moorpark as
outlined in the bid documents. Failure to provide the required insurance will result in
forfeiture of the Bid Bond. No information derived from an inspection of records or
investigation will in any way relieve the Contractor from its obligations under the Contract
Documents nor entitle the Contractor to any additional compensation. The Contractor shall not
make any claim against the City based upon ignorance or misunderstanding of any condition of
the Project site or of the requirements set forth in the Contract Documents. No claim for
additional compensation will be allowed which is based on a lack of knowledge of the above
items. Bidders assume all risks in connection with performance of the Work in accordance with
the Contract Documents, regardless of actual conditions encountered, and waive and release
the City with respect to any and all claims and liabilities in connection therewith, to the extent
permitted by law.
DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested
in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person
that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is
not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or
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from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders,
all affected Bids will be rejected.
RETURN OF BID SECURITY. The successful Bidder's Bid security shall be held until the
Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a
reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder
has signed the Contract.
AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts
thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract
award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur
within sixty (60) Days after the Bid opening. The Contract award may be made after that period
if the selected Bidder has not given the City written notice of the withdrawal of its Bid.
ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8,
the lowest Bid shall be determined as follows: The lowest bid shall be the lowest bid price on
the base contract without consideration of the prices on the additive or deductive items.
LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors
on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public
Contract Code Section 4100, et seq.). Contractor shall self-perform not less than fifty
percent (50%) of the Work, as determined by the percentage of Work to be performed by
listed Subcontractors.
EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form
included in these Contract Documents within fifteen (15) Days from the date of delivery of the
Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all
insurance and Bonds as herein specified, and provide copies to the City, within fifteen
(15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or
refusal to execute the Contract or to conform to any of the stipulated requirements shall
be just cause for the annulment of the award and forfeiture of the Bidder's security. In
such event, the City may declare the Bidder's security forfeited to the extent permitted by law,
and the City may award the Contract to the next lowest responsible Bidder or may reject all
bids.
SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to
be notarized all documents that indicate such a requirement. The Bidder shall provide evidence
satisfactory to the City, such as an authenticated resolution of its board of directors or a power
of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid
and any Contract arising therefrom.
INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City
evidence of all required insurance coverage (including all additional insured endorsements), a
Bond guaranteeing the Contractor's faithful performance of the Contract, and a Bond securing
the payment of claims for labor and materials.
TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their
use at the time of Bid submission.
INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the
intended meaning of any part of the Contract Documents, or that finds discrepancies in or
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omissions from the Contract Documents, may submit to the City a written request for an
interpretation or correction not later than 96 hours prior to the Bid submission deadline.
Requests for clarificationreceived after the 96 hour deadline will be disregarded. Please
indicate the Project and identification number in the request for clarification. Telephonic
requests will not be taken. Any interpretation or correction of the Contract Documents will be
made only by a written Addendum. No oral interpretation of any provision in the Contract
Documents shall be binding.
TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes
assessed by federal, State or local authorities on materials used or furnished by the Contractor
in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for
all sales, unemployment, pension and other taxes imposed by federal, State, and local law and
shall include these payments in computing the Bid.
•
•
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CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
Completed and Signed Bid Cover Form
Completed and Signed Bid Sheets
Completed, Signed and Notarized Questionnaire
Completed References Form
Resume of General Construction Superintendent/On-Site Construction
Manager
Completed Subcontractor Designation Form
Completed and Signed Industrial Safety Record Form
Completed, Signed and Notarized Bid Bond or Other Security Form
Signed and Notarized Noncollusion Declaration Form
Completed and Signed Addenda Acknowledgement Form
Signed Environmental, Health and Safety Standards Compliance Form
Signed Workers' Compensation Insurance Certificate
Completed and Signed Agreement to Comply with California Labor Law
Requirements Form.
Evidence satisfactory to the City indicating the capacity of the person(s)
signing the Bid to bind the Bidder
Failure of the Bidder to provide all required information in a complete and accurate manner may
cause the Bid to be considered non-responsive.
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BID
CITY OF MOORPARK
PAVEMENT REHABILITATION AT ARROYO VISTA COMMUNITY PARK
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK:
The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other
person and that the only persons or parties interested as principals are those named herein;
(2) the undersigned has carefully examined the Contract Documents (including all Addenda)
and the Project site; and (3)the undersigned has investigated and is satisfied as to the
conditions to be encountered, the character, quality and quantities of Work to be performed, and
the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid
shall be conclusive evidence that such examination and investigation have been made and
agrees, in the event the Contract be awarded to it, to execute the Contract with the City of
Moorpark to perform the Project in accordance with the Contract Documents in the time and
manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment,
apparatus and other means necessary so to do, except as may otherwise be furnished or
provided under the terms of the Contract Documents, for the following stated unit prices or
lump-sum price as submitted on the Bid herein. -
The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record.
This Safety Record includes all construction Work undertaken in California by the undersigned
and any partnership, joint venture or corporation that any principal of the undersigned
participated in as a principal or owner for the last five (5) calendar years and the current
calendar year before the date of Bid submittal. Separate information is being submitted for each
such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach
any additional information or explanation of data that it would like to be taken into consideration
in evaluating the Safety Record. An explanation of the circumstances surrounding any and all
fatalities is attached.
Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount
equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities
shown and the unit prices quoted. The undersigned further agrees that, should it be
awarded the Contract and thereafter fail or refuse to execute the Contract and provide
the required evidence of insurance and Bonds within fifteen (15) Days after delivery of
the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to
the City to the extent permitted by law.
The undersigned certifies to have a minimum of five (5) consecutive years of current experience
in the type of Work related to the Project and that this experience is in actual operation of the
firm with permanent employees performing a part of the Work as distinct from a firm operating
entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly
licensed by the State as a contractor to perform this type of Work. The undersigned possesses
California Contractor's License
Number ,Class ,which expires on
Bidder's Name:
Signature: Date:
Signature: Date:
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CITY OF MOORPARK
BID SHEETS FOR
DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET
Bidder's Name:
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the
Contract to furnish all labor, materials, equipment and supplies for the Project in accordance
with the Contract Documents to the satisfaction and under the direction of the Parks and
Recreation Director, at the following prices:
BASE AMOUNT:
Item Payment Unit
No. Ref. Description Qty Unit Price Total
Traffic Control, Construction
1 702-5 Signage and Traffic 1 LS
Maintenance
2 703-2 Stormwater Pollution Control 1 LS
3 704-4 Pavement Surface 1 LS
Preparation
4 705-6 Pavement Milling 65,000 SF
5 707-6 Asphalt Concrete 65,000 SF
6 708-5 Slurry Seal —Access Road 71,500 SF
7 708-5 Slurry Seal— Parking Lot B 43,865 SF
8 708-5 Slurry Seal — Parking Lot C 30,250 SF
9 708-5 Slurry Seal — Parking Lot D 65,450 SF
10 708-5 Speed Bumps?? SF
11 709-6 Remove and Replace Asphalt 5,000 SF
Concrete
12 710-3 Adjust Utility and Survey 1 LS
Monument Covers
13 711-7 Traffic Signing and Pavement 1 LS
Delineation
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Note: Items may be adjusted or modified. Any changes to the quantities for these items shall
not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard
Specifications. Therefore, regardless of total actual volume (percentage) compared to
estimated quantities, the unit prices provided above by the Bidder shall be applied to the final
quantity when payment is calculated for these items. No adjustment in the unit prices will be
allowed. The City reserves the right to not use any of the estimated quantities; and if this right is
exercised, the Contractor will not be entitled to any additional compensation. Cost of all export
of material shall be included in the above unit costs; no additional compensation will be granted
for such expenses.
TOTAL BID PRICE IN DIGITS: $
TOTAL BID PRICE IN WORDS:
Signature: Title: Date:
Signature: Title: Date:
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QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder's Name:
(2) If the Bidder's name is a fictitious name, who or what is the full name of the registered
owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this
question. If you are doing business under a fictitious name, provide a copy of the filed
valid Fictitious Business Name Statement.
(3) Business Address:
(4) Telephone: Facsimile:
(5) Type of Firm— Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the State of:
(7) California State Contractor's License Number and Class:
Original Date Issued: Expiration Date:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the Project site for your firm:
(10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting
and site walk for your firm:
(11) Number of years experience the company has as a contractor in construction work:
(12) List the names, titles, addresses and telephone numbers of all individuals, firm
members, partners, joint venturers, and company or corporate officers having a principal
interest in this Bid:
(13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal
having interest in this Bid:
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(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal.
having an interest in this Bid:
(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the
company or any principal having an interest in this Bid has been involved with in the past
five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the
parties:
b. Briefly summarize the parties' claims and defenses:
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.),
the matter number, and the outcome:
(16) Has the company or any principal having an interest in this Bid ever had a contract
terminated by the owner or agency? If yes, explain.
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(17) Has the company or any principal having an interest in this Bid ever failed to complete a
project? If yes, explain.
(18) Has the company or any principal having an interest in this Bid ever been terminated for
cause, even if it was converted to a "termination of convenience"? If yes, explain.
(19) For projects that the company or any principal having an interest in this Bid has been
involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes No
b. By the owner against you? Circle one: Yes No
c. By any outside agency or individual for labor compliance?
Circle one: Yes No
d. By Subcontractors? Circle one: Yes No
e. Are any of these claims or actions unresolved or outstanding?
Circle one: Yes No
If your answer is "yes"to any part or parts of this question, explain.
(20) List the last three (3) projects you have worked on or are currently working on for the
City of Moorpark:.
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Upon request of the City, the Bidder shall furnish evidence showing a notarized financial
statement, financial data, construction experience, or other additional information.
Failure to provide truthful answers to the questions above or in the following References Form
may result in the Bid being deemed non-responsive.
The Bidder certifies under penalty Of perjury under the laws of the State of California that the
information provided above is true and correct.
Notary Public Company
Subscribed and sworn to me: Signature:
Title:
Signature: Date:
This day of , 20
Title: Signature:
Signature: Title:
Date:
(SEAL)
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REFERENCES FORM
For all public agency projects in excess of $15,000 that you are currently working on or have
worked on in the past two (2) years, provide the following information. Particular interest in work
done within a railroad right-of-way in the past:
Project 1 Name/Number
Project Description
Approximate Project Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 2 Name/Number
Project Description
Approximate Project Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
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If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 3 Name/Number
Project Description
Approximate Project Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
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Project 4 Name/Number
Project Description
Approximate Project Dates From: To
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $_
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 5 Name/Number
Project Description
Approximate Project Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
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Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 6 Name/Number
Project Description
Approximate Project Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
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RESUME
Attach to this Bid the experience resume of the person who will be designated as General
Construction Superintendent or on-site Construction Manager for the Project.
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DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or
about the construction of the Work or improvement, or a Subcontractor licensed by the State of
California who, under subcontract to the Contractor, specially fabricates and installs a portion of
the Work or improvement according to detailed drawings contained in the Plans and
Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid
or, in the case of bids or offers for the construction of streets or highways, including bridges, in
excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater.
If all Subcontractors do not fit on this page, attach another page listing all information for all
other Subcontractors.
Name under which CSLB License DIR Type of Work Percentage
Contractor Address and Phone e.
Subcontractor is Number(s) and ( g'' of Total Bid
R
Licensed Class(es) Registration Number Asbestos (e.g., 10%)
and Registered Number Abatement)
The percentage of the total Bid shall represent the "portion of the work" for the purposes of
Public Contract Code Section 4104(b).
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INDUSTRIAL SAFETY RECORD FORM
Bidder's Name
Current
Year of 2016 2015 2014 2013 2012 Total
Record
Number of
contracts
Total dollar amount
of contracts(in
thousands of
dollars)
Number of fatalities
Number of lost
workday cases
Number of lost
workday cases
involving
permanent transfer
to another job or
termination of
employment
The above information was compiled from the records that are available to me at this time and I
declare under penalty of perjury under the laws of the State of California that the information is
true and accurate within the limitations of those records.
Signature: Signature:
Title: Title:
Date: Date:
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Bond No.
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark ("Public Agency"), has issued an invitation for Bids for the
Work described as follows: Demolition of Structures and Site Clearance at 104 and 192 High
Street
WHEREAS
(Name and address of Bidder)
("Principal"), desires to submit a Bid to Public Agency for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), being not less than ten percent
(10%) of the total Bid price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded the Contract for the Work by the Public Agency and, within the time and in the manner
required by the bidding specifications, enters into the written form of Contract included with the
bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and
the other to guarantee payment for labor and materials), and furnishes the required insurance
coverage, then this obligation shall become null and void; otherwise, it shall be and remain in
full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred
by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court.
Surety hereby waives the provisions of Civil Code Section 2845.
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IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on
the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing
body.
Dated:
"Principal" "Surety"
By: By:
Its: Its:
By: By:
Its: Its:
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person
signing as attorney-in-fact must be attached.
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NONCOLLUSION DECLARATION FORM
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
In accordance with Public Contract Code Section 7106, the undersigned declares:
I am the of , the party making the
foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The Bid is genuine and not collusive or
sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a
false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or
agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The
Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any
overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements
contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, Bid depository, or
to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will
not pay, any Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on
behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on [date], at
[city], [state].
Signature: Signature:
Printed Name: Printed Name:
Date: Date:
This form must be notarized.
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ADDENDA ACKNOWLEDGMENT FORM
Bidder's Name:
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
•
If there are more Addenda than there is room in the chart above, attach another page
acknowledging receipt of the Addenda.
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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
82000-0016\1800815v4.doc B-19
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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:
82000-0016\1800815v4.dac B-20
376
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding Owner("Owner") and agrees to be bound by all the provisions thereof as though set forth in full
herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars($50)for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
Director of Industrial Relations for the work or craft in which the worker is employed for any public work
done under the contract by Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to(1) keep accurate payroll records, (2)certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location
of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its
subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the Contractor and any subcontractor under him
shall comply with and be governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit
twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by
any subcontractor for each calendar day during which such worker is required or permitted to work more
than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions
of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
Signature Date
Printed Name
Company
Title
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SAMPLE CONTRACT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
, FOR PAVEMENT REHABILITATION AT ARROYO VISTA
COMMUNITY PARK
THIS AGREEMENT, executed as of this day of
2017, between the City of Moorpark, a municipal corporation ("City") and
, a ("Contractor"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction services related to pavement
rehabilitation at Arroyo Vista Community Park; and
WHEREAS, Contractor specializes in providing such services and has the proper work
experience, certifications, and background to carry out the duties involved; and
WHEREAS, on , 2017, the City Council of the City of Moorpark
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 City Council approval on
, 2017 until completion of the work identified in the Scope of Services and in
conformance with Exhibit _, unless this Agreement is terminated or suspended consistent
with Section 6 of this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services related to demolition of structures and appurtenances and site clearing at 104 and 194
High Street, as set forth in Exhibit Contractor's Bid Proposal, dated
, 2017, which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as the "Proposal" and as set forth
in Exhibit , which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers'
Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and
Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability,
attached hereto and incorporated herein by this reference as though set forth in full and
hereinafter referred to as Exhibit . Where said Scope of Services as set forth in Exhibit
and Exhibit is modified by this Agreement, or in the event there is a conflict between the
provisions of said Scope of Services and this Agreement, the language contained in this
Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit_and Exhibit
Contractor shall complete the tasks according to the schedule of performance which is also set
82000-001611800815v4.doc C-22
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forth in Exhibit
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit Compensation shall not exceed the rates or total value of
dollars ($XXXXX) as stated in Exhibit , without a written
amendment to the agreement executed by both parties. Payment by City to Contractor shall be
as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply, and that a public work project is subject to compliance monitoring and
enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to
comply with and be bound by all the terms, rules and regulations described in (a) Division 2,
Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including
without limitation Labor Code Section 1771 and (b) the rules and regulations established by the
DIR implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor who will
perform work on this project, Contractor shall be responsible for subcontractor's compliance
with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's
compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually
register with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the Agreement
provisions herein above set forth and to serve as principal liaison between City and Contractor
shall be [CONTRACTOR'S DESIGNEE], and no other individual may be substituted without the
prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City Manager's
designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit_, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the above tasks. This
amount shall not exceed dollars ($XXXXX) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any additional services rendered in connection
with its performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to this Agreement executed by both parties.
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The City Manager, if authorized by City Council, may approve additional work not to exceed ten
percent(10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices shall be
submitted on or about the first business day of each month, or as soon thereafter as practical,
for services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it
shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set
forth on the invoice. Contractor shall provide appropriate documentation, as determined by
the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or terminate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days
prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination. In the event of such termination,
Contractor shall be compensated for such services up to the date of termination. Such
compensation for work in progress shall be prorated as to the percentage of progress
completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City may
proceed in the manner set forth in Section 6-4 of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this Agreement,
City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance
of work hereunder arises out of causes beyond the Contractor's control, and without fault or
negligence of the Contractor, it shall not be considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
cause to be served upon the Contractor a written notice of the default. The Contractor shall
have five (5) working days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice to any
other remedy to which it may be entitled at law, in equity or under this Agreement.
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8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement or as duly extended in writing by the City Manager, Contractor shall
forfeit and pay to the City, as liquidated damages, the sum of two hundred fifty dollars ($250.00)
per day for each calendar day the work, or portion thereof, remains uncompleted after the above
specified completion date. Liquidated damages shall be deducted from any payments due or to
become due to the Contractor under the terms of this Agreement [Government Code Sec.
53069.85]. Progress payments made by the City after the above specified completion date shall
not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the performance of
services under this Agreement. Contractor shall maintain adequate records of services provided
in sufficient detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible. Contractor shall provide free access to the representatives of City or its
designees at reasonable times to such books and records; shall give the City the right to
examine and audit said books and records; shall permit City to make transcripts therefrom as
necessary; and shall allow inspection of all work, data, documents, proceedings, and activities
related to this Agreement. Notification of audit shall be provided at least thirty (30) days before
any such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and other
documents prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used, reused, or otherwise
disposed of by the City without the permission of the Contractor. With respect to computer files,
Contractor shall make available to the City, at the Contractor's office and upon reasonable
written request by the City, the necessary computer software and hardware for purposes of
accessing, compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all liability, loss,
damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees
and all other costs and fees of litigation) of every nature arising out of or in connection with
• Contractor's negligence, recklessness or willful misconduct in the performance of work
hereunder or its failure to comply with any of its obligations contained in this Agreement, except
such loss or damage which is caused by the sole or active negligence or willful misconduct of
the City. Should conflict of interest principles preclude a single legal counsel from representing
both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable,
then Contractor shall reimburse the City its costs of defense, including without limitation
reasonable legal counsels fees, expert fees and all other costs .and fees of litigation. The
Contractor shall promptly pay any final judgment rendered against the City (and its officers,
officials, employees and volunteers) with respect to claims determined by a trier of fact to have
82000-0016\1800815v4.doc C-25
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been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and inclusive
as is permitted by the law of the state of California and will survive termination of this
Agreement.
