HomeMy WebLinkAboutAGENDA REPORT 2018 1205 CCSA REG ITEM 09ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 12/5/2018
ACTION Approved staff
recommendation. Adopted
Reso No. 2018-3768
BY M. Benson
A. Consider Award of Agreement to Oakridge Landscape, Inc. for Championship
Drive Landscape Renovation and Resolution Amending the Fiscal Year 2018/19
Budget. Staff Recommendation: 1) Approve Agreement with Oakridge
Landscape, Inc. for Championship Drive Landscape Renovation Project, and
authorize City Manager to sign the Agreement, subject to final language approval
of the City Manager; and 2) Adopt Resolution No. 2018-3768. ROLL CALL
VOTE REQUIRED
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 12/05/2018 Regular Meeting
SUBJECT: Consider Approval of Plans and Specifications and Authorization to
Bid for the Championship Drive Landscape Renovation Project
(Landscape Maintenance District 15) and Resolution Amending
Fiscal Year 2018/19 Budget
BACKGROUND
On July 1, 2015, the City Council approved a Drought Action Plan (DAP) outlining
various actions for the City to take to meet the water conservation standard that had
been mandated by the State Water Resources Control Board (SWRCB) in response to
Governor Brown’s Executive Order B-29-15 calling for statewide mandatory water
reductions. Action item A.2.b of the DAP called for the renovation of planters and turf
areas in Landscape Maintenance Districts (LMD) and at City facilities with California
native plants or other low water use landscaping. To address this measure, staff
developed a phased approach that allowed immediate water savings to be achieved,
while allowing time for the design of an appropriate plant palette for the designated
renovation areas.
In LMD areas, Phase I of this work included killing the turf and allowing the dead turf to
remain in place, modifying the irrigation so that only the trees are watered, and placing
bark mulch around the trees. Removal of the dead turf and associated subgrade was to
be completed with Phase II of the work. On August 19, 2015 the City Council approved
an Amendment to the landscape maintenance Agreement with Oakridge Landscape,
Inc. for the Phase I work in Landscape Maintenance District (LMD) 15 along
Championship Drive and LMD 22 in the Moorpark Highlands along Spring Road and
Ridgecrest Drive at a total cost of $155,386. In addition to the provisions of the DAP, in
December, 2015, the State of California updated the California Code of Regulations
Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance
(MWELO ). The updated Ordinance includes a requirement whereby any rehabilitated
landscape project with an aggregate landscape area greater than 2,500 square feet
Item: 9.A.
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Honorable City Council
12/05/2018 Regular Meeting
Page 2
would need to meet the provisions of the Ordinance. The Ordinance requires that
landscape plans and specification be prepared by a California Registered Landscape
Architect and limits the type of plant material and irrigation systems allowed in certain
landscape areas.
On June 21, 2017, the City Council approved an agreement with Architerra, Inc. for
landscape architect services related to re-design of the parkways and streetscape areas
along the length of Championship Drive (LMD 15). On September 5, 2018, the City
Council approved the plans and authorized the bid for the Championship Drive
Landscape Renovation Project. In addition to the landscape renovation plans, the bid
documents included an additive alternate item for 850 additional tree and shrub
plantings. The item was included to fill in any gaps in the landscaping as the renovation
project gets under way.
DISCUSSION
A notice inviting bids was published on October 6 and October 11, 2018. A mandatory
pre-bid site meeting was held on October 16, 2018 and was attended by six (6)
contractors. Three bids were received by the due date of November 6, 2018. The
results, based on the total base bid amount, are:
STL Landscape, Inc. $ 950,000.00
Venco Western, Inc. $1,293,506.00
Oakridge Landscape, Inc. $ 920,721.00
The bids were evaluated on their completeness and cost. The apparent low bidder,
based on their base bid, is Oakridge Landscape, Inc. (Oakridge). Oakridge possesses
the necessary qualifications, resources and experience to perform the work.
As mentioned, an alternative item was added to the bid documents to add 850
additional trees and shrubs to the landscape renovation project. The cost of the
additional tree/shrub plantings is $54,678.25. Staff is recommending moving forward
with the alternative item. The total contract cost, including the alternative item and 10%
contingency of $97,539, is $1,072,938.25.
FISCAL IMPACT
The Fiscal Year 2018/19 adopted budget includes $1,000,000 in Country Club Estates
LMD Fund (2315) for these improvements. A budget amendment of $72,939 is needed
from Country Club Estates LMD Fund (2315) to fully fund the contingency. The Country
Club Estates LMD Fund has a projected fund balance of $183,000 for Fiscal Year
ending June 2019. There are sufficient funds available to meet this request.
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Honorable City Council
12/05/2018 Regular Meeting
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Approve Agreement with Oakridge Landscape, Inc. for Championship Drive
Landscape Renovation Project, and authorize City Manager to sign the
Agreement, subject to final language approval of the City Manager; and
2. Adopt Resolution No. 2018-____
Attachment: -
1 – Agreement
2 – Resolution 2018-____
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ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
OAKRIDGE LANDSCAPE, INC, FOR CHAMPIONSHIP DRIVE LANDSCAPE
RENOVATION (LANDSCAPE MAINTENANCE DISTRICT 15)
THIS AGREEMENT, executed as of this ____ day of _____________________,
201_, between the City of Moorpark, a municipal corporation (“City”) and Oakridge
Landscape, Inc., a corporation (“Contractor”). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction services related to Championship
Drive Landscape Renovation; 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 December 5, 2018, 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 execution until completion of
the work identified in the Scope of Services and in conformance with Exhibit C and
Exhibit D, 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 Championship Drive Landscape Renovation, as set
forth in Exhibit C: Contractor’s Bid Proposal, dated November 1, 2018, 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, Project Plans and
Specifications attached hereto and incorporated herein by this reference as though set
forth in full and hereinafter referred to as Exhibit D. Where said Scope of Services as
set forth in Exhibit C and Exhibit D 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 C and
Exhibit D. Contractor shall complete the tasks according to the schedule of performance
which is also set forth in Exhibit C.
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Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total value of
nine hundred seventy-five thousand three hundred ninety-nine dollars and twenty-five
cents ($975,399.25) as stated in Exhibit C, plus a contingency of twenty-four thousand
six hundred dollars ($24,600.00), for a total contract value of nine hundred ninety-nine
thousand nine hundred ninety-nine dollars and twenty-five cents ($999,999.25), 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 Ken Aldrich, 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 C, 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 nine hundred seventy-five thousand three hundred
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ninety-nine dollars and twenty-five cents ($975,399.25), plus a contingency of twenty-
four thousand six hundred dollars ($24,600.00), for a total contract value of nine
hundred ninety-nine thousand nine hundred ninety-nine dollars and twenty-five cents
($999,999.25) 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.
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
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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.
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
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necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsels’ fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereunder or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which is caused by
the sole or active negligence or willful misconduct of the City. Should conflict of interest
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor’s negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from 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.
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This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and 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.
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14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Section 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee, or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
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18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Jeffrey Myers, President
Oakridge Landscape, Inc.