Contractor obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However,
without affecting the rights of City under any provision of this agreement, Contractor shall not be
required to indemnify and hold harmless City for liability attributable to the active negligence of
City, provided such active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City active negligence accounts for only a percentage of the liability
involved, the obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In
the event Contractor fails to obtain such indemnity obligations from others as required here,
Contractor agrees to be fully responsible according to the terms of this Section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of
Contractor and shall survive the termination of this Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement
for the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnitees' interests.
City shall, in its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this
reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Neither City
nor any of its officers, employees, or agents shall have control over the conduct of Contractor or
any of Contractor's officers, employees, or agents, except as set forth in this Agreement.
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Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and regulations
which in any manner affect those employed by it or in any way affect the performance of its
service pursuant to this Agreement. The Contractor shall at all times observe and comply with
all such laws and regulations, including but not limited to the Americans with Disabilities Act and
Occupational Safety and Health Administration laws and regulations. The City and Contractor
shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status; or any other basis protected by applicable federal, state, or local law, except as
provided in Section 12940 of the Government Code. Consultant shall have responsibility for
compliance with this Section.
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms, or
implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City will receive
compensation, directly or indirectly from Contractor, or any officer, employee, or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted as a
result of this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during his/her
tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement
or sub-agreement, or the proceeds thereof, for work to be performed in connection with the
Project performed under this Agreement.
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17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any
manner or degree with the performance of their services hereunder. Contractor further
covenants that in the performance of this Agreement, they shall employ no person having such
interest as an officer, employee, agent, or subcontractor. Contractor further covenants that
Contractor has not contracted with nor is performing any services directly or indirectly, with the
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in the City
or its Area of Interest, now or within the past one (1) year, and further covenants and agrees
that Contractor and/or its subcontractors shall provide no service or enter into any contract with
any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in the City
or its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or by
deposit in the United States mail, certified or registered, return receipt requested, with postage
prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: CONTRACTOR
COMPANY NAME
ADDRESS
CITY, STATE ZIP CODE
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered upon receipt by personal service or
as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have the
change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
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21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other action
of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in
Ventura County, California. The City and Contractor understand and agree that the laws of the
state of California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to limit or
define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth in this
Agreement will damage and injure City, but the extent of such damage and injury is difficult or
speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by
Contractor at or within the times set forth herein shall result in liquidated damages as defined in
this Agreement for each and every day such performance is late. City and Contractor agree that
such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is
subject to Government Code Section 53069.85 and that each party hereto is familiar with and
understands the obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit and
Exhibit , attached hereto and incorporated herein by this reference as though set forth in full.
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In the event of conflict, the requirements of the City's Bid Package and this Agreement shall
take precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or caused
it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver shall be binding unless
executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONTRACTOR
Steven Kueny, City Manager SIGNATORY
Title:
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not meet
the requirements set forth here, it will be amended to do so. Contractor acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be available to
the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance Services
Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or
suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for
all covered losses and no less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate
limit applicable to this project.
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.
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
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this project, Contractor shall provide evidence of personal auto liability coverage for each such
person.
Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Coverage
shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy
limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
contractor, subcontractors, or others involved in the Work. The scope of coverage provided is
subject to the approval of city following receipt of proof of insurance as required herein. Limits
are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with A.M. Best rating of A- or better and a
minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein to
include as additional insureds City, its officials, employees, agents, using standard ISO
endorsement No. CG 2010 with an edition date prior to 1992. Contractor also agrees to
require all contractors, subcontractors, and anyone else involved in any way with the
project contemplated by this Agreement to do likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party involved
in this Agreement or related documents applies only to the extent of insurance proceeds
actually paid. City, having required that it be named as an additional insured to all
insurance coverage required herein, expressly retains the right to subrogate against any
party for sums not paid by insurance. For its part, Contractor agrees to waive
subrogation rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors, subcontractors, or others involved in any way with the
project contemplated by this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by
Contractor pursuant to this Agreement shall be endorsed to delete the subrogation
condition as to the city, or to specifically allow Contractor or others providing insurance
herein to waive subrogation prior to a loss. This 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.
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5. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to
City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discover period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of insurance is not
delivered as required, or in the event such insurance is canceled or reduced at any time
and no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
Agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance provided
pursuant to these requirements, to require 30 days notice to City and the appropriate -
tender prior to cancellation or reduction of such liability coverage and notice of any
material alteration or non-renewal of any such coverage, and to require contractors,
subcontractors, and any other party in any way involved with the project contemplated
by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required
to be provided by Contractor or any subcontractor, and any other party involved with the
project who is brought onto or involved in the project by Contractor, is intended to apply.
first and on a primary non-contributing basis in relation to any other insurance or self
insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by Contractor, 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
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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.
19. Any provision in any of the construction documents dealing with the insurance coverage
provided pursuant to these requirements, is subordinate to and superseded by the
requirements contained herein. These insurance requirements are intended to be
separate and distinct from any other provision in this Agreement and are intended by the
parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to
provide a separate aggregate limit for the project that is the subject of this Agreement
and evidencing products and completed operations coverage for not less than two years
after issuance of a final certificate of occupancy by all appropriate government agencies
or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor for
the cost of additional insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to reimburse
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•
any third party for the cost of complying with these requirements. There shall be no
recourse against City for payment of premiums or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage
for Architects or Engineers on this project through Contractor. City shall determine the
liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its
citizens to ensure that all construction business performed on a public works project in the state
that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,
and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply
to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail
with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf
of, the contractor pursuant to the contract for a public works project and payment for which is
not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who has entered into a
direct contract with a public entity for a public works project.
(3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state
agency, department, office, division, bureau, board, or commission, the California State
University, the University of California, a city, including a charter city, county, including a charter
county, city and county, including a charter city and county, district, special district, public
authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned
by a public agency and formed to carry out the purposes of the public agency.
(B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that
department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its
jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii)The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
(5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who either is in direct
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contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45
days, shall provide the claimant a written statement identifying what portion of the claim is
disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a
,contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B)The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, the public entity shall have up to three days following the next duly publicly noticed
meeting of the governing body after the 45-day period, or extension, expires to provide the
claimant a written statement identifying the disputed portion and the undisputed portion.
(D)Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the public entity issues its written statement. If the public entity fails to issue a
written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30 days
for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
written statement identifying the portion of the claim that remains in dispute and the portion that
is undisputed. Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. Any disputed portion of
the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the claimant sharing the associated costs equally. The public entity
and claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a mediator,
each party shall select a mediator and those mediators shall select a qualified neutral third party
to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and
costs charged by its respective mediator in connection with the selection of the neutral mediator.
If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to
applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an
evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
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(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall
result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the
public entity's failure to have responded to a claim, or its failure to otherwise meet the time
requirements of this section, shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7
percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against
a public entity because privity of contract does not exist, the contractor may present to the
public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor
may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor,
that the contractor present a claim for work which was performed by the subcontractor or by a
lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
claim be presented to the public entity shall furnish reasonable documentation to support the
claim. Within 45 days of receipt of this written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the claim to the public entity and,
if the original contractor did not present the claim, provide the subcontractor with a statement of
the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for
any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing,
mediation and proceed directly to the commencement of a civil action or binding arbitration, as
applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute
resolution procedures and requirements in addition to the provisions of this section, so long as
the contractual provisions do not conflict with or otherwise impair the timeframes and
procedures set forth in this section.
(g)This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its
contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date.
(Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of
January 1, 2020, by its own provisions.)
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Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark("Public Agency"), State of California, has awarded to
("Principal")
(Name and address of Contractor)
a contract(the "Contract") for the Work described as follows:
PAVEMENT REHABILIATATION AT ARROYO VISTA COMMUNITY PARK
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the Public Agency to
secure the claims to which reference is made in Title 3 (commencing with Section 9000) of
Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers,
material suppliers, and other persons employed in the performance of the Contract and referred
to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal
sum of
Dollars ($ ), for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or
labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorneys'fees, incurred
by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor.Commissioner may serve a civil
wage and penalty assessment against the principal, any of its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
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The Surety hereby stipulates and agrees that no change, extension'of time, alteration, or
addition to the terms of the Contract or the Specifications accompanying the same shall in any
manner affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its
governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of
any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE
OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended)and be authorized to transact business in the State where the project is located.
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Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY-THESE PRESENTS that:
WHEREAS the City of Moorpark("Public Agency"), has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the
faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than
the total Contract Price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors executors and
administrators,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the Public Agency, its
officers, agents and employees, as therein stipulated, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by Public Agency in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered. Surety hereby waives any statute of
limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or of the Work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations under this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
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provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary
of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its
governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT
BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
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PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE
BROKER IN THE SPACE PROVIDED BELOW
SURETY—Contact Information BROKER—Contact Information
Attn: Attn:
Address: Address:
City State Zip City State Zip
Phone#: Phone#
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CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
Two (2) executed and notarized copies of the Contract
Payment Bond in amount of the Contract
Performance Bond in amount of the Contract
Workers' Compensation Certificate
Liability insurance certificate in the amount of one million dollars
($1,000,000) per occurrence, naming the City as a co-insured
General aggregate insurance certificate in the amount of two million
dollars ($2,000,000), naming the City as a co-insured
Automobile insurance certificate in the amount of one million dollars
($1,000,000), naming the City as a co-insured
Additional insured endorsement (ongoing and completed operations) —
comprehensive general liability
Additional insured endorsement—automobile liability
Additional insured endorsement—excess liability (if applicable)
Copy of City business license
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GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The Work described herein shall be done in accordance with the provisions of the 2015 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, except for those provisions that are
expressly not incorporated by a provision in the Contract Documents.
0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these General Provisions are compatible with the
numbering in the Standard Specifications. The Special Provisions will be numbered as Sections
700 through 799. Subsections of architectural and/or other work may be numbered according to
the Construction Specifications Institute (CSI) format. _
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the Standard Specifications, except as
otherwise indicated herein. In the event of any conflict between the Standard Specifications and
these General Provisions, these General Provisions shall control.
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
The provisions below shall supplement, but not replace, those provisions in Section 1 of the
Standard Specifications.
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are
used, they shall be understood to mean the following:
Agency—The City of Moorpark.
Board—The City Council of the City of Moorpark.
Contract Documents — As defined in Standard Specifications Section 1-2, but also
including the General Provisions.
County—County of Ventura, California
Inspector — An authorized representative of the City, assigned by the City to make
inspections of Work performed by or materials supplied by the Contractor.
Laboratory -A laboratory authorized by the City to test materials and Work involved
in the Contract.
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Project—See Work.
Submittal —Any drawing, calculation, specification, product data, samples, manuals,
requests for substitutes, spare parts, photographs, survey data, traffic control plans,
record drawings, Bonds or similar items required to be submitted to the City under
the terms of the Contract.
1-3.3 Institutions
The institutions listed in Section 1-3.3 of the Standard Specifications shall be supplemented by
the list below:
Abbreviation Word or Words
AAN American Association of Nurserymen
ACI American Concrete Institute
AGCA Associated General Contractors of America
APWA American Public Works Association
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
SSS State of California Standard Specifications,
Latest edition, Department of Transportation
SSP State of California Standard Plans,
Latest edition, Department of Transportation
SECTION 2. SCOPE AND CONTROL OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 2 of the
Standard Specifications.
2-2 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no
effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers,
officials, employees, agents and representatives with respect to any claim, demand or action
arising from or relating to any unauthorized assignment.
If the City opts to consent to assignment, the City's consent shall be contingent upon: (1) a
letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee
without any reduction, or the assignee supplying all new Bonds in the amounts originally
required under the Contract Documents; and (2) the assignee supplying all of the required
insurance in the amounts required in the Contract Documents. Until the Surety assigns all of
the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of
the required insurance, an assignment otherwise consented to in writing by the City shall not be
effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of
liability under the Contract.
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2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of
Completion. The Material and Labor Bond shall remain in force until expiration of the time
within which the California Labor Commissioner may serve a civil wage and penalty assessment
against the principal, any of its subcontractors, or both the principal and its subcontractors
pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint
labor management committee may commence an action against the principal, any of its
subcontractors, or both the principal and its subcontractors pursuant to Labor Code
Section 1771.2.
Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond
that is valid for one year from date of recordation of Notice of Completion by the County
Recorder, in the amount of one hundred percent (100%) of the Contract Price. In lieu of the
warranty or maintenance Bond, Contractor may submit proof from the Surety that the
performance Bond has been extended for the appropriate duration of time. Other than the
details listed herein, the warranty or maintenance Bond shall adhere to the requirements for
Bonds in Section 2-4 of the Standard Specifications. Nothing herein shall abridge or amend
Section 6-8.3 of the Standard Specifications or the related provisions in these Contract
Documents.. -
All Bonds must be submitted using the required forms, which are in the Contract Documents, or
on any other form approved by the City Attorney.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General
In addition to the requirements under Section 2-5.1 in the Standard Specifications, the
Contractor shall maintain a control set of Plans and Specifications on the Project site at all
times. All final locations determined in the field, and any deviations from the Plans and
Specifications, shall be marked in red on the control set to show the as-built conditions. This
control set of Plans shall also be edited for all Addenda, Requests for Information, Change
Orders, field changes not involving cost, and any other variation that occurred during
construction. Upon completion of all Work, the Contractor shall return the control set to the City.
Final payment will not be made until this requirement is met.
Where a work feature is shown on the drawings or identified in the Specifications but is not
specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the
requirement to construct, install, or construct and install that work feature, the Contractor is
required to complete the work feature. All costs to the Contractor for constructing, installing, or
both constructing and installing such a work feature shall be included in the Bid.
2-5.2 Precedence of the Contract Documents
With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control
over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that
order) shall control over the Bid, such that the order of precedence shall be as follows:
1. Permits issued by regulatory agencies with jurisdiction.
2. Change Orders and Supplemental Agreements, whichever occurs last.
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3. Contract/Agreement.
4. Addenda.
5. Notice Inviting Bids.
6. Instructions to Bidders.
7. Bid/Proposal.
8. General Provisions.
9. Special Provisions.
10. Plans.
11. Standard Plans.
12. Standard Specifications.
13. Reference Specifications.
2-7 SUBSURFACE DATA
If the City or its consultants have made investigations of subsurface conditions in areas where
the Work is to be performed, such investigations shall be deemed made only for the purpose of
study and design. If a geotechnical or other report has been prepared for the Project, the
Contractor may inspect the records pertaining to such investigations subject to and upon the
conditions hereinafter set forth. The inspection of the records shall be made in the office of the
City. It is the Contractor's sole responsibility to determine whether such investigations exist,
and the City makes no affirmative or negative representation concerning the existence of such
investigations.
The records of any such investigations are made available solely for the convenience of the
Contractor. It is expressly understood and agreed that the City, its agents, consultants or
employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of
any investigations, the records thereof, and the interpretations set forth therein. No warranty or
guarantee is expressed or implied that the conditions indicated by any such investigations or
records are representative of those existing in the Project area. The Contractor agrees to make
such independent investigations and examination as necessary to be satisfied of the conditions
to be encountered in the performance of the Work.
The Contractor represents that it has studied the Plans, Specifications and other Contract
Documents, and all surveys and investigation reports of subsurface and latent physical
conditions, has made such additional surveys and investigations as necessary for the
performance of the Work at the Contract Price in accordance with the requirements of the
Contract Documents, and that it has correlated the results of all such data with the requirements
of the Contract Documents. No claim of any kind shall be made or allowed for any error,
omission or claimed error or omission, in wholeor in part, of any geotechnical exploration or any
other report or data furnished or not furnished by the City.
2-9 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any
discrepancies before proceeding with related Work. The Contractor shall perform all survey and
layout Work per the benchmark information on the Project Plans. All surveying Work must
conform to the Professional Land Surveyors' Act (Business and Professions Code Section 8700
et seq). All Project surveying notes and "cut-sheets" are to be provided to the City after the
completion of each surveying activity and all final surveying notes shall be provided before final
payment to the Contractor.
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Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise
indicated in the Special Provisions, surveying costs shall be included in the price of items bid.
No separate payment will be made. Re-staking and replacement of construction survey
markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor's
expense.
2-10 INSPECTION
The Contractor shall arrange and pay for all off-site inspection of the Work required by any
ordinance or governing authorities. The Contractor shall also arrange and pay for other
inspections, including tests in connection therewith, as may be assigned or required.
SECTION 3. CHANGES IN WORK
The provisions below shall supplement but not replace those provisions in Section 3 of the
Standard Specifications.
3-2 CHANGES INITIATED BY THE AGENCY
The City reserves the right, without notice to the Surety, to increase or decrease the quantity of
any item or portion of the Work described in the Contract Documents or to alter or omit portions
of the Work so described, as may be deemed necessary or expedient by the City, without in any
way making the Contract void. Such increases, alterations or decreases of Work shall be
considered and treated as though originally contracted for, and shall be subject to all the terms,
conditions and provisions of the original Contract. The Contractor shall not claim or bring suit
for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or
omission of any kind of Work to be done.
3-3 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered
and cannot be paid for under any of the various items or combination of items for which a Bid
price appears on the Bid. The Contractor shall not do any Extra Work except upon written order
from the City.
SECTION 4. CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
The provisions below shall supplement but not replace those provisions in Section 4-1 of the
Standard Specifications.
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will
meet all requirements of this Contract as to the quality of materials, equipment, and
workmanship.
4-1.1 Test of Materials
Except as elsewhere specified, the City shall bear the cost of testing materials and
workmanship that meet or exceed the requirements indicated in the Standard Specifications and
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the Special Provisions. The cost of all other tests, including the retesting of material or
workmanship that fails to pass the first test, shall be borne by the Contractor.