28064 Avenue Stanford
Valencia, CA 91355
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
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Contractor understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party’s own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor’s failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City’s Bid Package and Proposal, Exhibit
D, attached hereto and incorporated herein by this reference as though set forth in full.
In the event of conflict, the requirements of the City’s Bid Package and this Agreement
shall take precedence over those contained in the Proposal.
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28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK OAKRIDGE LANDSCAPE, INC.
_____________________________ _____________________________
Troy Brown, City Manager Jeffrey Myers, President
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.
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Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor’s employees will use
personal autos in any way on this project, Contractor shall provide evidence of personal
auto liability coverage for each such person.
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 any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
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endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City’s protection without City’s
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
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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 not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor’s existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
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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.
18. 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.
19. 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.
20. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
21. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. 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.
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(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 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
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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.
(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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EXHIBIT C
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RESOLUTION NO. 2018-____
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2018/19 BUDGET BY APPROPRIATING $72,939 FROM THE
COUNTRY CLUB ESTATES FUND (2315) TO FUND
CONSTRUCTION SERVICES RELATED TO THE
CHAMPIONSHIP DRIVE STREETSCAPE REVITALIZATION
(PROJECT NO. M0038)
WHEREAS, on June 20, 2018 the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2018/19 which includes
$1,000,000 for the Championship Drive Streetscape Project (M0038); and
WHEREAS, a staff report has been presented to the City Council summarizing
the results of the bids for construction of the Championship Drive Streetscape
Revitalization, and recommending the award of the contract to Oakridge Landscape,
Inc. with a total contract value of $1,072,938.25, which includes a contingency of
$97,539; and
WHEREAS, an additional $72,939 is required to fully finance construction
services related to the Championship Drive Streetscape Revitalization and a budget
amendment of $72,939 from the Country Club Estates Fund (2315) is requested; 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 of $72,939 from the Country
Club Estates Fund (2315) 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 5th day of December, 2018.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
________________________________ ___
Maureen Benson, City Clerk
Exhibit A – Budget Amendment
ATTACHMENT 2
90
Resolution No. 2018-______
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
COUNTRY CLUB ESTATES FUND (2315)
FOR CONSTRUCTION SERVICES RELATED TO CHAMPIONSHIP DRIVE
STREETSCAPE REVITILIZATION (M0038)
FY 2018/19
FUND BALANCE ALLOCATION:
Fund Title
Fund-Account
Number Amount
COUNTRY CLUB ESTATES 2315-000-00000-33990 $ 72,939.00
Total $ 72,939.00
EXPENDITURE APPROPRIATION:
Account Number
Current
Budget* Revision Amended Budget
2315-542-M0038-53000 $ 1,000,000.00 $ 72,939.00 $ 1,072,939.00
Total $ 1,000,000.00 $ 72,939.00 $ 1,072,939.00
91
CITY OF MOORPARK
CONTRACT DOCUMENTS
FOR
CHAMPIONSHIP DRIVE STREETSCAPE RENOVATION
IDENTIFICATION NO. P&R–2018-4
EXHIBIT D
92
TABLE OF CONTENTS
Page
-i-
NOTICE INVITING BIDS ..................................................................................................... NC-1
INSTRUCTIONS TO BIDDERS ............................................................................................... I-1
CHECKLIST FOR BIDDERS ................................................................................................... I-5
BID .................................................................................................................................... B-1
SAMPLE CONTRACT .......................................................................................................... B-23
INSURANCE REQUIREMENTS ........................................................................................... B-32
SAMPLE INSURANCE FORMS ........................................................................................... B-40
PAYMENT BOND (LABOR AND MATERIALS) .................................................................... B-46
PERFORMANCE BOND ....................................................................................................... B-48
CHECKLIST FOR EXECUTION OF CONTRACT ................................................................ B-51
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-21
SECTION 10. ADDITIONAL TERMS ..................................................................... GP-25
93
TABLE OF CONTENTS
Page
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APPENDIX I: SCOPE OF WORK ............................................................................................... I
APPENDIX II: LANDSCAPE ARCHITECTURAL CONSTRUCTION
DOCUMENTS FOR CHAMPIONSHIP DRIVE LANDSCAPE
RENOVATION ............................................................................................................... II
APPENDIX III: LANDSCAPE AND IRRIGATION TECHNICAL SPECIFICATIONS ................. III
APPENDIX IV: STANDARD ENCROACHMENT PERMIT CONDITIONS ................................ IV
APPENDIX V: STORMWATER POLLUTION CONTROL PLAN ............................................... V
APPENDIX VI: CITY HOLIDAYS .............................................................................................. VI
94
NC-1
NOTICE INVITING BIDS
FOR
Championship Drive Streetscape Renovation [the “Project”]
Identification number: P&R – 2018-4
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 3:30 p.m. on the 6th day of
November, 2018, 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. A mandatory pre-bid meeting will be held on October 16,
2018 at 9:00 a.m. on the south side of Championship Drive between Rawls Road and Trevino
Drive. Look for the traffic cones. Parking will be in the bike lane. Every Bidder is required to
attend the pre-bid meeting. 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 C-27 Contractor’s license issued by the
California State Contractors License Board at the time of the Bid submission. Additionally, each
Bidder must have possessed a valid Class C-27 Contractor’s license continuously for the prior
five (5) years. The successful Contractor must also possess a current City business license.
95
NC-2
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
CHAMPIONSHIP DRIVE STREETSCAPE RENOVATION – 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, Community Services Manager by e-mail at
jsandifer@moorparkca.gov.
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I-1
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. 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
from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders,
all affected Bids will be rejected.
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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
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 clarification received after the 96 hour deadline will be disregarded. Please
indicate the Project and identification number in the request for clarification. Telephonic
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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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B-1 THRU B-45 ARE THE PROPOSAL DOCUMENTS (EXHIBT C) AND THE
SAMPLE AGREEMENT DOCUMENTS AND HAVE BEEN REMOVED FROM
THIS EXHIBIT D SO AS NOT TO BE DUPLICITOUS
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B-46
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:
CHAMPIONSHIP DRIVE LANDSCAPE RENOVATION
(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 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 one year after the recordation of the Notice of Completion;
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”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(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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B-48
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:
CHAMPIONSHIP DRIVE LANDSCAPE RENOVATION
(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 one year after the recordation of the Notice of Completion; 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
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B-49
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
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”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(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
__________________________________________
Attn:_______________________________________
Address:___________________________________
City State Zip:_______________________________
Phone #:___________________________________
BROKER – Contact Information
_______________________________________
Attn:___________________________________
Address:________________________________
City State Zip:____________________________
Phone #:________________________________
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B-51
CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
____ Two (2) executed and notarized copies of the Contract
____ Two (2) copies of the Payment Bond in amount of the Contract, with all
signatures notarized
____ Two (2) copies of the Performance Bond in amount of the Contract, with
all signatures notarized
____ Workers’ Compensation Certificate
____ Liability insurance certificate in the amount of one million dollars
($1,000,000), 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
____ General aggregate insurance certificate in the amount of two million
dollars ($2,000,000), naming the City as a co-insured
____ Additional insured endorsement(s) (ongoing and completed operations) –
commercial 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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GP-2
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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GP-3
2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until one year after 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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GP-4
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, the City, their 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 whole or 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 Engineer,
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
(805) 517-6255
TRAFFIC ENGINEER
(805) 517-6285
CITY POLICE DEPARTMENT
(805) 532-2700
CALIFORNIA HIGHWAY PATROL
(805) 553-0800
MOORPARK TRANSIT DIVISION
(805) 517-6257
VENTURA COUNTY WATERWORKS
DISTRICT NO. 1
(805) 378-3000
CALLEGUAS MUNICIPAL WATER
DISTRICT
(805) 526-9323
SO. CALIFORNIA EDISON COMPANY
(800) 655-4555
THE GAS COMPANY
(800) 427-2200
MED TRANS AMBULANCE
(805) 495-4668
TIME WARNER
(888) 892-2253
AT & T
(800) 310-2355
UNDERGROUND SERVICE ALERT
1-800-422-4133
UNION PACIFIC RAILROAD CO.
(800) 336-9193
MOORPARK UNIFIED SCHOOL DIST.
(805) 378-6300
VENTURA COUNTY FIRE PROTECTION DISTRICT
(805) 389-9710
U.S. POST OFFICE
(805) 529-3596
WASTE MGMT/GI RUBBISH
(805) 522-9400
ANDERSON RUBBISH
(805) 526-1919
CALTRANS
(805) 653-2584
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.
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
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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.
10) Use of Project site, office and storage areas, security, housekeeping, and the
City’s needs.
11) Major equipment deliveries and priorities.
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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
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
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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 sixty (60) 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
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.
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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.
The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced
with the following:
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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
Noise levels shall be limited to a reasonable level, and 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
bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full
herein.
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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.
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
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(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
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
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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
the Contract. Endorsements may be executed on standard Insurance Services Office (ISO)
forms, samples of which are provided in the Contract Documents, or on any other forms that
meet the City’s insurance requirements and are approved by the City. 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
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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
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.
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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, 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.
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.
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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.
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:
The Contractor must obtain the City Engineer’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.
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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 which requires
all Contractors on City projects, regardless of cost, to prepare a Construction and Demolition
Materials Management Plan (available at www.moorparkca.gov/CDplan) and divert a minimum of
65% of material generated during the project from disposal in a landfill (through reuse or recycling).
You will be required to submit a Diversion Security Deposit of up to 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 the City’s franchised hauler (Waste Management), 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 805-517-6241 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.
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.
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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.
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
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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.
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
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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 rate paid 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.
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
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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
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.
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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 9:00 a.m. to 3:00 p.m., Monday through
Friday. No Work will be allowed on Saturday, Sunday or City holidays, which are as follows:
(see Appendix VI).
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
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
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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.
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.
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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 set forth, 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.
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
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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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Appendix I
APPENDIX I
Scope of Work
Championship Drive Landscape Renovation
Moorpark, California
This is intended to be a general scope of work for the project. The scope of work does
not supersede information on the plans and drawings for the project. Any conflict
between this scope of work, the plans, drawings, or other contract documents, those
other documents will supersede this scope of work.
1. Provide all labor and materials, appliances, tools, equipment, facilities, transportation
and services necessary for and incidental to performing all operations and
improvements related to demolition, construction, irrigation, tree planting, and shrub
planting for items 1-6 on the bid proposal sheets, as detailed in the Landscape
Architectural Construction Documents for Championship Drive Streetscape
Parkways, Medians & Turf Areas Landscape Improvements, incorporated herein as
Appendix II and Appendix III.
2. Contractor shall complete all Work under the Contract within sixty (60) 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. Any
work requiring a vehicle traffic lane closure is subject to the standard conditions of
the City’s encroachment permit (see Section 4, and Appendix IV). The extent of
traffic control may be limited to the area of work to be performed each day. Vehicle
traffic control is not to be placed before 9:00 a.m., and must be removed no later
than 3:00 p.m. each day.
For work that does not require the closure of a vehicle traffic lane, Work may start
earlier than 9:00 a.m., but not earlier than 7:00 a.m., and shall conclude no later than
5:00 p.m. Contractor will not park vehicles in the right-of-way, and will keep the
sidewalk open during the work and not impede pedestrian or vehicular traffic. If it is
necessary for the contractor to maintain a vehicle in the bike lane to conduct work,
then a bicycle lane or shoulder closure will be required, in conformance with the
California Manual on Uniform Traffic Control Devices (M.U.T.C.D.). For a bicycle
lane or shoulder closure, traffic control is not to be placed before 7:00 a.m., and
must be removed no later than 5:00 p.m. each day.
Materials are to be dropped off only at locations designated in writing by the City.
Contractor shall perform all Work Monday through Friday. No Work will be allowed
on Saturday, Sunday or City holidays.”
3. All removed materials shall become the Contractor’s property and shall be removed
and disposed of legally off-site. All removal activities shall be in accordance with
City’s construction and demolition ordinance (see General Provisions Sec. 7-15.1).
137
Appendix I
4. Contractor shall procure a no-fee encroachment permit for any lane closures on
Championship Drive required to facilitate the work (see Standard Encroachment
Permit Conditions - Appendix IV). Any work in the median islands will require at
minimum one lane closure adjacent to the median island. The extent of traffic control
may be limited to the area of work to be performed each day. A phased traffic
control plan, wet stamped and signed by a California registered Civil Engineer, will
be required. Traffic control must conform to the California Manual on Uniform Traffic
Control Devices (M.U.T.C.D.). All costs for traffic control plans to be borne by the
contractor. For more information regarding lane closure requirements and obtaining
the encroachment permit contact the Public Works Department at (805) 517-6255.
5. It is Contractor’s responsibility to comply with all applicable storm water and urban
runoff permits, regulations, codes or laws. Contractor will be responsible for
implementing a Stormwater Pollution Prevention Plan (SWPPP) and completing and
maintaining all supporting documentation, as detailed in Appendix V. If there are
questions, Contractor may contact the NPDES Coordinator in the Public Works
Department at (805) 517-6257.
6. Space is available for staging equipment at the Equestrian Staging Area on Grimes
Canyon Road or the terminus of Ridgecrest Drive. The staging area must remain
fenced at all times. Storage of equipment, supplies and materials at any other
location shall only be allowed with prior written approval from the City. Contractor
agrees to assume full responsibility for loss, theft, damage to its equipment, supplies
and any injury that may arise to any person resulting from the use of designated City
property for storage. Contractor also assumes full responsibility for any and all
damage to City property as a result of any Contractor owned property stored on City
property, whether storage is temporary or permanent. Contractor acknowledges that
the Indemnification in the Agreement document applies to such storage.
7. Contractor will provide a competent English-speaking Superintendent to oversee the
complete project. The Superintendent shall be present at all times work is being
performed. The Superintendent shall have the authority to bind Contractor through
Superintendents acts. The Superintendent shall represent the Contractor;
communications given to the Superintendent shall be binding on the Contractor.