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the
burden of proof as to the comparative quality and suitability of alternative equipment or articles
or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense,
all information necessary or related thereto as required by the City. All requests for substitution
shall be submitted, together with all documentation necessary for the City to determine
equivalence, no later than five (5) Days before the Bid submission deadline, unless a different
deadline is listed in the Special Provisions.
SECTION 5 UTILITIES
The provisions below shall supplement but not replace those provisions in Section 5 of the
Standard Specifications.
5-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained.
The methods used and costs involved to locate existing elements, points of connection and all
construction methods are the Contractor's sole responsibility. Accuracy of information furnished,
as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense,
must make all investigations necessary to determine locations of existing elements, which may
include contacting Underground Service Alert and other private underground locating firm(s),
utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert
Identification Number issued by Underground Service Alert during the course of the Project, the
Contractor must submit to the City the following form. The Contractor shall be responsible for
preserving the integrity of the existing underground utilities at the site.
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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued
before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of
three (3) Working Days before scheduled excavation. For best response, provide as much
notice as possible up to ten (10)Working Days.
Dig Alert Identification Number:
Dated:
("CONTRACTOR")
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground
Service during the course of the Work. Additional forms may be obtained from the City upon
request.
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5-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for
the purpose of making repairs or changes in their property that may be necessary as a result of
the Work as well as any other reason authorized by the City. When the Contract Documents
provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract
Documents are silent in this regard and it is determined by the City that the Utility owners must
alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for
those alterations, relocations or reconstructions by the respective Utility owners. City
employees and agents shall likewise have the right to enter upon the Project site at any time
and for any reason or no reason at all.
5-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor's responsibility to repair
the Utility at no cost to the Utility or the City.
5-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned
shall be removed by the Contractor as required for the Work, unless directed otherwise by the
City. The remaining portion of the existing Utility which is left in place shall be accurately
recorded, in elevation and plan, on the control set of Contract Drawings.
5-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or
private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities
that interfere with the progress of the Work. The Contractor shall schedule the Work so as to
minimize interference with the relocation, altering, or other rearranging of facilities.
5-6 COOPERATION
The Contractor's attention is directed to the fact that Work may be conducted at or adjacent to
the site by other contractors during the performance of the Work under this Contract. The
Contractor shall conduct its operations so as to cause a minimum of interference with the work
of such other contractors, and shall cooperate fully with such contractors to provide continued
safe access to their respective portions of the site, as required to perform work under their
respective contracts. Compensation for compliance shall be included in the various items of the
Work, and no additional compensation shall be allowed therefor.
5-7 NOTIFICATION
The Contractor shall notify the City and the owners of all Utilities and substructures not less than
forty-eight (48) hours before starting construction. The following list of names and telephone
numbers is intended for the convenience of the Contractor and is not guaranteed to be complete
or accurate:
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CITY ENGINEER TIME WARNER
(805)517-6285 (888)892-2253
TRAFFIC ENGINEER AT&T
(805)517-6285 (800)310-2355
CITY POLICE DEPARTMENT UNDERGROUND SERVICE ALERT
(805)532-2700 1-800-422-4133
CALIFORNIA HIGHWAY PATROL UNION PACIFIC RAILROAD CO.
(805)553-0800 (800)336-9193
MOORPARK TRANSIT DIVISION MOORPARK UNIFIED SCHOOL DIST.
(805)517-6257 (805)378-6300
VENTURA COUNTY WATERWORKS VENTURA COUNTY FIRE PROTECTION DISTRICT
DISTRICT NO.1 (805)389-9710
(805)378-3000
U.S.POST OFFICE
CALLEGUAS MUNICIPAL WATER (805)529-3596
DISTRICT
(805)526-9323 WASTE MGMT/GI RUBBISH
(805)522-9400
SO.CALIFORNIA EDISON COMPANY
(800)655-4555 ANDERSON RUBBISH
(805)526-1919
THE GAS COMPANY
(800)427-2200 CALTRANS
(805)653-2584
MED TRANS AMBULANCE
(805)495-4668 SUNESYS
California Sales/Operations
(951)278-0400
SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 6 of the
Standard Specifications.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
In addition to the construction schedule required pursuant to Section 6-1.1 of the Standard
Specifications after notification of the Contract award and before any start of the Project, as well
as the revised construction schedule in advance of beginning revised operations, the Contractor
shall submit an updated construction schedule with its monthly invoice every month. Progress
payments shall be contingent upon the receipt of monthly updated construction schedules.
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One (1) week before the scheduled pre-construction meeting, the Contractor must submit a
construction schedule to the City for review and approval. The Contractor shall make revisions
as required by the City. The schedule must account for all subcontract work, as well as the
work of the Contractor, submittals, coordination with the other contractors performing concurrent
work and the Traffic Control Plan. The Contractor shall update this Construction Schedule
when directed by the City, or when:
a. A Change Order significantly affects the Contract completion date or the
sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is
changed and does not conform to the Contractor's current accepted Project construction
schedule.
6-1.1.1 Pre-Construction Meeting
Approximately ten (10) Days before the commencement of Work at the site, a pre-construction
meeting will be held at the City and shall be attended by the Contractor's Project manager, its
on-site field superintendent, and any Subcontractors that the Contractor deems appropriate.
Attendance by the Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City for
approval a minimum of two (2) Working Days before the pre-construction meeting. Unless
previously submitted to the City, the Contractor shall bring to the pre-construction conference
copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring
long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress
payment purposes.
5) Written designation of the on-site field superintendent and the Project manager.
Both daytime and emergency telephone numbers shall be included in the written
designation.
The purpose of the meeting is to designate responsible personnel and establish a working
relationship. The parties will discuss matters requiring coordination and establish procedures
for handling such matters. The complete agenda will be furnished to the Contractor before the
meeting date. The Contractor shall be prepared to discuss all of the items listed below.
1) The Contractor's construction schedule.
2) Notification of local residents before starting any Work and keeping them
informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor's submittals.
4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes.
8) NPDES requirements, if any.
9) Field decisions and Change Orders.
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10) Use of Project site, office and storage areas, security, housekeeping, and the
City's needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.
6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting
location, day of the week and time of day will be mutually agreed to by the City and the
Contractor. The Contractor shall provide a two (2) week "look ahead" schedule for each
meeting. The construction manager will preside at these meetings and will prepare the meeting
agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work
progresses, if it is determined by agreement of the attendees, that weekly meetings are not
necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications,
which allow termination upon any written notice, the City may cancel the Contract for any other
reason or for no reason upon thirty (30) Days' written notice. The rest of the procedure outlined
in Section 6-5 shall apply to such situation, including the Contractor's required immediate
notification of Subcontractors and,suppliers and the payment. In no event (including termination
for impossibility or impracticability, due to conditions or events beyond the control of the City, for
any other reason.or for no reason) shall the total amount of money to Contractor exceed the
amount which would have been paid to Contractor for the full performance of the services
described in the Contract.
Furthermore, some of the City's projects are funded in whole or in part by funds other than the
City's General Fund. If this Project is funded by such external funds in whole or in part, or if
those external funds are terminated or reduced at any time and for any reason or for no reason
at all, and the City determines at its discretion that no other funding is available for continuation
of this Project, the City will not be obligated to continue funding for the services contained in
these Contract Documents and may terminate the Project immediately. The City shall
reimburse the Contractor for its work satisfactorily completed until the termination date. In no
event shall the total amount of money to the Contractor exceed the amount which the City has
received in funding from its external source. The Special Provisions may include further details
in this regard.
6-6 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change
Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If
the Change Order does not reserve the right of the parties, or either of them, to seek an
adjustment to the Contract time, then the parties forever relinquish and waive such right and
there shall be no further adjustments to the Contract time.
6-6.1 Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work,
any such extension shall not release any guarantee for the Work required by the Contract
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Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds
executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to
any such extensions of time. The amount of time allowed by an extension of time shall be
limited to the period of the delay giving rise to the same as determined by the City.
Notwithstanding any dispute which may arise in connection with a claim for adjustment of the
Contract time, the Contractor shall promptly proceed with the Work.
6-6.2 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have
no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no
payment of compensation of any kind shall be made to the Contractor for damages or increased
overhead costs caused by any delays in the progress of the Contract, whether such delays are
avoidable or unavoidable or caused by any act or omission of the City or its agents. Any
accepted delay claim shall be fully compensated for by an extension of time to complete the
performance of the Work.
This Section shall not apply to compensable delays caused solely by the City. If a compensable -
delay is caused solely by the City, the Contractor shall be entitled to a Change Order that:
(1) extends the time for completion of the Contract by the amount of delay caused by the City;
and (2) provides equitable adjustment, as determined by the City, to the Contractor.
6-8 COMPLETION, ACCEPTANCE AND WARRANTY
The Contractor shall complete all Work under the Contract within thirty (30) Working Days from
the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at
the site before the issuance of the Notice to Proceed. Between the period of the Notice of
Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin procuring
equipment and materials.
6-8.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff
regarding recordation of the Notice of Completion until all required Work is completed, the Work
site is cleaned up in accordance with Section 7-8 of the Standard Specifications, the General
Provisions, and the Special Provisions, and all of the following items have been received by the
City:
1. A form of Notice of Completion, with all information required by the California Civil Code;
2. All written guarantees and warranties;
3. All "as-builts";
4. The warranty or maintenance Bond or proof from the Surety of the extension of the
performance Bond, as more specifically detailed in Section 2-4 of these General Provisions; and
5. Duplicate copies of all operating instructions and manufacturer's operating catalogs and
data, together with such field instructions as necessary to fully instruct City personnel in correct
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operation and maintenance procedures for all equipment installed listed under the electrical, air
conditioning, heating, ventilating and other trades. This data and instructions shall be furnished
for all equipment requiring periodic adjustments, maintenance or other operation procedures.
The Contractor shall allow at least seven (7) Working Days notice for final inspection. Such
notice shall be submitted to the City in writing.
6-8.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed
to be completed upon the date of recordation of the Notice of Completion. If that direction is
contingent on the completion of any items remaining on a punchlist, the Work shall be deemed
to be completed upon the date of the City's acceptance of the final item(s) on that punchlist.
The Contractor shall repair or replace defective materials and workmanship as required in
Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor
agrees to defend, indemnify and hold the City harmless from claims of any kind arising from
damage, injury or death due to such defects.
The parties agree that no certificate given shall be conclusive evidence of the faithful
performance of the Contract, either in whole or in part, and that no payment shall be construed
to be in acceptance of any defective Work or improper materials. Further, the certificate or final
payment shall not terminate the Contractor's obligations under the warranty herein. The
Contractor agrees that payment of the amount due under the Contract and the adjustments and
payments due for any Work done in accordance with any alterations of the same, shall release
the City, the City Council and its officers and employees from any and all claims or liability on
account of Work performed under the Contract or any alteration thereof.
6-9 LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work shall be
deemed to be completed when the same has been completed in accordance with the Plans and
Specifications therefor and to the satisfaction of the City, and the City has certified such
completion in accordance with Section 6-8.1 of the Standard Specifications.
SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR
The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and
shall instead be replaced with the following:
The Contractor shall provide and maintain insurance naming the City, its elected
and appointed officials, officers, employees, attorneys, agents, designated
volunteers, and independent contractors in the role of City officials as insureds or
additional insureds regardless of any inconsistent statement in the policy or any
subsequent endorsement whether liability is attributable to the Contractor or the
City. The insurance provisions shall not be construed to limit the Contractor's
indemnity obligations contained in the Contract. The City will not be liable for any
accident, loss, or damage to the Work before completion, except as otherwise
specified in Section 6-10.
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The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced
with the following:
Construction materials and equipment shall not be stored in Streets, roads, or
highways unless otherwise specified in the Special Provisions or approved by the
City.
The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall
not be incorporated, and shall instead be replaced with the following:
The Contractor shall relocate, repair, replace, or reestablish all existing
improvements within the Project limits which are not designated for removal (e.g.,
curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs,
Utility installations, pavements, structures, etc.) which are damaged or removed
as a result of the Contractor's or the Subcontractors' operations or as required by
the Plans and Specifications.
The last paragraph of Subsection 7-9 of the Standard Specifications shall not be incorporated,
and shall instead be replaced with the following:
All costs to the Contractor for protecting, removing, restoring, relocating,
repairing, replacing, or reestablishing existing improvements shall be included in
the Bid.
Section 7-12 of the Standard Specifications shall not be incorporated, and shall instead be
replaced with the following:
The names, addresses and specialties of the Contractor, Subcontractors,
architects or engineers may not be displayed on any signage within the public
right-of-way. This signage prohibition includes advertising banners hung from
truck beds or other equipment.
Otherwise, the provisions below shall supplement but not replace those provisions in Section.7
of the Standard Specifications.
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
A noise levels shall be limited to a reasonable level shall apply to all construction equipment on
or related to the job whether owned by the Contractor or not. The use of excessively loud
warning signals shall be avoided, except in those cases required for the protection of personnel.
7-2 LABOR
7-2.2.1 Public Work
The Contractor acknowledges that the Project is a "public work" as defined in Labor Code
Section 1720 et seq. ("Chapter 1"), and that this Project is subject to (a) Chapter 1, including
without limitation Labor Code Section 1771 and (b) the rules and regulations established by the
Director of Industrial Relations ("DIR") implementing such statutes. The Contractor shall
perform all Work on the Project as a public work. The Contractor shall comply with and be
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bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full
herein.
7-2.2.2 Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for
each craft, classification, or type of worker needed to perform the Project are on file at City Hall
and will be made available to any interested party on request. By initiating any Work on this
Project, the Contractor acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and the Contractor shall post such rates at each job site
covered by these Contract Documents.
7-2.2.3 Job Site Notices
The Contractor is required to post job site notices, as prescribed by regulation.
7-2.2.4 Failure to Pay Prevailing Rates
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774
and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for
failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two
hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than
the prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to these Contract Documents by the Contractor or
by any Subcontractor.
7-2.2.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq.
concerning the employment Of apprentices on public works projects. The Contractor shall be
responsible for compliance with these Sections for all apprenticeable occupations. Before
commencing Work on this Project, the Contractor shall provide the City with a copy of the
information submitted to any applicable apprenticeship program. Within sixty (60) Days after
concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Contract.
7-2.2.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law
providing for the debarment of contractors from public works. The Contractor and
Subcontractors shall not be debarred or suspended throughout the duration of this Contract
pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the
debarment of contractors from public works. If the Contractor or any Subcontractor becomes
debarred or suspended during the duration of the Project, the Contractor shall immediately
notify the City.
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7-2.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776,
which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and
verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify
and make such payroll records available for inspection as provided by Section 1776, and
(3) inform the City of the location of the records. The Contractor has ten (10) days in which to
comply subsequent to receipt of a written notice requesting these records, or as a penalty to the
City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for
each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due.
7-2.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. The
Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall
comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties
for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit
twenty-five dollars ($25) for each worker employed in the performance of this Project by the
Contractor or by any Subcontractor for each calendar day during which such worker is required
or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours
in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3
of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the
Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall
be permitted upon public work upon compensation for all hours worked in excess of eight (8)
hours per day at not less than one and one-half(1-1/2)times the basic rate of pay.
7-2.5 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor
shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, unless currently registered and qualified to perform public work pursuant to
Section 1725.5.
7-2.6 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor
shall post job site notices, as prescribed by regulation.
7-2.7 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be
responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860
and 3700, and the Contractor shall include in the written Contract between it and each
Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a
requirement that each Subcontractor shall comply with those provisions. The Contractor shall
be required to take all actions necessary to enforce such contractual provisions and ensure
Subcontractor's compliance, including without limitation, conducting a periodic review of the
certified payroll records of the Subcontractor and upon becoming aware of the failure of the
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Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall
diligently take corrective action to halt or rectify any failure.
7-2.9 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and
defend (at the Contractor's expense with counsel reasonably acceptable to the City) the City, its
officials, officers, employees, agents and independent contractors serving in the role of City
officials, and volunteers from and against any demand or claim for damages, compensation,
fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in
Section 7-2 of the General Provisions by any Person (including the Contractor, its
Subcontractors, and each of their officials, officers, employees and agents) in connection with
any Work undertaken or in connection with the Contract Documents, including without limitation
the payment of all consequential damages, attorneys' fees, and other related costs and
expenses. All duties of the Contractor under this Section 7-2.9 shall survive expiration or
termination of the Contract.
7-3 LIABILITY INSURANCE
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full
force and effect the insurance referenced in Section 7-3 of the Standard Specifications, as
modified below.
7-3.1.1 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated
volunteers, and independent contractors in the role of City officials, shall be the insured or
named as additional insureds covering the Work, regardless of any inconsistent statement in the
policy or any subsequent endorsement, whether liability is attributable to the Contractor or the
City.
7-3.1.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor's indemnity obligations
contained in these Contract Documents.
7-3.1.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance
coverage. The Contractor agrees that if it does not keep the required insurance in full force and
effect, and such insurance is available at a reasonable cost, the City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed
an obligation of the Contractor and the cost of such insurance may be deducted, at the option of
the City, from payments due the Contractor. This shall be in addition to all other legal options
available to the City to enforce the insurance requirements.
7-3.1.4 Certificates of Insurance with Original Endorsements
The Contractor shall submit to the City certificates of insurance with the original endorsements,
both of which reference the same policy number, for each of the insurance policies that meet
the insurance requirements, not less than one (1) day before beginning of performance under
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the Contract. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. Endorsements may be executed on the City's standard forms titled
"Additional Insured Endorsement," copies of which are provided in the Contract Documents, or
on any other form that contains substantially the same terms and is approved by the City's Risk
Manager. In any case, the endorsements must specifically name the City of Moorpark and its
elected and appointed officials, officers, employees, attorneys, agents, designated volunteers,
and independent contractors in the role of City officials as insureds or additional insureds.
Current insurance certificates and endorsements shall be kept on file with the City at all times
during the term of this Contract. The City reserves the right to require complete, certified copies
of all required insurance policies at any time.
7-3.1.5 Subcontractors
The Contractor shall ensure all Subcontractors and their employees are listed as additional
insureds on all of the Contractor's insurance.
7-4 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the
Standard Specifications.