8. Contractor shall repair at his own expense, any damage, whether inside or outside
of the project limits, to utility systems, surface pavements, fixtures, structures, or
vegetation that is not specifically indicated to be removed. All damaged items shall
be repaired to their original condition, as acceptable to the City.
9. Contractor shall be responsible for all damages to persons or property that occur as
a result of its fault or negligence in the performance of this contract and shall be
responsible for the protection of the work site and storage site until final acceptance
by the City.
10. Contractor shall take all necessary precautions for the safety of workers on the
project and shall comply with all applicable federal, state, local and other safety
138
Appendix I
laws, standards, orders, rules, regulations, and building codes to prevent accidents
or injury to persons on, about, or adjacent to the premises where work is being
performed and to provide a safe and healthful place of employment.
139
Appendix II
APPENDIX II
LANDSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR
TIERRA REJADA STREET PARKWAY AND MEDIAN IMPROVEMENTS
ACCESS PLANS HERE:
http://www.moorparkca.gov/bids.aspx?bidID=55
140
Appendix III
APPENDIX III
LANDSCAPE AND IRRIGATION TECHNICAL SPECIFICATIONS
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IRRIGATION SYSTEM 328400 - 1
SECTION 32 84 00
IRRIGATION SYSTEM
PART 1 - GENERAL
1.1 SCOPE
A. Includes furnishing all material, labor, and equipment required to provide and
install additions to the main piping system, lateral circuit piping system, flood and
spray pattern irrigation specified herein and as required to complete the work per
plans.
B. Related Sections:
1. Section 32 93 00 Landcape Planting
1.2 REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with the Uniform Building Code, Uniform Plumbing Code, Standard
Specifications for Public Works Construction (SSPWC) latest edition except as
noted herein, and all applicable state, local, and federal codes.
1.3 PROTECTION
A. Check or locate existing structures, electric cables or conduits, utility lines and
other existing features or conditions above or below ground level that might be
damaged as a result of Contractor operation. Questions or conflicts arising out of
such examination prior to or during operation shall be immediately directed to the
attention of the Client’s representative for necessary action or decisions before
resuming operation. Contractor is responsible for repair or replacement, at no cost
to the Client, for features or conditions damaged through failure to comply with the
above procedures.
1.4 REFERENCES
A. ASTM D1784-11 - Specification for Rigid PVC and CPVC Compounds and
Chlorinated Compounds.
B. ASTM D2466 -15 - Specification for PVC Plastic Pipe Fittings, Schedule 40.
C. ASTM D2467-15 - Specification for Socket-Type PVC Plastic Pipe Fittings,
Schedule 80.
D. ASTM D2564-12 - Specification for Solvent Cements for PVC Plastic Piping
Systems.
E. ASME B16.3 - Specification for Malleable Iron Threaded Fittings.
F. ASTM D1785-15 and ASTM D2466-15 - Specification for PVC Class 160, Class
200, Class 315 solvent weld and Ring-Tite Pipe, NSF approved Type I, Grade I.
Schedule 40 and 80 pipe shall be manufactured to conform to ASTM D-1785 and
ASTM D-2466.
1.5 PERFORMANCE REQUIREMENTS
A. Drawings are diagrammatic and indicative of the work to be installed.
APPENDIX III
142
IRRIGATION SYSTEM 328400 - 2
B. The work shall be installed in such a manner as to avoid conflicts between the
irrigation system, planting, and site and architectural features.
B. Manufacturer's directions shall be followed in all cases where the manufacturer's
used in the Contract furnish directions covering points not shown in the drawings
and specifications.
C. Water supply: The sources of water supply shall be selected within project
boundary on the “point of connection” (POC). Verify the P.O.C. with the Client’s
representative.
1.6 MATERIALS AND IDENTIFICATION
A. Labels and signs must be approved by Client’s representative. Labels and signs
shall be installed on all appurtanances in below grade boxes and on all designated
facilities such as control panels. Every pipe shall be identified with a pre-printed,
embossed or painted label.
B. All potable water piping installed within the same project limits shall be installed
with potable water identification.
C. Where a potable and sewer lines cross within one (1) foot vertically, the potable
line shall be installed within a Class 200 PVC protective sleeve. The sleeve shall
extend five (5) feet either side of the sewer line for a total of ten (10 ) feet. A
minimum of one (1) foot of vertical separation between utilities must be maintained
at all times. The potable line must be installed above the sewer line.
D. All gate valves, manual control valves, electrical control valves, pressure reducing
valves and pressure releif valves for on-site potable water systems shall be
installed below grade in valve boxes with green covers.
1.7 SUBMITTALS
A. Prior to beginning Work, the Contractor shall submit a material list for approval of
the equipment and material to be used on this project. The material list shall
include the manufacturer, model number, and description.
B. The material list shall include all equipment, materials, or processes specified by
name in the drawings and specifications.
1.8 AS-BUILT FIELD DATA
A. The Contractor shall maintain a complete and accurate set of as-built drawings.
These drawings shall be kept up to date with the progress of the work. The
Contractor will have blueprints for the purpose of recording the as-built conditions
of the Work, with information as follows:
1. The location of the main line; quick coupling valves; electric control
valves; controllers; sleeves; point of connection; any special capped lines
for future work; locations of controller wire splice junctions, lateral lines,
and miscellaneous equipment.
B. The Contractor shall indicate clearly and correctly work installed differently from
that shown on the design contract drawings by dimensioning from two permanent
points of reference.
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IRRIGATION SYSTEM 328400 - 3
PART 2 - MATERIALS
2.1 GENERAL
A. All equipment shall be new and unused prior to installation.
B. The equipment shall conform to the submitted Plans, Schedule, and
Specifications and as specified in this section.
2.2 PLASTIC PIPE AND FITTINGS
A. Plastic Pipe:
1.All plastic pipe shall be continuously and permanently marked with the
manufacturer's name, kind of pipe, material size IPS, NSF approval and
schedule and type.
2.PVC pipe shall be manufactured from virgin polyvinyl chloride compound
in accord with ASTM D 1784-11.
B. Main Line: Piping on pressure side of irrigation control valves below grade shall be
PVC Class 315.
C. Lateral Lines: Piping under intermittent pressure shall be PVC Schedule 40.
D. Fittings and Connections:
1.Plastic PVC fittings shall be standard weight Schedule 40 injection
molded. Fittings shall comply with ASTM D2466-15 and/or D2467-15.
Threaded PVC fittings shall be injection molded.
2.All threaded nipples shall be standard weight Schedule 80 PVC with
molded threads. All threaded nipples exposed above grade shall be gray
in color.
2.3 PVC CEMENT AND PRIMER
A. All PVC cement and primer shall comply with ASTM D2564-12 and be NSF and
IAPMO standards.
B. Lateral lines and fittings shall be cemented using a 100% active solvent, blue in
color, medium bodied, fast setting.
C. Main line pipe and fittings shall be coated with a primer and then cemented with a
100% active solvent, gray in color, medium set, heavy bodied.
D. Both primer and solvent shall be similar in all respects to that manufactured by IPS
Weld-On brand.