7-4.1 Contractor's Duty
To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and
expense, to defend with competent defense counsel approved by the City Attorney, protect,
indemnify, and hold harmless the City, its elected and appointed officials, officers, employees,
volunteers, attorneys, agents (including those City agents serving as independent contractors in
the role of City representatives), successors, and assigns (collectively "Indemnitees") from and
against any and all claims (including,without limitation, claims for bodily injury, death or damage
to property), demands, charges, obligations, damages, causes of action, proceedings, suits,
losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses
of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in
connection with or resulting from any act, failure to act, error or omission of the Contractor or
any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or
any of their officers, agents, servants or employees, and/or arising out of, incident to, related to,
in connection with or resulting from any term, provision, image, plan, covenant, or condition in
the Contract Documents; including, without limitation, the payment of all consequential
damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a
"Claim," or collectively, "Claims"). The Contractor shall promptly pay and satisfy any judgment,
award or decree that may be rendered against any of the Indemnitees as to any such Claim.
The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided. The
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless
of whether any insurance policies are applicable or whether the Claim was caused in part or
contributed to by an Indemnitees.
7-4.2 Civil Code Exception
Nothing in this Section 7-4 shall be construed to encompass Indemnitees' sole negligence or
willful misconduct to the limited extent that the underlying Contract is subject to Civil Code
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Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract
Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful
misconduct or active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction.
7-4.3 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor
because the acceptance by the City, or the deposit with the City, of any insurance policy or
certificate required pursuant to these Contract Documents. This indemnity provision is effective
regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees
and shall operate to fully indemnify Indemnitees against any such negligence.
7-4.4 Waiver of Right of Subrogation.
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of
their duties, from all Claims arising out of or incident to the activities or operations performed by
or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or
passive negligence by Indemnitees.
7-4.5 Survival.
The provisions of this Section 7-4 shall survive the term and termination of the Contract, are
intended to be as broad and inclusive as is permitted by the law of the State, and are in addition
to any other rights or remedies that Indemnitees may have under the law. Payment is not
required as a condition precedent to an Indemnitee's right to recover under this indemnity
provision, and an entry of judgment against the Contractor shall be conclusive in favor of the
Indemnitee's right to recover under this indemnity provision.
7-5 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary
permits from the City, which may include obtaining a no fee encroachment permit for Work
within the public right-of-way, and from SCRRA and VCTC, as well as all other permits required
from all other agencies. Should this Project require construction of trenches or excavations
which are five (5) feet or deeper and into which a person is required to descend, the Contractor
shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on
this Project. Contractor shall bear all cost for fees for all agencies except for the City's permit
fees.
7-7 COOPERATION AND COLLATERAL WORK
The Contractor shall be responsible for coordinating all Work with the City's street sweeping,
trash pick-up, and street maintenance contractors, emergency services departments, utility
companies' crews, and others when necessary. Payment for conforming to these requirements
shall be included in other items of Work, and no additional payment shall be made thereof.
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7-8 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before
weekends. The Contractor shall not allow the Work site to become littered with trash and waste
material, but shall maintain the same in a neat and orderly condition throughout the construction
operation. Materials which need to be disposed shall not be stored at the Project site, but shall
be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of
the City, the cleaning will be done or contracted by the City and shall be back-charged to the
Contractor and deducted from the Contract Price.
The Contractor shall make arrangements for storing its equipment and materials. The
Contractor shall make its own arrangements for any necessary off-site storage or shop areas
necessary for the proper execution of the Work. Approved areas within Work site may be used
for temporary storage; however, the Contractor shall be responsible for obtaining any necessary
permits from the City. In any case, the Contractor's equipment and personal vehicles of the
Contractor's employees shall not be parked on the traveled way or on any section where traffic
is restricted at any time.
The Contractor shall deliver, handle, and store products in accordance with the manufacturer's
written recommendations and by methods and means that will prevent damage, deterioration,
and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of
products at the Project site and overcrowding of construction spaces. In particular, the
Contractor shall provide delivery and installation coordination to ensure minimum holding or
storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive
to deterioration, theft, and other sources of loss.
Storage shall be arranged to provide access for inspection. The Contractor shall periodically
inspect to assure products are undamaged and are maintained under required conditions.
The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish,
debris, unused materials, concrete forms, construction equipment, and temporary structures
and facilities used during construction. Final acceptance of the Work by the City will be withheld
until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up
of the Project site.
All costs associated with the clean-up and storage required to complete the Project shall be the
sole responsibility of the Contractor.
Contractor will be required to follow any additional worksite maintenance conditions placed on it
by SCRRA or VCTC.
7-10 SAFETY
The provisions below shall supplement but not replace those provisions in Subsection 7-10 of
the Standard Specifications.
7-10.2 Haul routes
Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows:
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The Contractor must obtain the City's approval before using any haul routes.
Further detail requirements for haul traffic are delineated in the Special
Provisions.
7-10.5.3 Steel Plate Covers
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day
with steel plate covers.
7-15 RECYCLING OF MATERIALS
Subsection 7-15 is hereby added to the Standard Specifications as follows:
7-15.1 Construction and Demolition Ordinance
The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all
demolition and city-sponsored projects, regardless of cost; new construction projects valued over
$500,000; or renovation projects valued over $100,000 to divert a minimum of 65% of material
generated during the project from disposal in a landfill (through reuse or recycling). The City has
created a Construction and Demolition Materials Management Plan (C&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.
SECTION 8. FACILITIES FOR AGENCY PERSONNEL
The provisions of Section 8 of the Standard Specifications shall apply except as modified
herein. No field offices for City personnel shall be required; however, City personnel shall have
the right to enter upon the Project at all times and shall be admitted to the offices of the
Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its
own personnel.
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SECTION 9. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 9 of the
Standard Specifications.
9-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools
and incidentals required to complete the Project as outlined in these Contract Documents and
as directed by the City.
9-3 PAYMENT
9-3.1 General
In accordance with Public Contract Code Section 7107, if no claims have been filed and are still
pending, the amount deducted from the final estimate and retained by the City will be paid to the
Contractor except such amounts as are required by law to be withheld by properly executed and
filed notices to stop payment, or as may be withheld for any other lawful purposes.
9-3.2 Partial and Final Payment
9-3.2.1 Monthly Closure Date and Invoice Date
In accordance with Section 9-3.2 of the Standard Specifications, the monthly closure date shall
be the last Day of each month. A measurement of Work performed and a progress estimate of
the value thereof based on the Contract and of the monthly payment shall be prepared by the
Contractor and submitted to the City before the tenth (10th) Day of the following month for
verification and payment consideration.
9-3.2.2 Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor's undisputed
and properly submitted payment request, including an updated construction schedule pursuant
to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment
request determined not to be a proper payment request as soon as practicable, but not later
than seven (7) Days after receipt, and shall explain in writing the reasons why the payment
request is not proper.
9-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However,
at any time after fifty percent (50%) of the Work has been completed, if the City Council finds
that satisfactory progress is being made, it may, at its discretion, make any of the remaining
progress payments in full for actual Work completed. The City shall withhold not less than five
percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4)
until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of
a notice of completion or cessation, but not longer then the period permitted by Public Contract
Code Section 7107.
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9-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the
City, the City shall notify the City Clerk that the Contract has been completed in its entirety. The
Contractor shall then submit to the City a written statement of the final quantities of Contract
items for inclusion in the final invoice. Upon receipt of such statement, the City shall check the
quantities included therein and shall authorize a payment amount, which in the City's opinion
shall be just and fair, covering the value of the total amount of Work done by the Contractor,
less all previous payments and all amounts to be retained under the provisions of the Contract
Documents ("Final Payment Amount"). The City shall then request that the City accept the
Work and that the City Clerk be authorized to file, on behalf of the City in the office of the
County Recorder, a Notice of Completion of the Work herein agreed to be done by the
Contractor. In addition, the final payment will not be released until the Contractor returns the
control set of Plans and Specifications showing the redlined as-built conditions.
9-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be
permitted to substitute securities in lieu'of having retention withheld by the City from progress
payments when such payments become due or, in the alternative, the Contractor may request
that the City make payments of earned retentions directly to an agreed upon designated escrow
agent at the Contractor's expense. If the Contractor selects either one of these alternatives, the
following shall control.
9-3.2.5.1 Substitution of Securities for Performance Retention
At some reasonable time before any progress payment would otherwise be due and payable to
the Contractor in the performance of Work under these Contract Documents, the Contractor
may submit a request to the.City in writing to permit the substitution of retentions with securities
equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld.
The Contractor shall deposit such securities with the City or may, in the alternative, deposit such
securities in escrow with a State or federally chartered bank in California, as the escrow agent,
at the Contractor's expense. Such securities will be the equivalent or greater in value of the
estimated amount of retention. If the Contract is modified by written Modifications or Change
Orders or the Contractor otherwise becomes entitled to receive an amount more than the
Contract Price at the time the securities are deposited, the Contractor shall, at the request of the
City, deposit with the City or escrow agent, whichever is applicable, additional securities within a
reasonable time so that the amount of securities on deposit with the City or escrow agent is
equivalent or greater in value than the amount of retention the City would otherwise be entitled
to withhold from progress payments due or to become due to the Contractor as the Work
progresses. The City shall withhold any retention amount that exceeds the security amount until
the additional securities are deposited and, if the deposit is with an escrow agent, the City has
confirmation from that escrow agent of the new total value of,securities. Upon satisfactory
completion of the Contract, which shall mean, among other things, that the City is not otherwise
entitled to retain proceeds from progress payments as elsewhere provided in the Contract or
under applicable law, the securities shall be returned to the Contractor. The City shall, within its
sole discretion, determine whether the amount of the securities on deposit with the City or
escrow agent is equal to or greater than the amount of estimated retention of progress
payments that could otherwise be held by the City if the Contractor had not elected to substitute
same with securities.
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9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent
As an alternative to the substitution of securities, as provided above, or the City otherwise
retaining and holding retention proceeds from progress payments, the Contractor may request
the City to make payments of retentions earned directly to an escrow agent with the same
qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its
sole expense, the Contractor may direct the investment of such retention payments into only
such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned
on such investments on the same terms provided for securities deposited by the Contractor.
Upon satisfactory completion of the Contract, which shall mean when the City would not
otherwise be entitled to withhold retention proceeds from progress payments had the Contractor
not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to
receive from the escrow agent all securities, interest and payments deposited into escrow
pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later
than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs
attributed to retention withheld from each Subcontractor, on the amount withheld to ensure
performance of the Contractor.
9-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then
the Subcontractor shall receive the identical rate of interest received by the Contractor on any
retention moneys withheld from the Subcontractor by the Contractor, less.any actual pro rata
costs associated with administering and calculating that interest. In the event that the interest
rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the
interest ratepaid during the time that retentions were withheld from the Subcontractor. If the
Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the
Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for
the release of moneys held in retention by the Contractor. The Contractor shall pay each
Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to
each Subcontractor from the moneys plus the respective amount of interest earned, net of costs
attributed to the retention held from each Subcontractor, on the amount of retention withheld to
ensure performance of the Subcontractor.
9-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430,
bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed upon between the Contractor and
the City. The Contractor shall be the beneficial owner of any securities substituted for any
monies withheld and shall receive any interest thereon.
9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention
The escrow agreement that shall be used for the deposit of securities in lieu of retention shall
substantially conform to the form prescribed in Public Contract Code Section 22300(f).
9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements
If there is any inconsistency between or differences in Public Contract Code Section 22300 and
the terms of this provision, or any future amendments thereto, Section 22300 shall control.
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9-4 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and
other written materials used by the Contractor in preparing its billings to the City as a condition
precedent to any payment to the Contractor or in response to a construction claim or a Public
Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly
furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject
to State Auditor examination and audit at the request of the City or as part of any audit of the
City, for a period of three (3) years after final payment under the Contract. The Contractor shall
include a copy of this Section 9-4 in all contracts with its Subcontractors, and the Contractor
shall be responsible for immediately obtaining those records or other written material from its
Subcontractors upon a request by the State Auditor or the City. If the Project includes other
auditing requirements, those additional requirements will be listed in the Special Provisions.
SECTION 10. ADDITIONAL TERMS
10-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation or military and veteran status. The Contractor understands and agrees that it is
bound by and will comply with the nondiscrimination mandates of all statutes and local
ordinances and regulations.
10-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the
Contractor a Notice to Proceed. The City will not authorize any Work to be done under these
Contract Documents before the Contract has been fully executed. Any Work that is done by the
Contractor in advance of such time shall be considered as being done at the Contractor's own
risk and responsibility, and as a consequence will be subject to rejection.
10-3 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 6-8.2 of the General
Provisions, by written action of the City, the Contractor shall have the charge and care thereof
and shall bear the risk of injury or damage to any part of the Work by the action of the elements,
criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good
all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance and shall bear the expense thereof, except for such injuries or
damages arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees. In the case of suspension of Work from any cause whatever, the Contractor shall
be responsible for all materials and the protection of Work already completed, shall properly
store and protect them if necessary, and shall provide suitable drainage and erect temporary
structures where necessary.
10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor
during the course of construction shall be replaced by the Contractor at its own cost. The cost
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of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown
in the Bid form and Specifications, and found necessary during the process of construction (but
not due to damage resulting from carelessness on the part of the Contractor during its
operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid.
10-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and
obstructions of any character encountered during the process of excavation. It is understood
that the cost of any such removals are made a part of the unit price bid by the Contractor under
the item for excavation or removal of existing Work.
10-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during
the Contractor's entire operation to ascertain compliance with the Contract requirements. The
City shall be responsible for the first series of tests. If the initial tests do not meet the Contract
requirements, the Contractor shall bear the cost of all subsequent tests.
If the City requires other tests or more specific requirements for testing regarding this Project,
those details will be included in the Special Provisions.
10-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all
fees and costs associated with securing permission to access private property for any portion of
the Project.
10-8 WORKING DAYS AND HOURS
The Contractor shall do all Work between the hours of 7:00 a.m. to 3:00 p.m., Monday through
Friday. No Work will be allowed on Sunday or City holidays, which are as follows: (see
Appendix III).
In addition, no Work will be allowed on any special election Day that may be declared. Should a
special election Day be declared, a time extension of one (1) Working Day will be granted for
each such Day.
A permit may have other hours or Days for the Contractor to do the Work, and those hours and
Days shall supersede any hours and Days written in this Section.
Whenever the Contractor is permitted or directed to perform night Work or to vary the period
during which Work is performed during the Working Day, the Contractor shall give twelve (12)
hours' notice to the City so that inspection may be provided. Also, a charge may be made to the
Contractor for approved overtime or weekend inspections requested by the Contractor.
10-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the
Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the
performance of the Work in dispute. The Contractor shall retain any and all rights provided that
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pertain to the resolution of disputes and protests between the parties. The Disputed Work will
be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by
mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all
Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract Documents or this Project, and the
consideration and payment of such claims, are subject to the Government Claims Act
(Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code
Section 20104 et seq. (Article 1.5) regarding the resolution of public works claims of three
hundred seventy-five thousand dollars ($375,000) or less. This Contract hereby incorporates
those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor
must file a claim in accordance with the Government Claims Act as a prerequisite to filing a
construction claim in compliance with Article 1.5, and must then adhere to Article 1.5.
10-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the
Project at any time. The City shall timely notify the Contractor of the receipt of any third-party
claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred
in providing this notice.
10-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes
and regulations in force at the time the Contractor performs pursuant to the Contract
Documents.
10-12 CONTRACTOR'S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under
penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed,
qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the
services in accordance with the terms and conditions set forth in the Contract Documents;
(b)there are no obligations, commitments, or impediments of any kind that will limit or prevent
its full performance under the Contract Documents; (c) there is no litigation pending against the
Contractor that could adversely affect its performance of the Contract, and the Contractor is not
the subject of any criminal investigation or proceeding; and (d) to the Contractor's actual
knowledge, neither the Contractor nor its personnel have been convicted of a felony.
10-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the
Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the
General Provisions that is or may likely make the Contractor"financially interested," as provided
in Government Code Sections 1090 and 87100, in any decisions made by the City on any
matter in connection with which the Contractor has been retained pursuant to the Contract
Documents.
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10-14 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to the Contract shall be in the Ventura County
Superior Court.
10-15 TIME
Time is of the essence in these Contract Documents.
10-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent
contractors. Neither the City nor any of its officials, officers, employees or agents shall have
control over the conduct of the Contractor, Subcontractors, or any of their officers, employees,
or agents, except as herein setforth, and the Contractor and Subcontractors are free to dispose
of all portions of their time and activities that they are not obligated to devote to the City in such
a manner and to such Persons that the Contractor or Subcontractors wish except as expressly
provided in these Contract Documents. The Contractor and Subcontractors shall have no
power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner,
or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not,
at any time or in any manner, represent that they or any of their agents, servants or employees,
are in any manner agents, servants or employees of the City. The Contractor and
Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and
to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and
interest asserted against the City by reason of the independent contractor relationship created
by the Contract Documents. The Contractor shall include this provision in all contracts with all
Subcontractors.
10-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter
herein, the interpretation of these Contract Documents shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Contract Documents or who drafted that portion of the
Contract Documents.
10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these
Contract Documents shall not be a waiver of any other condition of performance under these
Contract Documents. In no event shall the making by the City of any payment to the Contractor
constitute or be construed as a waiver by the City of any breach of covenant, or any default that
may then exist on the part of the Contractor, and the making of any such payment by the City
shall in no way impair or prejudice any right or remedy available to the City with regard to such
breach or default.
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10-19 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect
until the Contractor has fully rendered the services required by the Contract Documents or the
Contract has been otherwise terminated by the City. However, some provisions may survive
the term listed within this Section, as stated in those provisions.
10-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required
by these Contract Documents shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during the City's regular business
hours or (b) on the third (3rd) business day following deposit in the United States mail, postage
prepaid, to the addresses listed on the Contractor's Bid and City Hall, or at such other address
as one party may notify the other.
10-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract
Documents shall continue in full force and effect.
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SPECIAL PROVISIONS
SECTION 701
SPECIAL CONSTRUCTION REQUIREMENTS
(Not a Bid Item)
701-1 PERMITS
701-1.1 City Encroachment Permit: The Contractor is required to obtain a no-fee
Encroachment Permit from the City prior to commencing any construction within the
public right-of-way.
701-2 MOBILIZATION
Mobilization shall consist of preparatory work and operations including, but not limited
to, those necessary for the movement of personnel, equipment, materials, supplies, and
incidentals to the project sites, and for all other work operations which must be
performed, or costs incurred, prior to beginning work on the various contract items on
the project sites.
701-3 CONSTRUCTION SCHEDULE AND TRAFFIC CONTROL PLAN
One week prior to the Pre-Construction Conference, the Contractor shall submit to the
City for review: 1) a project Construction Schedule in accordance with the SSPWC
Subsection 6-1, "Construction Schedule and Commencement of Work," 2) Traffic
Control Plan addressing the requirements of Section 702, "Traffic Control, Construction
Signing and Traffic Maintenance," 3) a Stormwater Pollution Control Plan (SWPCP)
addressing the requirements of Section 703, of these Special Provisions, for the
affected project sites, and 4) hauling routes of asphalt concrete pavement materials.
The Contractor's sequence and scheduling of construction shall provide for on-street
parking within one hundred and fifty feet of any residence or business, if applicable,
unless otherwise authorized in writing by the City.
Any revisions to the originally approved Construction Schedule must be approved by
the Parks and Recreation Director, in writing, at least three working days prior to any
construction.
701-4 NOTICE TO PARK AND FACILITY USERS
The Contractor shall place notices, as applicable at least four working days prior to
restricting parking lot access or starting any work. Notices shall describe the impending
work, and shall identify dates of work and parking lot closure.
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701-5 CONSTRUCTION SURVEYING
The Contractor shall provide all necessary construction surveying to construct the
improvements as shown on the plans and described in these specifications.
The locations and limits of removal and construction of miscellaneous concrete and
asphalt concrete facilities will be staked or marked by the City in the field.
701-6 COORDINATION OF WORK
The Contractor shall coordinate the work with all respective utility companies for any
related relocations and/or construction work. The contractor shall also coordinate the
work with The U.S. Post Office at (805) 529-3596, The Moorpark Unified School District
at (805) 378-6300, the Ventura County Fire Protection District at (805) 389-9710, GI
Industries at (805) 522-9400 and Andersons Rubbish at (805) 526-1919, if work
operations are likely to limit site access by these companies to the work locations.
The Contractor shall make every effort to eliminate or minimize any impacts on U.S.
Post Office, Ventura County Fire Department, and school traffic.
701-7 REMOVAL OF MATERIALS
All materials which are to be disposed of, including but not limited to, saw-cut concrete
and asphalt concrete pavement, miscellaneous concrete, and excess excavated earth
and base material and other extraneous materials and debris, shall be removed
immediately from the construction site. No overnight storage of materials or debris will
be allowed in the parking lots or surrounding areas. All surplus and extraneous
materials and debris shall be disposed of by the Contractor at an approved landfill or
disposal site at the Contractor's expense, in accordance with the City's Construction
and Demolition Ordinance as outlined in 701-9.
701-8 EQUIPMENT AND MATERIALS STORAGE
The Contractor shall arrange and maintain a secure storage site(s) for all equipment
and materials. All equipment and unused materials shall be returned to this site(s) at
the end of each work day. The Contractor shall submit a route plan for the delivery of
materials to both the job and storage sites at least three (3) working days before
commencing work. •
701-9 PROTECTION OF EXISTING IMPROVEMENTS
During construction of the proposed improvements, extreme care shall be exercised to
protect existing public and private property improvements, such as concrete and block
walls, hardscape, fences, walks, brick planters, curbs, valves, asphalt, irrigation lines,
landscaping, garden lights, utility meters, drainage structures, posts, signs, garden
walls, mailboxes, etc., unless otherwise identified in these Special Provisions, or shown
on the Plans for relocation/removal/ reconstruction by the Contractor. The protection of
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existing improvements in place may require shoring and/or bracing depending upon the
condition of the facilities. Repair and/or replacement of any facilities damaged and/or
removed by the Contractor that are to remain, shall be at the expense of the Contractor.
No markings will be allowed on existing cross-gutters, spandrels, curb/gutters, and
sidewalks. All 'USA' and other markings shall be removed by the Contractor.
701-10 DUST AND NOISE CONTROL
The Contractor shall provide the means to prevent dust, grit, excessive noise and other
waste products from becoming a nuisance in and around the working areas. The
Contractor shall take such steps, with the approval of the City, to reduce or eliminate
such nuisance. The Contractor is required to control dust during the entire contract
period, including holidays and weekends.
The Contractor shall comply with Ventura County Air Pollution Control Board Rule 55,
Fugitive Dust (see Appendix E).
If the Contractor fails to control dust in accordance with these contract specifications,
the City reserves the right to hire another contractor or agency to perform such work on
a "force account" basis. The total cost for performing this work will be deducted from
the total price of this Contract.
701-11 SURVEY MONUMENT TIES ADJUSTMENTS
The Contractor shall locate, protect and save any and all survey monuments and ties
that will be, or may be damaged or destroyed by the Contractor's operation. All existing
nails and markers within the limits of sidewalks, curbs, curb/gutters, curb ramps and
streets, if applicable, shall be tied down by the City's Contract Surveyor prior to such
removals for subsequent adjustment and/or installation. Where a survey monument
and/or property corner tie will be removed due to this construction, the Contractor shall
save the monuments, markers, and appurtenances. The reinstallation of the actual
monuments and/or property corners will be accomplished by the City's Contract
Surveyor. A forty-eight hour notification to the City is required before removal of a
survey monument tie.
701-12 MAINTENANCE OF EXISTING DRAINAGE SYSTEM
The Contractor shall maintain the existing drainage system within the City parking lots
and the adjacent affected private property, if applicable, during the entire duration of the
construction. This item shall include erosion control where applicable.
701-13 SUBMITTALS
Subsection 2-5.3.3, "Submittals," is hereby supplemented as follows:
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Submittals (as applicable) shall consist of mix design and pre-testing of asphalt
concrete, aggregate base, and Portland Cement Concrete, material certification for tack
coat, crack seal, ground stabilization fabric (if applicable), pavement fabric (if
applicable). Tests will largely be performed in accordance with the City's adopted
Quality Assurance Program "QAP". The City will undertake plant inspections and testing
of special items such as asphalt concrete and aggregate base.
Three weeks prior to the use of any material, the Contractor shall provide written
certifications, shop drawings, and mix designs of all materials to be incorporated in the
work. The Contractor shall not deliver any or use such materials prior to the approval of
the City in writing.
701-14 PROGRESS PAYMENTS
The Contractor or its designated representative shall sign a monthly quantity payment
sheet of completed work in order to expeditiously process monthly progress payments.
701-15 WATER FOR CONSTRUCTION
Water for construction purposes as required by these specifications may be obtained
from Ventura County Water Works District No. 1, (805) 378-3000. The Contractor shall
make all arrangements to obtain and transport the water, and shall, at his/her own
expense, furnish and install all necessary metering, piping, and fittings. All costs
associated with water for construction shall be borne by the Contractor.
701-16 MEASUREMENT AND PAYMENT
No separate payment will be made for any other work or other features as required and
outlined in this Section, "Special Construction Requirements." Full compensation for
such work and features shall be considered as included in the contract unit or lump sum
prices bid for other applicable items of work, and no additional compensation will be
allowed therefore.
Subsection 9-2 is hereby modified as follows:
The Schedule of Values provided by the Contractor identifying the breakdown of lump
sum items shall be used to determine change order costs (additions or deletions) of
similar work.
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APPENDIX I
TECHNICAL SPECIFICATIONS
SECTION 702
TRAFFIC CONTROL, CONSTRUCTION SIGNAGE
AND TRAFFIC MAINTENANCE
(Bid Item No. 1)
702-1 DESCRIPTION
Traffic control, construction signing and traffic maintenance shall consist of all
traffic control involved in the Contractor's operations as required by these
Specifications.
702-2 CONSTRUCTION - TRAFFIC CONTROL DEVICES
Construction signing shall consist of furnishing, installing, maintaining and
removing construction signs, barricades, and arrow boards, as necessary to
ensure safe travel of the public through the worksite, if applicable. The traffic
control system shall be installed prior to starting work at each affected location and
shall not be removed until all work has been completed. The Contractor shall post
and maintain all necessary construction signs and flaggers, when necessary.
The Contractor, where directed and as approved by the City, shall furnish and
place temporary "No Parking" signs, 12 inches x 18 inches minimum size, in the
affected parking lots. The signs shall be placed two working days in advance of
any work. The signs shall include the day and the time during which parking will
not be permitted. These signs shall be posted on laths only. Trees, mailboxes,
utility posts, etc., shall not be used. The Contractor shall remove these signs
immediately when they are no longer needed.
The Contractor shall furnish, erect, maintain and remove when no longer
necessary traffic control devices including fences and barriers, when and where it
may be necessary to do so, in order to give adequate warning to the public of
conditions resulting from the Contractor's operations and to guide traffic through or
around the construction area. If the Contractor's operations interfere with existing
traffic, and regulatory measures and traffic control devices are not adequate to
safely control traffic, or if the nature of the work requires additional control, the
Contractor shall provide experienced flaggers to perform the function of traffic
control. While on duty, flaggers shall be properly attired and equipped.
The Contractor shall place and maintain barricades at each end of and along an
excavation, obstruction, or other restrictive condition and at distances of not more
than fifty feet apart along the length thereof. In addition, flashers or other approved
warning devices shall be placed at the same intervals/locations as the barricades
and shall be illuminated from sunset each day until sunrise of the following day.
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702-3 TRAFFIC MAINTENANCE
The Contractor shall cooperate with the City relative to handling traffic through all
work areas, and shall make his/her own arrangements relative to keeping the
working area clear of parked vehicles, and in maintaining clear and continuous
access to adjacent properties.
The Contractor shall provide for controlled pedestrian crossings through the work
area. Crossings shall provide pedestrians the means of passing over or through
the work without tracking either tack coat or hot asphalt concrete, or endangering
pedestrian safety.
Throughout the life of the project, safe, unobstructed and adequate pedestrian and
vehicular access shall be continuously provided and maintained to fire hydrants,
bus stops, and all affected property, unless otherwise approved in advance on a
specific location basis by the City. Care must be taken to comply with access
requirements, for those access points that serve as the sole access to one or more
properties.
Where non-motorized (pedestrian, equestrian, or bicycle) facilities exist, they shall
be maintained in passable condition or other facilities shall be provided. In areas
of high volume non-motorized traffic, the Contractor shall provide for controlled
pedestrian crossings through the work or schedule work to avoid peak non-
motorized volumes. Crossings shall provide for the existing non-motorized
volumes. The crossings shall provide a means of passing over or through the
work without tracking construction materials such as tack coat or hot asphalt
concrete.
The Contractor's equipment, and personal vehicles of the Contractor's employees,
shall not be parked on the traveled way nor on any section where traffic is
restricted at any time.
When material excavated for substructure construction is placed adjacent to the
trench or excavation, it shall be placed in such manner as to economize space and
minimize interference with traffic. If necessary, such material shall be confined by
suitable bulkheads or other devices. If the street is not of sufficient width to hold
excavated material without using part of an adjacent walkway, a passageway at
least one-half the width of such walkway shall be kept open at all times.
The Contractor shall cooperate with the City in locating all traffic control devices
required. If the Contractor fails to promptly. provide traffic control devices as
required under this Section, the City may, at its option, so provide them at the
Contractor's expense. The Contractor shall pay to the City, or the City may
deduct, the cost of such work from any moneys due the Contractor from the City.
702-4 PUBLIC RELATIONS, CONSTRUCTION PHASING, AND ACCESS
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Where applicable, project construction shall be phased to facilitate safe and
efficient traffic flow, and to maintain public relations and minimize the
inconvenience to the public.
702-5 MEASUREMENT AND PAYMENT
Measurement and payment for traffic control, construction signage, and traffic
control maintenance, including special traffic advisory signs shall be made at the
contract lump sum price, complete in place, as shown in the Bid Schedule.
The above price and payment shall be considered as full compensation for
furnishing all labor, materials, equipment, tools, transportation and incidentals, and
for doing all the work involved and necessary for traffic control, construction
signing and traffic control maintenance, complete in place, including preparation of
traffic control plans, notices, signs, barricades, delineators, sign relocations and
maintenance, flaggers, and auxiliary police services, as specified in the SSPWC
and these Special Provisions, and as directed by the City.
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SECTION 703
STORMWATER POLLUTION CONTROL
(Bid Item No. 2)
703-1 DESCRIPTION
The Contractor shall take all necessary steps during the project construction
period to prevent or reduce discharge of pollutants from the work sites to the City
storm drain system utilizing the following prevention measures:
• Maintain clean work sites through good housekeeping measures and
regular clean-up and disposal of all debris, storage materials, saw-
cut slurry, waste, etc.
• Eliminate discharge of sanitary water/septic waste to storm drain
system by providing convenient and well maintained facilities, and
regular service and disposal.
• Manage and operate construction vehicles and equipment in a
manner to prevent leaks, spills, and waste.
• Prevent and control the discharge of:
Soil Sediments
Concrete and mortar waste
Asphalt and bituminous materials
Chemicals from treated wood products
Paints, solvents, adhesives, and cleaning solutions
Soil, trimmings, and garden chemicals
Construction water from collecting and transporting pollutants
Saw-cut slurry materials
• Prevent pollution of the storm drain system during import, export,
stockpiling, and spreading or grading of earthwork materials.
For more detailed information and specifications for stormwater pollution control at
construction sites, refer to document entitled, "Stormwater Pollution Control
Guidelines for Construction Sites," which by reference forms a part of these
Special Provisions and is available at the Public Works counter.
To assure achieving the above requirements, a Stormwater Pollution Control Plan
(SWPCP) shall be submitted with the contract documents at least one week prior
to the Pre-Construction Conference for the City's review. The SWPCP shall
include the Contractor's proposed provisions for diverting and controlling water
around the project site, and the prevention of pollutant discharge as described
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herein. For more information contact the City's NPDES Coordinator at (805) 517-
6248
703-2 MEASUREMENT AND PAYMENT
Measurement and payment for Stormwater Pollution Control will be paid for at the
contract lump sum price bid as shown in the Bid Schedule.
The above contract price and payment shall be considered as full compensation
for furnishing all labor, materials, equipment, tools, transportation and incidentals,
and for doing all the work involved and necessary to accomplish the prevention
and control of pollutant discharge to stormwater, including good housekeeping
practices, containment of waste, control of construction site perimeter, vehicle and
equipment management, management of concrete and mortar products,
management of asphalt and bituminous products, stockpiles, paint, solvents,
solutions, dust control, and the preparation of the SWPCP, complete, as specified
in these Special Provisions, and as required by the federal NPDES for Stormwater
Pollution Control Program, and as directed by the City.
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SECTION 704
PAVEMENT SURFACE PREPARATION
(Bid Item No. 3)
704-1 GENERAL
Prior to placement of any slurry seal or asphalt concrete overlay, minor failures, such as
cracks 1/8-inch wide or wider at the pavement surface, shall be repaired. This repair
work shall consist of weed removal, crack cleaning and sealing, and patch cracks
greater than 1-inch wide, pavement spalls, and potholes by hand placing and
compacting with asphalt concrete hot mix. Where cracks have formed, and the
pavement has been raised creating a ridge, the Contractor shall remove the ridge by
chipping, grinding, or a method approved by the City, prior to filling the crack. Vacuum
or air generated type sweepers shall be used for surface preparation. Mechanical type
sweepers shall not solely be used.
704-2 CRACK SEALING
This work shall consist of routing and filling all cracks 1/8-inch wide or wider in asphalt
concrete pavement to receive slurry seal. Cracks shall be filled with sealant material,
meeting the following specifications. Excess crack sealing materials shall be removed
from the pavement surface by cold milling as directed by the City.
704-2.1 Routing
All cracks in the asphalt concrete pavement receiving sealant shall be routed by
mechanical means to a minimum width of 1/2 inch and 3/4 inch deep.
704-2.2 Blowing of Cracks
All cracks in the asphalt concrete pavement receiving sealant shall be blown
clean and free from dirt, debris and vegetation with compressed air at not less
than 100 psi.
704-2.3 Sealing
All properly prepared cracks shall be sealed by inserting a nozzle into the crack
and filling it from the bottom up with the approved sealant material, meeting the
following specification.
TEST PARAMETER SPECIFICATION LIMITS
Cone Penetration (ASTM D3407) 15—45
Resilience (ASTM D3407) 30% min.
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Softening Point, (ASTM D36) 200°F min.
Ductility, 77°F (ASTM D113) 30 cm-min.
Flexibility (Crafco Procedure) Pass @ 30°F
Asphalt Compatibility (ASTM Pass
D3047)
Bitumen Content (ASTM D3407) 60% min.
Tensile Adhesion (ASTM D3583) 400% min.
Safe Heating Temperature 400°F
Recommended Pour Temperature 380°F
Brookfield Viscosity, 4000 - 15000 cp
375°F (ASTM D3236)
704-2.4 Squeegeeing
After filling the cracks with the sealant, they are to be squeegeed with a "U"
shaped squeegee. The sealant shall not be left flush with the adjacent pavement
surface but remain down 1/4 inch below the adjacent pavement surface.
704-2.5 Equipment
The router shall be a two wheeled, impact router.
The sealant machine shall be a double boiler heat system capable of heating the
sealant to the manufacturer's recommendations without placing direct heat on the
sealant.
The compressor shall be a compressor capable of providing a minimum of 100
psi at the nozzle for removal of any debris, dirt or vegetation remaining in the
cracks after the routing.
The squeegee shall be a "U" shaped, rubber footed tool capable of leaving the
sealant 1/4 inch below the adjacent pavement surface, and without leaving excess
material in the cracks and any material on the adjacent pavement after filling.
704-3 GRASS AND WEED KILLING
At least one (1) week prior to crack sealing, any existing grass and weeds shall be
destroyed by application of weed killer. The application shall be performed by a person
or firm licensed for this type of work, using the chemical "Roundup" for the contact kill
(including application of the identification dye) and the chemical "Oust" as the pre-
emergent and long lasting kill, or approved equal.
The pre-emergent herbicide selected was recommended by a State of California
licensed pest control advisor and the application is approved for use in California.
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704- 4 MEASUREMENT AND PAYMENT
Measurement and payment for pavement surface preparation shall be made at the
contract unit price per square foot, complete in place, as shown in the Bid Schedule.
The above contract price and payment shall be considered as full compensation for
furnishing all labor, materials, tools, equipment, transportation and incidentals, and for
doing all the work involved and necessary for street surface preparation, complete in
place, including all crack cleaning, routing, sealing, grass and weed killing and removal,
pothole repairs, and disposal of all extraneous materials and debris, as shown on the
Plans, as specified in the SSPWC and these Special Provisions, and as directed by the
City.