E. Obtain and follow the manufacturer's application directions.
2.4 GALVANIZED PIPE AND FITTINGS
A. Pipe shall be galvanized steel, American National Standard Institute (ANSI),
Schedule 40 galvanized, mild steel screwed pipe.
B. Fittings shall be galvanized screwed beaded malleable iron.
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IRRIGATION SYSTEM 328400 - 4
2.5 BRASS PIPE AND FITTINGS
A. Brass pipe shall be 85% red brass, American National Standard Institute (ANSI),
Schedule 40 screwed pipe.
B. Fittings shall be wrought copper, solder joint type.
2.6 COPPER PIPE AND FITTINGS
A. Copper pipe shall be type K, hard tempered.
B. Fittings shall be wrought copper, solder joint type.
C. Joints shall be soldered with silver solder, 45% silver, 15% copper, 16% zinc, 24%
cadmium, solid at 1125 °F and liquid at 1145 °F.
2.7 SLEEVE MATERIAL
A. Sleeves for irrigation piping and wires shall be provided crossing of all walks,
asphalt drives, and any other paving locations.
B. All sleeve material shall extend 18 inches beyond edges of paving, hardscape, or
construction. Sleeve shall extend five (5) feet beyond potable water crossing.
Provide pavement markings or witness stakes and wires for sleeve crossing
locations.
C. Sleeving material for PVC main line piping shall be SCH 40 and sized to allow for
piping with couplings to easily slide through the sleeving material. Minimum size
sleeving material shall be as follows:
Pipe Size Sleeve Size (Nominal Size)
3/4" 1 1/2"
1" 2"
I 1/4" 2 1/2"
1 1/2" 3"
2" 4"
2 1/2" 4"
D. Sleeving material for low voltage wiring shall be PVC SCH 40 pipe, where below
grade. Where above grade use PVC SCH 40 gray conduit. The maximum
number of direct burial 14 gauge wires per diameter of sleeve pipe shall be as
follows:
Sleeve Size No. of wires
3/4" 6
1" 12
1 1/4" 18
1 1/2" 21
2" 25
2 1/2" 33
2.8 UNDERGROUND UTILITY MARKING TAPE
A. Marking tape shall be Magnetic brand as manufactured by Griffolyn Company Inc,
Terra Tape or Thor Enterprises, or approved equal.
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IRRIGATION SYSTEM 328400 - 5
B. Marking tape shall be a minimum of 3 inch wide, and length as needed to mark the
entire length of main line within the project boundaries, where below grade.
C. Marking tape color codes are as follows:
Red Electrical
Blue Potable water
Purple Reclaimed water
2.9 VALVE BOXES
A. Electric Control Valves:
1. Rectangular plastic box with green colored rectangular lid with the
inscription “CONTROL VALVE & NO.” cast or engraved into the
lid.
B. Gate and other valves:
1. Round plastic box with green round lid with the inscription “GATE
VALVE” cast or engraved thereon.
2.10 REMOTE CONTROL VALVES
A. Electric remote control valves shall be electrically operated, normally closed valve,
glass-filed nylon contruction with operation range of 0.10 to 300 GPM, 220 PSI
rated as manufactured by Rainbird or equal for appropriate application of spray
heads. Add pressure regulator to valves as required.
2.11 BACKFLOW PREVENTER
A. Existing devise will be utilized.
2.12 SHUT-OFF VALVE
A. Acceptable manufacturers: NIBCO, Kennedy, Crane and Stockham. Equivalent
products of other manufacturers will be considered in accordance with the “or
equal” provision.
B. 3/4-inch through 2-inches shall be 200 lb. WOG bronze full port ball valves.
C. 2 1/2-inch and larger shall be 200 lb. WOG bronze gate valves with non-rising
stem, cross handle…
2.13 ELECTRICAL WIRING AND SERVICE
A. Low Voltage Service and Connections:
1. Connections between controller and remote control valves hsall be made
with direct burial AWG-UF, 600 volt wire, insulation thickness 3/64-inch,
utilizing low density high molecular weight polyethylene insulation,
minimum 14 AWG.
2. Common wires: White, with unique color stripe for each controller.
3. Splicing Materials: Pen-Tite or equal. Use one splice per connector pack.
4. Control wires shall be sleeved with SCH 40 PVC pipe or conduit.
2.14 AUTOMATIC CONTROL SYSTEM
A. Controller: Manufacturer, existing model, and size as indicated on drawings shall
be utilized.
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IRRIGATION SYSTEM 328400 - 6
B. Wire Conductors: Color coded.
2.15 CONTROLLER CHARTS
A. Record drawings shall be approved by the City’s Authorized Representative before
controller charts are prepared.
B. Provide two controller charts for each controller supplied.
C. The chart shall show the area controlled by the automatice controller and shall be
the maximum size which the controller door will allow.
D. The chart is to be a reduced drawing of the actual record system, of a maximum
size that will fit inside controller housing, double sided is required for readability.
E. The chart shall be a blackline print and a different color shall be used to indicate
the area of coverage for each station, using pastell or transparent colors.
F. When completed and approved, the chart shall be hermetically sealed between
two pieces of plastic, each being a minimum twenty (20) mils.
2.16 OPERATION AND MAINTENANCE MATERIAL
A. Delivery: Deliver 4 sets of operating and mainenance materials to Owner prior to
date established in Certificate of Completion of irrigation systme Work.
B. Prepare one hard-cover three-ring binder containing the following information.
1. Index sheet stating Contractor’s address and telephone number, list of
equipment with name and address of local manufacturer’s representative.
2. Catalog and part sheets on every material and equipment installed under
this contract.
3. Guarateed statement.
4. Complete operating and maintenance instuction on all major equipemnt.
C. Four sets of operating and maintenance mauals for the booster pumps shall be
provided to the owner after startup and shall include parts manuals for major
components, per formance curve for pump, general sequence of operation, and
elctrial schematic for control panel.
2.17 QUICK COPLER
A. Shall be 1-inch size for irrigation water use.
B. Provide two (2) coupler keys with hose swivals.
2.18 MASTER VALVE
A. Existing valve shall be utilitized.
PART 3 - EXECUTION
3 .1 SITE CONDITIONS
A. Before starting work on the irrigation main line pipe system, carefully check all
grades to determine that work may safely proceed, keeping within the specified
material depths.
B. Do not willfully install the irrigation main line pipe system when it is obvious in the
field that unknown obstructions or grade differences exist that might not have been
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IRRIGATION SYSTEM 328400 - 7
considered in the engineering. Such obstructions or differences shall be brought to
the attention of the Client’s representative.
C. The installation of all irrigation materials, including pipe, shall be coordinated with
the site improvement and utility drawings to avoid interfering with sign posts, park
or street furniture, playground equipment and utility appurtances.
D. Layout irrigation main line pipe system and make any minor adjustments required
due to differences between site and drawings. Any such deviations in layout shall
be within the intent of the original drawings, and without additional cost to the
Client. The Contractor shall spray paint the location of main line and flag the
location of all valves for review before commencing trenching.