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SECTION 705
PAVEMENT MILLING
(Bid Item No. 4)
705-1 SCOPE
The existing pavement adjacent to existing curbs, gutters, cross gutters or at the ends
of overlays, and at bridge approaches shall be cold planed as specified herein. Limits,
depths and dimensions of pavement milling are designated, herein, or on the Plans.
705-2 EQUIPMENT
The machine used for milling shall have performed satisfactorily on similar work and
shall meet the following requirements:
The milling machine shall be specially designed and built for milling of bituminous
pavements without the addition of heat. It shall have the ability to mill Portland Cement
Concrete patches in the bituminous pavement or Portland Cement Concrete
pavements. The cutting drum shall be a minimum of thirty (30) inches wide and shall be
equipped with carbide tip cutting teeth placed in a variable lacing pattern to produce the
desired finish.
The machine shall be capable of being operated at speeds of 0 to 40 feet per minute; it
shall be self-propelled and have the capability of spraying water at the cutting drum to
minimize dust. The machine shall be capable of removing the material next to the
gutter of the pavement being reconditioned and so designed that the operator thereof
can at all times observe the milling operation without leaving the controls. The machine
shall be adjustable as to slope and depth.
The Contractor's attention is directed to Subsection 7-4.2 "Air Pollution Control" of the
Standard Specifications.
705-3 CONSTRUCTION
After cold milling Contractor shall place asphalt concrete around all utility covers to
serve as a smooth transition from the existing surface to the top of the cover.
Contractor will be responsible for maintaining any temporary asphaltic fill material over
these facilities until the final paving surface is installed.
Remaining material around utility covers and at gutter lips shall be removed to the depth
of the adjacent milled surface after completion of milling. If pavement against utility
covers, gutter lips, or other features, cannot be removed by the milling machine,
Contractor shall use other means to remove this material.
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The surface of pavement after milling shall be uniformly rough. The grade shall not
deviate from a suitable straight edge more than three-eighths (3/8) inch at any point.
Milling may require more than one (1) inch removal of existing asphalt above gutter lips
in addition to the required depth below the gutter lip due to prior overlays.
Pavement against curb faces shall be removed to the full depth designated for that
particular section of roadway. If pavement against curb faces cannot be removed by
the milling machine, the Contractor shall use other means to remove this material.
705-4 REMOVAL AND DISPOSAL OF MATERIAL
During the milling operation, the Contractor shall sweep the street with mechanical
equipment and remove all loosened material from the project site until completion of the
removal work. The Contractor shall take all necessary measures to avoid dispersion of
dust.
All material removed shall be considered the property of the Contractor and shall be
disposed of by the Contractor at its expense. No material shall be stockpiled within City
right-of-way. In addition to removing the cold milled asphalt concrete, the contractor
shall remove_ any slurry seal or asphalt concrete which is adhered to the top of the
adjacent gutter, cross gutter or spandrel.
705-5 TEMPORARY TRANSITIONS
In addition to the provisions of Subsection 302-5.2 of the SSPWC, the Contractor shall
construct temporary pavement transitions at all vertical cold milled joints including but
not limited to manhole and utility covers, structures, and driveway approaches prior to
allowing traffic onto the cold milled areas. Temporary asphalt transitions shall be five
(5) feet per one inch of vertical cold milling depth at the drop off edge of cold milled joint,
measured perpendicular to the joint. Ramps shall be constructed the same day as cold
milled, continuously maintained, and removed the same day as final overlay cap paving.
Temporary pavement transitions shall be constructed on bond breaker material such
that upon removal of the temporary pavement transition, a clean notch remains. The
Contractor shall install "UNEVEN LANES" and "ROUGH ROAD" signs. Payment for
construction, removal, and disposal of temporary asphalt concrete ramps shall be
considered included in the item for cold milling.
705-6 MEASUREMENT AND PAYMENT
Pavement milling shall be made at the contract unit price per square foot, complete in
place, as shown in the Bid Schedule. Payment will be made at the unit price bid on the
basis of actual measured quantities of cold milling completed in accordance with the
Plans and these Special Provisions.
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Such payment shall be considered full compensation for providing all labor and
equipment and performing all work related to milling, including dust control and disposal
of the material removed, and all incidentals necessary to complete the work in
accordance with the Standard Specifications and these Special Provisions and as
directed by the City.
SECTION 706
ASPHALT TACK COAT
(Not a Bid Item)
706-1 DESCRIPTION
Work to be performed under this Section covers all labor, materials, tools, equipment
and incidentals necessary to furnish and apply, complete in place tack coat in
conjunction with the asphalt concrete overlay and other asphalt paving work. All such
work shall conform to the applicable provisions of the Standard Specifications, and
these Special Provisions.
706-2 MATERIALS
The tack coat shall be asphalt grade PG 64-10.
706-3 APPLICATION
The tack coat shall be applied as specified in Subsection 302-5.4 of the Standard
Specifications and these Special Provisions. The City will determine if the pavement is
sufficiently dry for the application of the tack coat. Tack coat shall not be applied when
the temperature of the surfaceto be tacked is below 40° Fahrenheit in the shade.
Contractor shall clean the surfaces so that they are free of dirt and debris prior to the
application of the tack coat. City Inspector shall approve surface prior to application of
tack coat. The tack coat shall be applied only so far in advance of paving as is
anticipated for that day's surfacing as permitted by the City Inspector. Any heated,
scarified, or recompacted pavement that is not overlaid and which becomes
contaminated with dirt, debris, dust, etc., or is left overnight shall have a tack coat
applied prior to overlaying.
Tack coat shall be applied to all vertical surfaces of existing pavements, curbs, gutters
and construction joints in the surfacing against which additional material is to be placed,
to a pavement to be surfaced and to other surfaces designated by the City Inspector.
Any tack material deposited on concrete surfaces not to be overlaid with asphalt
concrete will be removed within five (5) working days or the City will cause the work to
be done and any cost incurred shall be deducted from contract retention monies due.
Tack coat shall be applied in one application at a rate of between 0.05 and 0.10 gallon
per square yard of surface covered. Tack coat material shall be applied at a minimum
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350 degrees Fahrenheit (F) from a distributor truck with a heating element capable of
raising the temperature at least 3 degrees F per hour.
The tack coat shall be applied by distributor equipment at a uniform rate. In areas
inaccessible to the spray bar on the applicator truck, SS-1 h emulsion may be
substituted and applied from a hand wand at a rate of 0.08 gallons per square yard. In
any case where emulsified material is used, the tack coat shall be allowed to completely
break, that is turn completely black (not dark brown), prior to paving.
The area to which tack coat has been applied shall be closed to public traffic. Care shall
be taken to avoid tracking binder material onto adjacent surfaces. If the area is left
unattended, then appropriate "fresh oil" signs must be posted. The Contractor shall be
responsible for resolving all claims related to asphalt materials splashed/tracked
on vehicle, concrete, and private property.
The Contractor shall be responsible for protecting existing storm drain catch inlets and
to ensure that no.tack coat spoils are sprayed into storm drain inlets.
No tack coat shall be left exposed overnight. Immediately in advance of placing the
asphalt concrete overlay, additional tack coat shall be applied, as directed by the City,
to areas where the tack coat has been destroyed or otherwise rendered ineffective, and
no additional compensation will be allowed for such work.
Existing concrete curb faces, gutters and driveways shall be protected against
disfigurement from the asphalt. Residue of the tack coat material shall be removed
from curb faces, gutters and driveways by sandblasting to the extent required by the
City.
706-4 MEASUREMENT AND PAYMENT
No separate payment will be made for work or other Matures as required and outlined in
this Section, "Asphalt Tack Coat." Full compensation for such work and features shall
be considered included in the price bid for "Remove and Replace Asphalt Concrete"
and "Asphalt Overlay" and no additional compensation will be allowed therefore. Such
payment shall be considered full compensation for furnishing and maintaining all
materials, labor, equipment, and all incidentals necessary to complete the work in
accordance with'the Standard Specifications and these Special Provisions.
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SECTION 707
ASPHALT CONCRETE
(Bid Item No. 5)
707-1 GENERAL
The work shall consist of furnishing, spreading, and compacting asphalt concrete
pavement at locations shown on the Plans.
707-2 MATERIALS
Materials used shall be asphalt concrete a minimum of two inches (2") thick and shall be
Class C2 PG 64-10, as specified in Subsection 203-6 of the Standard Specifications.
707-3 CONSTRUCTION
Asphalt concrete shall be constructed as specified in Section 302-5 of the Standard
Specifications. Wheel stops at all locations where applicable, are to be removed.
707-4 DISTRIBUTION AND SPREADING
Placement of asphalt concrete shall be in conformance with Subsection 302-5.5 of the
Standard Specifications and these Special Provisions.
No longitudinal joints will be allowed.
The Contractor shall designate staging areas approved by the Inspector for trucks to
transfer trailers and perform clean out, if necessary. Trucks shall only use the approved
designated areas for these purposes.
To avoid picking up loose rock in the project area, the tires of all trucks must be lightly
oiled with linseed oil or soybean oil or approved equal, but not to the point of runoff.
Diesel fuel will not be allowed on the project for oil down of equipment.
The provisions of Subsection 7-2.1 of the Standard Specifications are hereby
incorporated into these Special Provisions, whereby incompetent operators shall be
removed from the work. Indications of lack of experience, or unfamiliarity with the
equipment or its operation will be considered incompetence.
The Contractor shall be responsible for protecting existing storm drain inlets, swales,
and culverts to ensure that no sand, gravel, rock dust, tack coat, asphalt, or spoils from
paving operations enter into storm drain inlets. All PCC, brick or other decorative
surfaces within 500 feet of the work limits that are to be crossed by trucks used to haul
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pavement material shall be covered with sand or other durable covering prior to
placement of asphalt concrete.
The Contractor shall have sufficient power brooms on site during all periods of
distribution and spreading to provide for cleanup of haul routes and work areas. Power
broom shall provide miscellaneous cleanup of pavement material spoils as directed by
the City's Project Representative.
707-5 ROLLING
Rolling of asphalt concrete shall be in conformance with Subsection 302-5.6 of the
Standard Specifications and these Special Provisions.
An extra breakdown roller shall be on site at all times, free of defects.
Breakdown rolling shall commence when the asphalt concrete is placed. Rolling shall be
accomplished with the drive wheel forward and with the advance and return passes in
the same line.
707-6 MEASUREMENT AND PAYMENT
Measurement and payment for Asphalt Concrete shall be made at the contract unit
price per square foot, complete in place, as shown in the Bid Schedule.
The above contract price and payment shall include full compensation for furnishing all
labor, materials, tools, equipment, transportation and incidentals, and for doing all the
work involved in subgrade preparation, constructing asphalt concrete pavement as
specified in the approved plans, Standard Specifications, and these Special Provisions.
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SECTION 708
SLURRY SEAL
(Bid Item Nos. 6 through 10)
708-1 GENERAL
The slurry seal work consists of furnishing all labor, materials, tools, equipment and
incidentals necessary for the complete application of emulsion-aggregate slurry (Type
II).
The material for the emulsion aggregate slurry shall conform to the requirements of
Subsection 203-5 and 302-4 of the SSPWC, except as modified herein.
Wheel stops at all locations where applicable, are to be removed and replaced with new
wheel stops in the same locations. The Contractor shall protect all metal manhole,
survey monument vault covers, and water valve covers during the slurry application.
After the slurry has been applied and cured, the Contractor shall remove all slurry
material attached to manholes, survey monument vault covers, and water valve covers.
The Contractor shall provide such flaggers and barricades as required to protect the
uncured slurry from vehicular traffic. Any damage to the uncured slurry shall be the
responsibility of the Contractor.
708-2 MATERIALS
Emulsion - aggregate slurry shall be Type II. The amount and type of accelerator used
shall be submitted to and approved in advance by the City.
Emulsified asphalt shall be Polymer modified quick-set type PM-CQS-1 h.
Prior to a change of emulsion, Contractor shall thoroughly clean all emulsion tanks and
mixing units to prevent any chemical reaction between the two emulsions.
Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s)
such that: (1) deliveries originate at the plant and arrive at the stockpile site within
normal work hours on the same calendar day, (2) delivery site and project name are
explicitly stated on each delivery ticket, (3) successive deliveries on the same calendar
day show the cumulative total for that day, (4) copies of all delivery tickets are delivered
to the City before the end of the working day, whereas any delivery tickets not so
delivered may be rejected by the City. Any deviation from this process must have the
prior approval of the City.
708-2.1 Aggregate
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Aggregate shall consist of sound, durable, crushed stone or crushed gravel and
approved mineral filler. The material shall be free from vegetable matter and
other deleterious substances. Aggregates shall be 100% crushed with no
rounded particles, volcanic in origin and black in color, as supplied by George
Reed, Table Mountain Plant, Sonora, CA., or equal. The use of gray or light-
colored aggregate will not be allowed.
708-2.2 Polymer Modified Emulsion
Polymer modified emulsion-aggregate slurry shall conform to Table 7042.1. (A).
Asphalt emulsions shall be composed of a paving asphalt base uniformly
emulsified with water and an emulsifying or stabilizing agent. Polymer modified
asphalt emulsions shall also contain a polymer.
The asphalt emulsion shall be homogeneous. Within 30 days after delivery and
provided separation has not been caused by freezing, the asphalt emulsion shall
be homogeneous after thorough mixing. The polymer used in the manufacture of
polymer modified asphaltic emulsion shall be, at the option of the Contractor,
either neoprene, ethylene vinyl acetate, or a blend of butadiene and styrene.
The emulsion supplier shall certify that the asphalt residue contains at least 2.5
percent polymer (dry weight) and that the polymer has either been added as a
solid polymer to the base asphalt, or has been added in the form of a latex at the
time of emulsion manufacture.
Polymer modified emulsified asphalt shall be kept in a suspended state by an
agitating mixer operated every 3 days.
•
Requirements for Polymer Modified Cationic Quick Setting Emulsions]
(PMCQSI h)
Properties Min. Max.
Test on Emulsions
Viscosity SSF, @ 77°F 15.0 90.0
Sieve Test, % -- 0.3
Storage Stability, 1 day, % -- 1.0
Residue by Evaporation 57.0 --
Particle Charge Positive --
Tests on Residue from Evaporation Test
Penetration, 77°F 40.0 90.0
Ductility, 77°F, cm 40.0 --
Absolute Viscosity @ 140°F, poise 2,250.0 --
Solubility in Trichloroethylene 97.0 --
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Quantitative Test for Polymer Content
Either; 18.0 --
Torsional Recovery, %
Or 2.5 3.0
Polymer Content in Residue, wt %
708-2.3 Test Reports and Certification
A certification of compliance shall be provided at least 48 hours prior to delivery
of emulsion to the project.
708-3 EQUIPMENT
708-3.1 General
A. Inspection: The Contractor shall provide the slurry application equipment
for inspection at the site or other location acceptable to the City at least
two working days prior to beginning work. Any equipment requiring repair
or replacement as determined by the City shall not be used on the work
until its condition is accepted by the City.
B. Maintenance: All equipment shall be maintained in a good state of repair,
i.e., no excessive oil leaks that could damage existing asphalt, concrete or
landscaped areas. All equipment safety guards shall be in place, hydraulic
hoses shall be in good condition. No equipment shall show potential
danger to the crews, passing pedestrians and motorists. Failure to comply
with this provision will be cause to have the equipment removed from the
job. Equipment considered by the City to be critical to the operation
including monitoring equipment such as meters and scales shall be
operational at all times.
C. Temperature Measuring Devices: All emulsion storage facilities shall have
temperature-measuring devices. Temperature measuring devices shall be
operational at all times when the storage facility is in use.
708-3.2 Trucks
Transit trucks shall not be used.
The Contractor shall furnish and continuously operate a minimum of 1 (1) truck
with approximately fourteen (14) ton capacity for each scheduled workday. The
number of trucks used each day shall be as shown on the approved schedule
unless otherwise approved in advance by the City. Failure by the Contractor to
adhere to this requirement will cause the City to sustain additional inspection
costs to be determined by the City which will be deducted from any
compensation due the Contractor.
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All trucks which the Contractor proposes to use that exceed the legal limit are
required to have overweight permits from the City.
Prior to the beginning of slurry operations, Contractor shall furnish, at no cost to
the City, a licensed weigh master's certificate indicating the net weight capacity
of the aggregate bin for each truck and the empty weight of the truck. The
certificate shall be dated no more than 60 days prior to construction.
708-3.3 Slurry Spreader Box
The Slurry Spreader Box shall be equipped with a steering device and suitable
drag to erase ridges. The drag rubber shall be new at the beginning of the
contract and shall be maintained in a good state of repair throughout the
contract. A minimum 2-foot length of burlap material shall be attached to the
entire width of the drag.
708-3.4 Continuous Flow Mixer
Continuous flow mixers shall conform to SSPWC Sec. 302-4.2.2 and shall be
equipped with a fines feeder for addition of accelerator and a thermometer for
indicating emulsion temperature.
708-3.5 Sweepers
Street sweepers for pre-slurry application cleaning shall be air-vacuum type
approved in advance by the City. Post application cleaning may be performed by
broom type sweepers approved in advance by the City.
708-3.6 Support Equipment
Support equipment such as front-end loaders and emulsion storage tank shall be
in good working order and sized adequately to maintain the slurry seal work
without interruption. Emulsion storage tank shall have a thermometer for
indicating emulsion temperature.
708-4 APPLICATION
708-4.1 General
Except where otherwise indicated herein slurry seal application shall be in
accordance with SSPWC Section 302-4.3.
No application of slurry shall occur until all pot holes are repaired, deep patching,
skin patching, crack sealing or other preliminary pavement repairs have been
completed, raised pavement markers removed; and pavement markings and
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striping removed by wet sand blasting. The surface of the pavement shall be
thoroughly cleaned by sweeping or other means necessary to remove all loose
particles of paving, all dirt and other extraneous material prior to the application
of slurry. No slurry seal shall be placed before 8:30 a.m. nor after 2:00 p.m.
No street shall be closed to traffic for more than four (4) hours after being
slurried, unless approved by the City.
No street shall be closed to traffic until immediately prior to slurry application.
Emergency vehicles shall be permitted to pass through the work area without
delay at all times.
Slurry seal must be placed according to an approved schedule in order to
minimize inconvenience to the traveling public and local automobile parking.
Schedule to be approved by the City prior to commencement of slurry
application.