3.2 TRENCHING AND EXCAVATING
A. Trenches shall be dug straight and support pipe continuously on the bottom of the
ditch. Snake pipe in the trench to an even grade.
B. Excavate enough soil at valve assemblies to properly align cover boxes to grade
on compacted subsoil, or brick blocks.
C. Water Pipes: Unless otherwise designated on the utility drawings, provide cover
over water pipes as follows:
1. Supply line (galvanized steel line from existing backflow device): on grade
with securing stakes per plan.
2. Main line (pressure lines downstream of the supply line): 18 inches
minimum.
3. Lateral lines (downstream of control valves): 12 inches minimum.
4. All lines and sleeves under pavement shall have 24-inch minimum cover.
D. Electrical Wiring: Unless otherwise noted on utility drawings, provide cover over
electrical wiring as follows:
1. Low voltage wiring 18 inches minimum.
2. Do not tape wires to main line piping.
E. If tree roots larger than 1-1/2" in diameter are encountered during trenching hand
dig around the roots, and avoid all damage to the root system.
F. Backfilling:
1. Backfill shall not be placed until the installed irrigation system has been
observed, tested, and approved by the Client’s representative. Trenches
shall be backfilled promptly after the open trench construction review.
2. Backfill for trenching shall be compacted to a minimum of 90% optimum
density by means of power compaction, and shall conform to the adjacent
grades without dips, sunken areas, humps, or other irregularities.
a. Main Line: Initial backfill on all main lines within 6 inches of pipe
shall be with clean soil with no rocks larger than 1-inch in size.
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IRRIGATION SYSTEM 328400 - 8
b. Lateral Line: Initial backfill on all lateral lines within 6 inches of
pipe shall be with clean soil with no rocks larger than 1-inch in
size.
3.All main and lateral line sleeves and electrical wiring sleeves under paving
shall be backfilled and compacted in layers to 90% optimum density by
means of power compaction.
4.If settlement occurs and subsequent adjustments in pipe, valves, or other
construction are necessary, the Contractor shall make all required
adjustments without additional cost to the Client .
3.3 UTILITY SERVICES
A. The Contractor shall utilize the existing Point of Connection.
3.4 MAIN LINE PIPING INSTALLATION
A. All plastic pipe shall be installed in complete accord with manufacturer's
instructions for same. After the pipe has been cement welded, it is not to be
disturbed or moved for 48 hours. During this time the pipe can be out of the trench
or in it, but in either case it must be supported so that it cannot be moved or
disturbed.
B. Irrigation main line and low voltage wiring may share the same trench. Provide a
minimum of 2 inch soil space between piping and wiring (conduit).
C. On all main lines, provide concrete thrust blocks at each change of direction and at
all terminal points.
1. Thrust blocks shall be one (1) cubic foot concrete minimum, poured in-
place.
3.5 PIPE AND FITTING CONNECTIONS
A. Steel and red brass pipe and fittings shall be assembled using Teflon tape applied
to male threads.
B. Plastic pipe threads shall be assembled using Teflon tape. Follow manufacturer's
directions.
C. All metal to plastic screwed connections shall be male plastic threads into female
metal threads.
D. Tape all open ends of pipe during installation to prevent entry of any foreign matter
into the system.
3.6 MAIN LINE FLUSHING
A. After all main line piping is in place and center-loaded, and all diversion work has
been completed, thoroughly flush all lines with a full head of water.
3.7 AUTOMATIC VALVES
A. Install all remote control valve assemblies at approved locations along mainline.
B. Valves are shown diagramatically on the drawings, and shall be located in planting
areas 12 inches clear from hardscape or walking paths.
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IRRIGATION SYSTEM 328400 - 9
3.8 QUICK-COUPLING VALVES
A. Install all quick-coupling valve assemblies, maximum of 100’ spacing, around at
approved locations.
B. Valves are shown diagramatically on the drawings, and shall be located in planting
areas 12 inches clear from hardscape or walking paths.
3.9 PRESSURE TESTING MAIN LINES
A. Pressure tests shall consist of two parts:
1. A hydrostatic pressure test of 150 PSI for a period of two (2) hours for new
mainline sections.
2. The ability of the main line to hold static line pressure indefinitely when the
master control is closed.
B. Test main line before equipment and valves are installed.
C. Provide all equipment and personnel necessary to test main lines (static pressure
line).
D. Perform all hydrostatic tests prior to backfilling and in the presence of the Client’s
representative before proceeding with further work.
3.10 LOW VOLTAGE WIRING AND CONNECTIONS
A. Low voltage wire routing shall be the same routing as the main line unless
otherwise designated on drawings.
B. Use a continuous wire between controller and remote control valves. When site
conditions make continuous wire runs impossible, splice wires using approved
connectors and make all splices in an approved valve or utility boxes with
extensions. Provide 24 inch leads for all wires in all valve or utility boxes. This
work, including utility boxes, shall be considered part of this contract.
C. Each electric valve shall have its own separate wire to the controller.
D. Allow a minimum wire lead of 24 inches at each connection. All field connections
shall be made with approved water-proof connectors.
E. When designated on utility drawing, stub-out additional spare wires (red) for future
use in utility boxes as noted; insulate the end of the common wire.
1. Spare Wires (yellow): all spare wires shall loop into each valve box along
its path. Where the spare wires loop, they shall be labeled with a plastic or
brass label with the wire number stamped onto the label. The labels shall
be attached to the wires with nylon locking strips or equal, no metal wires.
F. After wiring is in place, make waterproof connections using approved connectors
to all subterranean electric equipment.
G. All connections to above-grade electrical equipment shall be made with wire nuts
in waterproof junction boxes.
H. After all connections are complete, use an ohm meter to test the resistance
reading for each electric valve circuit. Record resistance reading and call the
Client’s representative for an observation of completed electrical work before
backfilling.
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IRRIGATION SYSTEM 328400 - 10
3.11 UNDERGROUND UTILITY MARKING TAPE
A. Install 'detectable' radio reflecting utility marking tape in the same trench and
above all main line piping and electrical wiring. Locate marking tape 12 inches
below grade after compacting partially backfilled trenches.
3.12 SYSTEM ADJUSTMENTS
A. Verify that the entire system has been flushed and cleaned. Verify that all main line
shut-off valves are fully open.
3.13 CLEAN-UP AND REPAIR
A. Upon completion of the work, make the ground surface level, remove excess
materials, rubbish, debris, etc., and remove construction and installation
equipment from the premises.
B. Replace and/or repair to the satisfaction of the Client’s representative all existing
paving disturbed during the course of this work. New paving shall be the same
type, strength, texture, finish, and be equal in every way to the material removed.
C. Bring all settled soil areas up to grade. As part of the contract, the Contractor shall
provide clean topsoil from on-base borrow area to match existing topsoil if
required.
3.14 GUARANTEE
A. The guarantee for the irrigation system shall be made in accordance with the
following form..
B. A copy of the guarantee form shall be included in the operations and maintenance
manual.
C. The guarantee form shall be retyped onto the Contractor’s letterhead and contain
the following information.