Slurry shall be applied only when the temperature of the pavement is above 60°
F and the atmospheric temperature is at least 60° F and rising unless otherwise
directed. The slurry shall be properly proportioned, mixed, and spread evenly on
the surface as specified herein and as directed. The cured slurry shall have a
homogeneous appearance, fill all surface voids and penetrate cracks, adhere
firmly to the surface and have a skid-resistant texture.
708-4.2 Stockpiling
A. Contractor shall arrange with the City for appropriate areas for stockpiling
and batching. The stockpile areas shall be thoroughly cleaned, removing
all excess material and all material contaminated by spilled oil, and left
with a neat, orderly appearance upon completion of slurry operations in
that area.
B. Stockpile within a private property requires the consent of the owner and
owner's satisfactory completion of final cleanup/removal.
C. Any damage done to these areas as determined by the City shall be
corrected by the Contractor to the satisfaction of the City prior to final
payment.
D. The Contractor shall stockpile all slurry constituents at the same site for
the work in each area.
708-4.3 Preparation
A. The Contractor shall fill cracks prior to application of the slurry as specified
in Section 704 of these Special Provisions. Certain areas not appropriate
for crack filling, as determined by the City, will need to be cleaned by the
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452
Contractor. These areas shall be cleaned by blowing out debris with high-
pressure compressed air and the surrounding areas shall be swept the
same day.
B. Preparation shall include removal of pavement markers, trimming of
interfering shrubbery and ground growth, removing trimmed vegetation,
controlling nuisance water, and sweeping. Immediately prior to slurry
application, the surface shall be cleaned of dust, dirt, oil, grease,
vegetation and other foreign material.
C. Contractor shall remove existing raised pavement markers and
thermoplastic markings, where applicable, prior to the commencement of
any slurry application.
D. Any vegetation in the area of the slurry seal shall be removed.
E. All concrete surfaces to be joined by the slurry seal with exception of
longitudinal curb and gutter shall be covered prior to slurry application with
tar paper or other approved material.
F. All metal covers and survey markers within the street slurry seal areas
shall be protected by the Contractor in order that the slurry seal will not
adhere. The methods of protection shall be approved in advance by the
City's Inspector. These areas shall be cleaned no later than twenty-four
(24) hours or the following workday after the application of the slurry seal.
708-4.4 Mixing and Spreading
A. The first sentence of Subsection 302-4.3.2 is hereby deleted and replaced
with the following:
Slurry seal shall be placed only when the ambient temperature is above
60 degrees and rising. No slurry will be placed during inclement weather
or the threat thereof. Contractor shall bear the responsibility of
cancellation of work on these days and shall be responsible for any
damages which may arise from non-cancellation.
B. The second paragraph of Subsection 302-4.3.2 is hereby deleted and
replaced with the following:
The application of slurry shall be such that the Contractor complies with
the restrictions in Section 702-3 herein.
C. The following is hereby added to Subsection 302-4.3.2:
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453
Each slurry crew shall be composed of a coordinator at the project site at
all times, a competent quick-set mixing man, a competent driver, sufficient
traffic control personnel and sufficient laborers for any handwork and
cleanup.
D. No slurry seal shall be placed on a wet street or crossing without the City's
consent.
E. In areas with existing asphalt berms, the slurry application shall include
the entire berm.
F. Intersections and commercial driveways shall be completed in two or more
parts to allow ingress and egress to traffic.
G. When necessary to provide vehicular or pedestrian crossing over the fresh
slurry, the City will direct the Contractor to spread sufficient sand or rock
dust on the affected area to eliminate tracking or damage to the slurry.
Sand or rock dust used for this purpose shall be at the Contractor's
expense. Slurry aggregate is not acceptable for this application. The
texture and appearance of the sanded areas shall sufficiently match
adjacent work or the area shall be repaired as required by the City at the
Contractor's expense.
H. Contractor shall provide barricades and other traffic control devices as
necessary to eliminate traffic on areas of fresh slurry that might sustain
damage from such traffic. Any tracking of slurry seal on private property
will be the responsibility of the Contractor to correct.
I. The cost of cleanup and/or damage caused by vehicles tracking through
the slurry seal shall be born solely by the Contractor.
J. In lieu of the specified Sec. 302-4.3.2, slurry shall be applied with an
overlap of the concrete gutter of 1" (1 inch). Any slurry material exceeding
the 1" shall be removed by the contractor prior to completion of the
project. The overlap dimension of the longitudinal lap joint shall not
exceed 6" (six inches) unless directed otherwise by the City.
K. Where the completed slurry is not uniform in color, the affected areas shall
be treated to eliminate the color variation at the Contractor's expense. The
method of treatment shall be approved by the City.
L The Contractor shall sweep all streets including gutters after slurry
application. Additional sweeping may be required by the City at the
Contractor's expense if the City determines that sufficient loose material is
accumulating after the initial sweeping.
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454
M. The application rate shall not exceed 200,000 square feet per day on
residential streets and 300,000 square feet per day on commercial streets.
After 10 consecutive working days of operation, the Contractor may
request that these spread rates be increased. In consideration of the
Contractor's performance and in the interest of the project, the City may
elect to allow this change.
N. Revise Table 302-4.3.1 (A) to read for Type II Slurry: Type II slurry shall
be applied at a rate between 1,400 square feet per Extra Long Ton (ELT) on very
smooth surfaces and 1,100 square feet per ELT on extremely coarse surfaces as
determined by the City.
708-4.5 Rolling
After application, all areas receiving slurry seal shall be rolled with a rubber-tire
roller. Rolling shall be performed with two complete passes by a 12-ton nine-
wheel rubber tired roller with a tire pressure of 50 psi and maintained so that the
air pressure will not vary more than 5 psi from the designated pressure. Rolling
shall be performed after slurry is applied and as soon as it sets up enough to
support the roller and not pick up slurry on the tires.
Areas of shade on the pavement that set up more than 10 minutes later than
other areas shall be rolled separately, but as soon as they set up sufficiently to
meet the requirements herein. Insufficient rubber-tire rollers to meet these
requirements shall be cause for termination of slurry operations until rolling can
keep pace with slurry spread.
708-4.6 Test Sections
At least five (5) working days prior to commencement of work and prior to issuing
notifications to property owners, Contractor shall perform test sections for review
and approval by the City for slurry to be used in the contract. Test sections shall
include pavement preparation, crack routing and sealing, and cured slurry seal
open to traffic all in conformance with these specifications.
The area of the test sections shall be at least 5,000 square feet. The test section
locations shall be in the area of the work. The test section locations shall be in
the area of the work and shall be completed prior to 11:00 a.m. to allow for
minimum delay of test results. Test section locations shall be approved by the
City prior to placing slurry.
If the tested materials and workmanship do not meet specifications, the
Contractor shall arrange with the City for subsequent test section locations,
sampling, testing and monitoring. All expenses to the City for subsequent test
sections shall be reimbursed by the contractor by deduction from the contract
price.
- 82000-0016\1800815v4.doc Appendix VI
455
The Contractor shall not begin slurry application until the test sections have
received written approval by the City. The approved mix design and test section
results shall determine the mixing parameters for this project.
708-4.7 Monitoring
The Contractor shall facilitate the following testing and monitoring activities to be
performed by the City:
A. Obtaining load tickets for materials delivered to the stockpile sites (to be
given to the City the same day the material is received).
B. Obtaining. tare and loaded weights for each load on each truck at the
stockpile site. (Note: If the Contractor agrees to fill oil and water prior to
weighing loaded trucks, the tare weight need only be taken as required by
the City.)
C. Obtaining measurements of emulsion and water added for each truck at
the stockpile site.
D. Obtaining volumetric measurements of rubberized slurry for each truck.
E. Sampling for Wet Track Abrasion Testing at the work sites.
F. Measurement of street area covered.
G. Monitoring of work quality and traffic control.
708-5 MEASUREMENT AND PAYMENT
Measurement and payment for slurry seal, shall be made at the contract unit price per
square foot, complete in place, as shown in the Bid Schedule.
The above contract price and payment shall for slurry seal shall be considered as full
compensation for furnishing all labor, materials, tools, equipment, transportation and
incidentals for doing all the work involved and necessary for constructing slurry seal,
complete in place, including disposal of all extraneous materials as shown on these
plans, as specified in the SSPWC and these Special Provisions, and as directed by the
City.
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456
SECTION 709
REMOVE & REPLACE ASPHALT CONCRETE
(Bid Item No. 11)
709-1 GENERAL
The work of Remove & Replace Asphalt Concrete consists of removing and replacing
the existing asphalt concrete and base if necessary, recompaction and moisture
conditioning of the base installation of a full depth section of asphalt concrete (dig out).
709-2 MATERIALS
Materials used shall be asphalt concrete as specified in Subsection 203-6 of the
Standard Specifications. The class of combined aggregate grading and grade of
asphalt shall be Class C2 PG 64-10.
709-3 CONSTRUCTION
The City shall mark the locations of each asphalt repair. The asphalt concrete shall be
removed full depth (assume four (4) inches). The edges of the removal area shall be
neatlysaw cut. Any removed material shall be removed from the site. If base rock is
exposed, the surface shall be moisture conditioned to within 2% of optimum and
compacted to 95% relative density.
Asphalt concrete shall be constructed as specified in Section 302-5 of the Standard
Specifications.
Where asphalt is to be removed and replaced within the same location that has been
disturbed by tree roots, the base shall be over excavated an additional 12 inches and
any tree roots encountered removed.
709-4 DISTRIBUTION AND SPREADING
Placement of asphalt concrete shall be in conformance with Subsection 302-5.5 of the
Standard Specifications and these Special Provisions.
No longitudinal joints will be allowed.
The Contractor shall designate staging areas approved by the City for trucks to transfer
trailers and perform clean out, if necessary. Trucks shall only use the approved
designated areas for these purposes.
To avoid picking up loose rock in the project area, the tires of all trucks must be lightly
oiled with linseed oil or soybean oil or approved equal, but not to the point of runoff.
Diesel fuel will not be allowed on the project for oil down of equipment.
82000-0016\1800815v4.doc Appendix VI
457
The provisions of Subsection 7-2.1 of the Standard Specifications are hereby
incorporated into these Special Provisions, whereby incompetent operators shall be
removed from the work. Indications of lack of experience, or unfamiliarity with the
equipment or its operation will be considered incompetence.
The Contractor shall be responsible for protecting existing storm drain inlets, swales,
and culverts to ensure that no sand, gravel, rock dust, tack coat, asphalt, or spoils from
paving operations enter into storm drain inlets. All PCC, brick or other decorative
surfaces within 500 feet of the work limits that are to be crossed by trucks used to haul -
pavement material shall be covered with sand or other durable covering prior to
placement of asphalt concrete.
The Contractor shall have sufficient power brooms on site during all periods of
distribution and spreading to provide for cleanup of haul routes and work areas. Power
broom shall provide miscellaneous cleanup of pavement material spoils as directed by
the City's Project Representative.
709-5 ROLLING
Rolling of asphalt concrete shall be in conformance with Subsection 302-5.6 of the
Standard Specifications and these Special Provisions.
An extra breakdown roller shall be on site at all times, free of defects.
Breakdown rolling shall commence when the asphalt concrete is placed. Rolling shall be
accomplished with the drive wheel forward and with the advance and return passes in
the same line.
709-6 MEASUREMENT AND PAYMENT
Measurement and payment for remove and replace asphalt concrete shall be made at
the contract unit price per square foot, complete in place, as shown in the Bid Schedule.
The above contract price and payment shall include full compensation for furnishing all
labor, materials, tools, equipment, transportation and incidentals, and for doing all the
work involved in subgrade preparation, constructing asphalt concrete pavement as
specified in the approved plans, Standard Specifications, and these Special Provisions.
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458
SECTION 710
ADJUST UTILITY AND SURVEY MONUMENT COVERS
(Bid Item No. 12)
710-1 SCOPE OF WORK
All manhole, utility valve, sewer clean-outs, and survey monument covers shall be
adjusted to finish grade after slurry seal and paving operations are completed as
directed by the City. The work includes manhole frames, grates, covers, utility valve
and survey monument covers. All covers shall be marked and protected as specified
herein.
710-2 CONSTRUCTION
The Contractor shall mark, as approved by the City, and completely protect with heavy
plastic or other suitable material, all utility covers or other items which are visible on the
surface and will be covered by his operations. This shall be completed prior to the start
of that operation, and approved by the City.
For all sewer manhole covers, if applicable, the Contractor shall ensure that the pick
hole is clear of all asphaltic or fabric materials immediately after each stage of work,
thus enabling identification of any sewer system back-up by the visible presence of
effluent. The Contractor shall also scribe an "X" into the fresh pavement over all utility
covers immediately after each stage of work, to assist crews in locating any covered
manhole or valve.
All manhole, utility valve, and survey monument covers shall be raised to grade after
construction of the final resurfacing materials. The length of time between paving and
the raising of any given cover shall not exceed seven (7) days. Care shall be taken to
keep frames and covers clean. Any materials that have adhered to the frames and
covers shall be removed.
The concrete around the manholes shall be left 1-1/2" lower than the adjacent
pavement. The surface shall be tack coated with 0.10 gallons per square yard and
paved with Type D-3 asphalt concrete. Immediately after placement, the surface shall
be sand sealed.
710-3 MEASUREMENT AND PAYMENT
Measurement and payment for adjusting utility and survey monument covers to finish
grade shall be made at the contract lump sum price bid, complete in place, as shown in
the Bid Schedule.
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459
The lump sum price shall include full compensation for furnishing all labor, materials,
tools, equipment, transportation, and incidentals for adjusting utility and survey
monument covers in accordance with the Contract Documents.
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SECTION 711
TRAFFIC SIGNING AND PAVEMENT DELINEATION
(Bid Item No. 13)
711-1 GENERAL
Traffic signing and pavement delineation shall consist of the restoration of the existing
traffic striping and pavement markings, parking space markings, reflective and non-
reflective raised pavement markers (including blue hydrant markers), providing traffic
signs, and temporary lane line delineation. The Contractor shall locate and reference
any existing pavement striping and marking prior to starting any work at any location.
The pavement shall be delineated as specified in these Special Provisions, and as
directed by the City.
The traffic signs, traffic paint, raised pavement markers, reflective materials, the
application of new thermoplastic striping, and .pavement markings, the installation of
new raised pavement markers, .and the removal of existing signs, striping, pavement
markings and raised pavement markers shall conform to the provisions in the SSS
Sections: 56, "Signs"; 84, "Traffic Stripes and Pavement Markings"; and 85,
"Pavement Markers"; in addition to the Standard Plans, and these Special Provisions.
The SSS Measurement and Payment clauses are hereby deleted.
711-2 REFLECTIVE AND NON-REFLECTIVE RAISED PAVEMENT MARKERS
Raised pavement markers shall be supplied and be placed in accordance with the SSS
Section 85 and these Special Provisions, where applicable.
Pavement markers shall be the same type and color as existing, and the work shall be
in conformance with the SSS Subsection 85-1. A materials certificate of compliance will
be required prior to the placement of any markers. Placement of the markers shall be in
conformance with the provisions of the SSS Subsection 85-1.06. Pavement markers
shall be in place no sooner than fourteen (14) days after the surface course of
pavement has been opened for use.
711-3 PAVEMENT DELINEATION
Replacement striping, pavement legends and symbols shall be painted and raised
markers the same as existing. Striping, pavement legends and symbols shall not be
placed until spotted and the spotting is approved by City. All striping and markings shall
be completed within 14 days of completing the paving or slurry seal.
Striping details, pavement legends and symbols shall conform to those in Caltrans
Standard Plans, current edition. Pavement legends and symbols shall be white, unless
noted otherwise.
82000-0016\1800815v4.doc Appendix VI -
461
All conflicting existing striping and pavement markers, which will not be covered by new
construction shall be removed by wet sandblasting. Painted lines and markings shall be
removed by wet sandblasting. In areas adjacent to the pavement overlay where
existing striping must be revised to conform to a revised striping pattern on the overlay,
conflicting striping shall be removed by wet sandblasting.
711-4 TRAFFIC SIGNS
All details and dimensions for traffic signs shall conform to the Caltrans Sign
Specifications, Traffic Manual, Maintenance Manual, and Standard Plans and Standard
Specifications. Copies are available from the Caltrans Central Publication Distribution
Unit, 6002 Folsom Boulevard, Sacramento, CA 95819. All signs shall be reflectorized
high intensity sheeting on 0.080 inch thick 5052H38 aluminum. Materials shall be
certified by the manufacturer as meeting all applicable specifications.
Sign posts shall be 2-3/8 inch O.D., SCH. 40, galvanized steel pipe, except free-
standing Type K markers may use wide flange metal posts. Sign installation hardware
shall be vandal resistant. Wood posts and wide flange metal posts are not acceptable.
In dirt areas, sign posts shall be embedded 24-inches into an 8-inch diameter by 24-
inch deep PCC foundation. In existing pavement areas, sign posts shall be driven 24-
inches through a core-drilled hole and then grouted in place. In new pavement areas
(paved medians and sidewalks), sign posts shall be driven 24-inches through a 6-inch
diameter pavement sleeve and then grouted in place.
Prior to installation, the Contractor shall verify with the City the precise locations of all
traffic signs.
Traffic signs to be relocated shall be removed and re-set on the existing posts/sleeves
or better. It shall be the Contractor's responsibility to protect the signs and
posts/sleeves during relocation for their re-use. Signs and posts/sleeves damaged
during relocation shall be replaced at the Contractor's expense, in accordance with
these Special Provisions.
711-5 TEMPORARY MARKINGS
Temporary pavement delineation shall be furnished, placed, maintained and removed in
accordance with the provisions in the SSS Section 12-3.01, "General," and these
Special Provisions. Nothing herein shall be construed as to reduce the minimum
standards specified in the Manual of Traffic Controls, or as relieving the Contractor from
his/her responsibility as provided in the SSS Section 7-1.09, "Public Safety."
Lane line and/or centerline pavement delineation where pre-existing or shown to be
installed in like kind shall be provided at all times for traveled ways open to public traffic.
Whenever the work causes obliteration of any pavement delineation, temporary
82000-0016\1800815v4.doc Appendix VI -
462
pavement delineation or permanent traffic stripes delineation of the appropriate color
and detail shall be in place prior to opening the traveled way to public traffic. The
delineation shall be placed in the location shown on the striping plans for permanent
delineation (modified if necessary to provide a proper length transition to an adjacent
Segment).
Surfaces on which temporary pavement delineation is to be applied shall be cleaned of
all dirt and loose material and shall be dry when the pavement delineation is applied.