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the irrigation system we have furnished and installed is
free from defects in materials and workmanship including settling of backfill areas below
grade, and the work has been completed in accordance with the drawings and
specifications, ordinary wear and tear and unusual abuse and neglect excepted. We
agree to repair or replace any defect in material or workmanship, which may develop
during the period of one year from the date of acceptance and also to repair or replace any
damaged resulting from the repairing of such defects at no additional cost to the client. We
shall make sure repairs or replacements within a reasonable time, as determined by the
Client, after receipt of written notice. In the event of our failure to make such repairs or
replacement within a reasonable time after receipt of written notice from the client, we
authorized the Client to proceed to have said repairs or replacements made at our
expense and we will pay the costs and charges therefore upon demand.
PROJECT: __________________________________________
CONTRACTOR: __________________________________________
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IRRIGATION SYSTEM 328400 - 11
PHONE NO.: __________________________________________
ADDRESS: __________________________________________
BY: __________________________________________
DATE OF ACCEPTANCE: ____________________________________
BY: ____________________________________
3.16 TEMPORARY REPAIRS
A. The Client reserves the right to make temporary repairs as necessary to keep the sprinkler
system equipment in operating condition. The exercise of this right by the client shall not relieve
the Contractor of his responsibilities under the terms of the guarantee as herein specified.
END OF SECTION
152
LANDSCAPE PLANTING 329300 - 1
SECTION 32 93 00
LANDSCAPE PLANTING
PART 1 - GENERAL
1.1 SUMMARY
A. This Section includes the supplying and installation of the following:
1. Trees.
2. Shrubs.
3. Ground cover shrubs.
4. Maintenance for 90 calendar days.
B. Related Sections include the following:
1. Section 32 84 00 “Landscape Irrigation”.
1.2 DEFINITIONS
A. Container-Grown Stock: Healthy, vigorous, well-rooted exterior plants grown in a container with well-
established root system reaching sides of container and maintaining a firm ball when removed from
container. Container shall be rigid enough to hold ball shape and protect root mass during shipping
and be sized according to ANSI Z60.1 for kind, type, and size of exterior plant required.
B. Finish Grade: Elevation of finished surface of planting soil.
C. Planting Soil: Native topsoil, or surface soil modified to become topsoil; mixed with soil
amendments.
D. Sub-grade: Surface or elevation of subsoil remaining after completing excavation.
1.3 SUBMITTALS
A. Product Data: For each type of product indicated.
B. Product Certificates: For each type of manufactured product, signed by product manufacturer, and
complying with the following:
1. Manufacturer's certified analysis for standard products.
2. Analysis of other materials by a recognized laboratory made according to methods established
by the Association of Official Analytical Chemists, where applicable.
C. Qualification Data: For landscape Installer.
D. Material Test Reports: For existing surface soil.
E. Planting Schedule: Indicating anticipated planting dates for exterior plants.
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LANDSCAPE PLANTING 329300 - 2
1.4 QUALITY ASSURANCE
A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful
establishment of exterior plants. Installer shall have a valid contractor C-27 license.
1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor
on Project site when exterior planting is in progress.
B. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State
Department of Agriculture, with the experience and capability to conduct the testing indicated and
that specializes in types of tests to be performed.
C. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of
organic matter; gradation of sand, silt, and clay content; pH; and mineral and plant-nutrient content of
topsoil.
1. Report suitability of topsoil for plant growth. State recommended quantities of nitrogen,
phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory
topsoil.
D. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with
applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock."
E. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or
canes in their normal position. Do not prune to obtain required sizes.
F. Observation: City authorized representative may observe trees and shrubs at site before planting for
compliance with requirements for genus, species, variety, size, and quality. City authorized
representative retains right to observe trees and shrubs further for size and condition of balls and
root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at
any time during progress of work. Remove rejected trees or shrubs immediately from Project site.
1. Notify City authorized representative of planting materials seven days in advance of delivery to
site.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Do not prune trees and shrubs before delivery, except as approved by City authorized
representative. Protect bark, branches, and root systems from sunscald, drying, sweating, whipping,
and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as
to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not
drop exterior plants during delivery.
B. Handle planting stock by root ball, container, or box.
C. Deliver exterior plants after preparations for planting have been completed and install immediately. If
planting is delayed more than six hours after delivery, set exterior plants trees in shade, protect from
weather and mechanical damage, and keep roots moist.
1. Do not remove container-grown stock from containers before time of planting.
2. Water root systems of exterior plants stored on-site with a fine-mist spray. Water as often as
necessary to maintain root systems in a moist condition.
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LANDSCAPE PLANTING 329300 - 3
1.6 COORDINATION
A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions
permit.
1.7 WARRANTY
A. Special Warranty: Warrant the following exterior plants, for the warranty period indicated, against
defects including death and unsatisfactory growth, except for defects resulting from lack of adequate
maintenance, neglect, or abuse by Owner, or incidents that are beyond Contractor's control.
1.Warranty Period for Trees and 5-gallon Shrubs: One year from date of Substantial
Completion.
2.Warranty Period for Ground Cover 1-gallon plants: Three months from date of Substantial
Completion.
3.Remove dead exterior plants immediately. Replace immediately unless required to plant in
the succeeding planting season.
4.Replace exterior plants that are more than 25 percent dead or in an unhealthy condition at end
of warranty period.
5.A limit of one replacement of each exterior plant will be required, except for losses or
replacements due to failure to comply with requirements.
1.8 MAINTENANCE
A. Trees, Shrubs, and Ground cover plants: Maintain for the following maintenance period by pruning,
cultivating, watering, weeding, fertilizing, restoring planting to original specification where needed,
tightening and repairing stakes and supports, and resetting to proper grades or vertical position, as
required to establish healthy, viable plantings. Spray as required keeping trees and shrubs free of
insects and disease. Restore or replace damaged tree wrappings.
1. Maintenance Period: 90 calendar days from date of Substantial Completion.
2.Maintenance operations shall include:
a.Cultivation and weeding plant beds and tree pits. Cultivation and weed removal shall
be continuous throughout maintenance period.
b.Application of herbicides for weed control shall be in accordance with manufacturer's
instructions. Remedy all damage resulting from use of herbicides.
c. Application of pesticides shall be in accordance with manufacturer's instructions.
Remedy all damage from use of pesticides.
d.Irrigating sufficient to saturate root system and maintenance of irrigation system.
e.Trimming and pruning, including removal of clippings and dead or broken branches and
treatment of pruned areas or other wounds.
f.Disease and rodent control within project limits.
g.Maintaining tree stakes and ties. Adjust and/or replace ties to keep tight. Repair or
replace accessories when required.
PART 2 - PRODUCTS
2.1 TREE AND SHRUB MATERIAL
A. General: Furnish nursery-grown trees and shrubs complying with ANSI Z60.1, with healthy root
systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy,
vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sunscald, injuries,
abrasions, and disfigurement.
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LANDSCAPE PLANTING 329300 - 4
B. Grade: Provide trees and shrubs of sizes and grades complying with ANSI Z60.1 for type of trees
and shrubs required. Trees and shrubs of a larger size may be used if acceptable to City authorized
representative, with a proportionate increase in size of roots or rootballs.