All work necessary to establish satisfactory lines for temporary pavement delineation
shall be performed by the Contractor. Temporary pavement delineation that is
damaged from any cause during the progress of the work shall be immediately repaired
or replaced by the Contractor at the Contractor's expense.
Temporary reflective pavement markers shall be applied in accordance with the
manufacturer's recommendations. Butyl adhesive pads shall be used to apply
temporary reflective pavement markers to the top layer of permanent surfacing or
existing surfacing.
Temporary pavement delineation shall be maintained until replaced with the planned
permanent pavement striping.
Full compensation for furnishing, placing, maintaining, and replacing (regardless of the
number of times it is required) temporary pavement delineation, and for removal and.
disposal of the temporary reflective pavement markers shall be considered as included
in the contract prices bid paid for the various items of work and no separate payment
shall be made therefore.
Full compensation for removing and disposing of existing or temporary pavement
markers shall be considered as included in the contract unit price bid for traffic signing
and pavement delineation and no separate payment shall be made therefore.
711-6 PAINT PAVEMENT MARKING MATERIAL
Paint shall be applied at a rate of 16 to 18 gallons per mile of solid 4-inch wide stripe
(one gallon for every 98 square feet). The dry paint film thickness shall be eight to ten
mils. Two (2) coats of paint shall be applied with adequate drying time between
applications. Glass beads shall conform to the requirements of State Specification
8010-22. All work to be completed and in place in accordance with project
specifications, permits, and as directed by the City.
711-7 MEASUREMENT AND PAYMENT
Measurement and payment for traffic signing and pavement delineation shall be made
at the contract lump sum price bid, complete in place, as shown in the Bid Schedule.
82000-001611800815v4.doc Appendix VI -
463
The above contract price and payment shall be considered as full compensation for
furnishing all labor, tools, equipment, materials, transportation and incidentals, and for
doing all the work involved and necessary for construction of traffic signing and
pavement delineation, complete in place, as specified in the SSS and these Special
Provisions.
Damage of any signs, posts or post sleeves as a result of the construction operations,
shall be considered as included in the contract unit lump sum prices bid for other
applicable items of work, and no additional compensation will be allowed therefore.
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464
APPENDIX II
STORMWATER POLLUTION CONTROL PLAN (SWPCP)
82000-0016\1800815v4.doc - Appendix VII
465 •
APPENDIX III
CITY HOLIDAYS — 2017
Monday, January 2: New Year's Day
Monday, January 16: Martin Luther King, Jr. Day
Monday, February 20: Presidents Day
Friday, March 31: Cesar Chavez Day Observed
Monday, May 29: Memorial Day
Monday, July 3: Extended 4th of July
Tuesday, July 4: 4th of July
Monday, September 4: Labor Day
Friday, November 10: Veterans Day
Thursday, November 23: Thanksgiving Day
Friday, November 24: Extended Thanksgiving Holiday
Monday, December 25: Christmas Day
82000-0096\1800815v4.doc Appendix VIII
466
APPENDIX IV
PROJECT PLANS
Appendix IV
82000-0016\1919347v1.doc
467
CITY OF MOORPARK
ARROYO VISTA COMMUNITY PARK
PAVEMENT REHABILITATION
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SCALE:N.T.S. SCALE N.T.S. SCALE N.T.S.
GENERAL NOTES ABBREVIATIONS
AC ASPHALT CONCRETE PB PULL BOX
I. A PRECONSTRUCTION CONFERENCE OF ALL INTERESTED PARTIES SHALL BE AP ANGLE POINT PCC POINT OF COMPOUND CURVE
HELD PRIOR TO ANY PAVING. BC BEGIN CURVE PA. PROPERTY LINE
BVC BEGIN VERTICAL CURVE PROP PROPOSED SHEET INDEX
2. ALL CONSTRUCTION,PAVING,STORAGE AND TRANSPORTATION ACTIVITIES BW BACK OF WALK PRC POINT OF REVERSE CURVE SHEET NO. DESCRIPTION
WILL BE CONDUCTED INA MANNER CONSISTENT WITH THE STORM WATER CA. CENTERLINE RM RECORD MAP
POLLUTION CONTROL PLAT/STORM WATER POLLUTION PREVENTION PLAN CP CONTROL POINT RAN RIGHT OF WAY 1 TITLE SHEET
SUBMITTED FOR THIS PROJECT AND THE VENTURA COUNTYWIDE STORM CF CURB FACE SVC SYCAMORE 2 ACCESS ROAD STA MO TO STA/7+73.N
WATER QUALITY MANAGEMENT PROGRAM ROPES PERM'TO.CAS004002 DIA DIAMETER SCRBX SCRIBED(CUT CROSS IN CONCRETE 3 ACCESS ROAD STA 17+73.51 TO STA 21+21.31 AND PARKING LOTA
AND CALIFORNIA STORM WATER BEST MANAGEMENT PRACTICES(BMPS) E ELECTRICAL SPPWC STANDARD PLANS FOR PUBLIC
HANDBOOKS.A COPY OF THE STORM WATER POLLUTION CONTROL PLAN EC END CURVE WORKS CONSTRUCTOR 4 ACCESS ROAD STA 21+24.3"TO STA 32+3337 AND PARKING LOTS
AND/OR STORM WATER POLLUTION PREVENTION PLAN WILL BE ON SITE AND ELJELEV ELEVATOR TC TOP OF CURE 6 ACCESS ROAD STA 32+3337 TO STA 38+73
AVAILABLE FOR RENEW AT ALL TIMES DURING CONSTRUCTION. EX EXISTING TR TREE 8 ACCESS ROAD END BTA 35+73 AND PARKING LOT C
EVC END VERTICAL CURVE TW TOP OF WALL
3 PRIOR TO INITIATION OF ANY WORK,ALL APPROPRIATE PERMITS WILL BE EO EQUAL TM TYPICAL 7 PARKING LOT D
PROCURRED AND COPIES PROVIDED TO THE CITY ENGINEER. FL FLOW LINE VAR VARIABLE
FS FINISH SURFACE VERT VERTICAL
4 REGULAR WATERING OF SITE WILL BE REQUIRED TO CONTROL DUST.ALL FOW FACE OF WALL VC VERTICAL CURVE
7
MEASURES SHALL BE TO THE SATISFACTION OF THE CITY ENGINEER. GALV GALVANIZED W WATER
g OP GUARD POST
Be 6. ANY RECORDED MONUMENTS IN THE CONSTRUCTION AREA SHALL BE GR.BK. GRADE BREAK
gF LOCATED AND TED OUT AND SHALL BE PROTECTED IN PLACE DURING ORND GROUND
CONSTRUCTION. Ice IRRIGATION CONTROL BOX BENCH MARK DATA
#; ICV IRRIGATION CONTROL VALVE VENTURA COUNTY BENCH MARK 37.14 RM 1 ELM88.188 FT.(NAND 68).A
c S. INTHE PROJECT IS OPEN TO THE PUBLIC.THE CONSTRUCTION SITE WORK LF. LINEAR FEET VENTURA COUNTY BRASS DISK LOCATED 0.6 MI.SOUTHERLY ALONG TERRA
g€ AREA SHALL BE SECURED AT ALL TIMES DURING NON WORKING HOURS. MINX
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AVENUE),AT THE SOUTHEAST CORNER OF A BRIDGE OVER ARROYO MMI.
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ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC.
FOR BID PHASE AND CONSTRUCTION MANAGEMENT SERVICES FOR ARROYO
VISTA PARK PAVEMENT REHABILITATION PROJECT
THIS AGREEMENT, made and effective as of this day of
2017, between the City of Moorpark, a municipal corporation ("City") and Phoenix Civil
Engineering, Inc, a corporation ("Consultant"). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for bid phase and construction management
services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated February 21,
2017, which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide engineering peer review and construction management
services for the Civic Center Accessibility Improvements Project, as set forth in Exhibit
C. In the event there is a conflict between the provisions of Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or contract value of
fifty thousand three hundred forty-one dollars ($50,341.00), without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
Phoenix Civil Engineering, Inc. Page 1 of 16
475
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Jon Turner, 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 Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed fifty thousand three
hundred forty-one dollars ($50,341.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant 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 and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if.
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant 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 or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
Phoenix Civil Engineering, Inc. Page 2 of 16
476
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any_portion hereof, by serving upon the Cons_ultantatleast_ _
ten—OM-614s prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
. In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the, date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the.Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant 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 Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant 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,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
Phoenix Civil Engineering, Inc. Page 3 of 16 477
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant 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. Consultant shallmaintain 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. Consultant shall provide
free access to the representatives of City or the City's 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, togetherwith 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 without cause 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, Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels' fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its employees, officials and
Phoenix Civil Engineering, Inc. Page 4 of 16
478
agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels' fees and costs, court costs, interest, defense costs, and expert witness fees),
where-the-same-arise out of,-are aconsequence of-or are-in-any-way attributable to,in
whole or in part, the performance of this Agreement by Consultant or by any individual
or agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain-executed indemnity -agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant 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 Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance-by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant 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
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant 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 or
employees, or agents of the City except as set forth in this Agreement Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
Phoenix Civil Engineering, Inc. Page 5 of 16
479
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to-Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service. pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code. Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant 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 Consultant, or any officer,
employee, or agent.of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Phoenix Civil Engineering, Inc. Page 6 of 16
480
Services 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 Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant 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.
Consultant further covenants-that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant 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 Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Jon Turner
Phoenix Civil Engineering, Inc.
4532 Telephone Road, Suite 113
Ventura, California 93003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW -
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
Phoenix Civil Engineering, Inc. Page 8 of 16
482
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 allfacts such party deems material:
26. 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.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. 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.
30. 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.
31. AUTHORITY TO EXECUTE
The person .or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
Phoenix Civil Engineering, Inc. Page 9 of 16
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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 PHOENIX CIVIL ENGINEERING, INC.
Steven Kueny, City Manager Jon Turner, Principal Engineer
Attest:
Maureen Benson, City Clerk
•
Phoenix Civil Engineering, Inc. Page 10 of 16
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant 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 the 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.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"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 are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of" the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Phoenix Civil Engineering, Inc. Page 11 of 16
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Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf" basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
• insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Best rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or.Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
Phoenix Civil Engineering, Inc. Page 12 of 1'6 4 8 6
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any 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, the 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 the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer willprovide thirty (30) days notice to
- the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required)to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, 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. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant 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
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant 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 contemplated by
this Agreement to self-insure its obligations to the City. If Consultant'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 Consultant, which may include reduction or elimination of the
Phoenix Civil Engineering, Inc. Page 13 of 16
487
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
'specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor 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 limiting or all-
inclusive.
Phoenix Civil Engineering, Inc. Page 14 of 16 4 8 8
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
•
Phoenix Civil Engineering, Inc. Page 15 of 16 489
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
"(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
•
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports."
For all Professional Services Agreement with a total,dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
XYes I=1 No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $50,341.00
2. Dollar amount of Subcontract: $
3. Does the total contract amount represent compensation for multiple
documents or written reports? X Yes ❑ No
I have read the foregoing Code section and will comply with Government Code §7550.
Phoenix Civil Engineering, Inc.
Jon Turner, Principal Engineer Date
Phoenix Civil Engineering, Inc. Page 16 of 16
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Exhibit C
ya:b.: Phoenix Civil Engineering, Inc.
f F :
4532 Telephone Road. Ste. 113 Ventura. Co 93003 805.658.6800
info a phoenixcivil.com wnwww.phoenixcivil.com
Mr. Jeremy Laurentowski February 22,2017
City of Moorpark
799 Moorpark Ave.
Moorpark,CA 93021
City of Moorpark—Arroyo Vista Park Pavement Rehabilitation Project—Proposal for Bid Phase
and Construction Management Services
Dear Mr. Laurentowski-
I am pleased to provide you with this proposal for bid phase and construction management services
associated with the Arroyo Vista Park Pavement Rehabilitation project. The proposed improvements
consist of grind and overlay of a portion of the access road,slurry seal treatment of the parking lots(B,C
and D)as well as the remaining access road. Areas of additional pavement excavation(dig outs)are also
included in the project. Restriping of the existing striping is included in the plans. Based on my
understanding,I have prepared my revised proposal to include the following:
Task 101: Prebid Meeting
Task 102: Response to Requests for Information/Addenda
Task 201: Preconstruction Meeting
Task 202: Submittal Review
Task 203: Response to Requests for Information
Task 204: Site Visits
Task 205: Project Management
I appreciate the opportunity to submit this proposal to assist you with this project. I have attached a scope
of work and our professional services rate sheet along with a fee schedule detailed by task.
Please let me know if you have any questions or would like to discuss my proposal.
Since ely, ;•
Air�IO r
22 Jo Turner, P
Pr' cipal Eng' eer
•
491
February 22,2017
Scope of Services
Background/Project Understanding
Arroyo Vista Park is located in the City of Moorpark. The City has four parking lots and an access road
that starts at Tierra Rejada and terminates at Parking Lot C. The proposed improvements consist of grind
and overlay of a portion of the access road,slurry seal treatment of the parking lots(B, C and D)as well
as the remaining access road. Areas of additional pavement excavation(dig outs)are also included in the
project. Restriping of the existing striping is included in the plans. Based on my understanding,I have
prepared my revised proposal to include the following:
Bid Phase Services
The bid phase services preparation for and attendance at the pre bid meeting with the prospective
contractors and preparation of responses to Requests for Information or project addenda is also included.
The following efforts are included in this task:
• Task 101 Preparation for and attendance at the project pre bid meeting with the prospective
contractors and City staff. The meeting will be held at the City offices and/or the proposed
construction site. Meeting agenda and meeting summary will be prepared.
• Task 102 Respond to contractor's requests for information(RFIs). It is anticipated that up to 4
requests for information responses will be prepared during the bid phase. The responses will be
prepared by Phoenix Civil Engineering and distributed to the contractors through the City.
Additionally,bid phase addenda will be prepared depending on the responses to the bid phase
questions from the prospective bidders.
Construction Management Services
The construction phase services include review of the project shop drawings. It is estimated that 15
project shop drawing submittals will be provided by the Contractor. For purposes of this proposal it is
assumed that one initial review and one subsequent review will be conducted by our team for approval.
Preparation forand attendance at all onsite meetings and preparation of Requests for Information is also
included.
The following efforts are included in this task:
• Task 201 Attendance at the project construction kick off meeting with the contractor and City staff.
The meeting will be held at the City offices and/or the proposed construction site. Meeting summary
and meeting agenda will be prepared.
• Task 202 Review the project shop drawing submittals. It is anticipated that 15 submittals will be
reviewed. In preparing this proposal, it was estimated that two reviews of the submittals will be
conducted for approval.
• Task 203 Respond to contractor's requests for information(RFIs)as submitted by the Construction
Manager. It is anticipated that up to 6 requests for information responses will be prepared during the
construction phase. The responses will be prepared by Phoenix Civil Engineering and distributed to
the Contractor with a copy to the City.
• Task 204 Up to 15 site visits will be performed. Labor compliance interviews will take place
during each site visit.
• Task 205 Complete project management has been requested by the City. Project management tasks
include meeting preparation and meeting summary document generation,direct contractor interface,
Phoenix Civil Engineering, Inc. i AVCP Pavement Rehabilitation Project
Page 1 of 2 4 9 2
February 22, 2017
construction observation of all the improvements, preparation,review and execution of any project
change orders,review of progress pay requests, coordination with outside utilities and City staff.
Deliverable: One electronic copy of all preliminary and final shop drawings that have been reviewed for
conformance will be provided to the contractor as well as formal RFI responses up to thirteen.
Fee Estimate Summary
Work associated with Tasks 101 through 205 is estimated to cost$50,341. A breakdown of the level of
effort is listed below:
• Task 101: Pre Bid Meeting $2,760
• Task 102: Response to Requests for Information/Addenda $3,477
• Task 201: Preconstruction Meeting $4,280
• Task 202: Submittal Review $5,338
• Task 203: Response to Requests for Information $2,551
• Task 204: Site Visits $12,183
• Task 205: Project Management $19,752
Assumptions
In preparing the proposal,the following was assumed:
• Up to 15 submittals will be reviewed for conformance with the design.
• Up to 6 RFIs will be reviewed and executed.
Phoenix Civil Engineering,Inc. I AVCP Pavement Rehabilitation Project
Page 2 of 2 493
PHOENIX
CIVIL ENGINEERING. INC
Professional Services Hourly Rate Sheet
Engineering
Principal Engineer $155
Resident Engineer $135 -
Professional Engineer $130
Staff Engineer $120
Assistant Engineer $96
CADD
Senior Designer $116
Assistant Designer $85
General
Construction Manager $145
Construction Observer $100
Technical Assistant $68
Clerical/Administrative Assistant $48
Costs associated with printing and computer time are calculated in the
rates. Large quantities of printing (multiple sets,of specifications, reports,
etc.) will be billed at an agreed upon rate. Subconsultants will be marked
up by 10%.
Phoenix Civil Engineering,Inc.4532 Telephone Road,Suite 113 Ventura,CA 93003 805.658.6800 494
ATTACHMENT 3
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2016/17 BUDGET TO ALLOCATE $50,341.00 FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE
ARROYO VISTA PAVEMENT REHABILITATION PROJECT
(M0032) FROM THE COMMUNITY WIDE PARK FUND (2010)
WHEREAS, on June 15, 2016, the City Council adopted the Operating and
Capital Improvement Projects Budget for Fiscal Year 2016/17; and
WHEREAS, a staff report has been presented to the City Council requesting
allocation of $50,341.00 for construction management services for the Arroyo Vista
Pavement Rehabilitation Project (M0032) from the Community Wide Park Fund (2010);
and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount $50,341 from the Community
Wide Park Fund (2010), as more particularly described in Exhibit "A", attached hereto, is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 1st day of March, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment
495
Resolution No. 2017-
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
COMMUNITY WIDE PARK DEVELOPMENT FUND (2010)
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR PAVEMENT REHABILITATION PROJECT AT ARROYO VISTA COMMUNITY PARK (M0032)
FY 2016/17
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number. Amount
Community Wide Fund 2010-000-00000-33990 $ 50,341.00
Total $ 50,341.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget* Revision Amended Budget
2010-541-M0032-53000 $ - $ 50,341.00 $ 50,341.00
$
$
_ $
Total $ - $ 50,341.00 $ 50,341.00
1
Finance Approval: (97)1------
496