C. If formal arrangements for consecutive order of trees or shrubs are shown, select stock for uniform
height and spread.
2.2 GROUND COVER PLANTS
A. Ground Cover: Provide ground cover of species indicated, established and well rooted in pots, or
similar containers, and complying with ANSI Z60.1.
2.3 ORGANIC SOIL AMENDMENTS
A. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform
texture, free of chips, stones, sticks, soil, or toxic materials.
2.4 FERTILIZER
A. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast-
and slow-release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde,
phosphorous, and potassium in the following composition:
1.Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports
from a qualified soil-testing agency.
B. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble
nitrogen, phosphorus, and potassium in the following composition:
1.Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports
from a qualified soil-testing agency.
2.5 MULCHES
A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs,
consisting of one of the following:
1. Type: Ground or shredded bark or Wood and bark chips.
2.6 STAKES AND GUYS
A. Upright Stakes: Sound, new pressure-preservative-treated lodge pole, free of holes, cross grain,
and other defects, 2-inch diameter by length indicated, pointed at one end.
B. Rubber Tree Ties: Cinch Tie or equal.
2.7 PLANTING SOIL MIX
A. Planting Soil Mix: Mix topsoil with the following soil amendments and fertilizers in the following
quantities:
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LANDSCAPE PLANTING 329300 - 5
1. Ratio of Loose Wood Derivatives to Topsoil by Volume: 1:4.
2. Weight of Commercial Fertilizer per 1000 Sq. Ft.: 10 lbs.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas to receive exterior plants for compliance with requirements and conditions affecting
installation and performance. Proceed with installation only after unsatisfactory conditions have
been corrected.
3.2 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing
exterior plants from damage caused by planting operations.
B. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-
bearing water runoff or airborne dust to adjacent properties and walkways.
C. Lay out individual tree and shrub locations and areas for multiple exterior plantings.
3.3 PLANTING BED ESTABLISHMENT
A. Loosen sub-grade of planting beds to a minimum depth of 4 inches. Remove stones larger than 2
inches in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose
of them off Owner's property.
1. Spread amendments and fertilizer onto surface, and thoroughly incorporate into the top 4”
depth of soil by roto-till, or equal.
B. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine
texture. Roll and rake, remove ridges, and fill depressions to meet finish grades.
C. Restore planting beds if eroded or otherwise disturbed after finish grading and before planting.
3.4 TREE AND SHRUB EXCAVATION
A. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area
raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides
of plant pit smeared or smoothed during excavation.
1. Excavate approximately three times as wide as ball diameter for container-grown stock.
B. Subsoil removed from excavations may be used as backfill.
C. Obstructions: Notify City authorized representative if unexpected rock or obstructions detrimental to
trees or shrubs are encountered in excavations.
D. Drainage: Notify City authorized representative if subsoil conditions evidence unexpected water
seepage or retention in tree or shrub pits.
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LANDSCAPE PLANTING 329300 - 6
3.5 TREE PLANTING
A. Set container-grown stock plumb and in center of pit or trench with top of root ball 1 inch above
adjacent finish grades.
1.Carefully remove root ball from container without damaging root ball or plant.
2.Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and
air pockets. When pit is approximately one-half backfilled, water thoroughly before placing
remainder of backfill. Repeat watering until no more water is absorbed. Water again after
placing and tamping final layer of planting soil mix.
B. Organic Mulching: Apply 3-inch average thickness of organic mulch extending 12 inches beyond
edge of planting pit or trench. Do not place mulch within 3 inches of trunks or stems.
3.6 SHRUB PLANTING
A. Shrub installation.
1. Positioning: After removing plant from container, scarify side of root ball to prevent formation
of girdling roots and position plant in planting pit.
2.Backfilling: Use planting soil mix to backfill plant pits. Set each plant plumb and brace rigidly
in position until planting soil has been tamped solidly around the ball and roots. When plant
pits have been backfilled approximately two-thirds (2/3) full, water thoroughly and saturate root
ball before installing remainder of the backfill mix, eliminating all air pockets. Install remainder
of mix to top of pit.
3.Where fertilizers are recommended, use a slow-release fertilizer. Place evenly distributed in
plant pits when backfilled two-thirds (2/3) to finish grade according to the schedule.
4.Adjustment: Adjust plants to that after full settlement has occurred; the natural grade at the
base of the plants is one (1) inch above the adjacent planting finish grade.
B. Watering Basin: Form saucer with four (4) inches high berm centered around shrub pits twelve (12)
inches wider than ball diameter.
C. Watering: Water all plants immediately after planting.
D. Labels: Remove all nursery-type plant labels from plants.
3.7 STAKING
A. Upright Staking and Tying: Stake all single trunk trees. Use a minimum of 2 stakes of length
required to penetrate at least 18 inches below bottom of backfilled excavation and to extend at least
72 inches above grade. Set vertical stakes and space to avoid penetrating root balls or root masses.
Support trees with two rubber ties at contact points with tree trunk. Allow enough slack to avoid rigid
restraint of tree.
3.8 WEED ABATEMENT
A. Weed Abatement Prior to Planting:
1.Water all areas thoroughly and uniformly. Continue watering at the frequency and duration
necessary to germinate all residual week seeds, and as directed by the Agency’s Authorized
Representative.
2.Unless otherwise directed, maintain watering for not less than three (3) weeks.
3.When perennial weeds appear, apply approved contact herbicide over affected areas. Apply
in accord with manufacturer’s instructions.
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LANDSCAPE PLANTING 329300 - 7
4. When annual weeds appear, apply approved contact herbicide over affected areas. Apply in
accord with manufacturer’s instructions.
5. Do not water affected areas for a period of four (4) days minimum, following application of
contact herbicides.
6. Follow manufacturer’s instructions relating to time required for chemicals to effectively destroy
week growth.
7. Resume watering, and continue for a second period of three (3) weeks.
a. A shorter watering period may be permitted by the Agency’s Authorized Representative,
as determined by project conditions.
8. Discontinue watering for one (1) day prior to a second application of herbicide spraying.
a. Reapply straight contact herbicide in accord with manufacturer’s instructions.
b. Do not water treated areas for a period of four (4) days minimum following application of
herbicide.
c. Remove all desiccated weeds from the slopes to the finish grade.
3.9 PLANTING BED MULCHING
A. Mulch surfaces of planting beds and other areas indicated.
1. Organic Mulch: Apply 3-inch average thickness of organic mulch, and finish level with
adjacent finish grades. Do not place mulch against plant stems.
3.10 CLEANUP AND PROTECTION
A. During exterior planting, keep adjacent pavings and construction clean and work area in an orderly
condition.
B. Protect exterior plants from damage due to landscape operations, operations by other contractors
and trades, and others. Maintain protection during installation and maintenance periods. Treat,
repair, or replace damaged exterior planting.
3.11 DISPOSAL
A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash,
and debris, and legally dispose of them off Owner's property.
END OF SECTION
159
Appendix III
APPENDIX IV
STANDARD ENCROACHMENT PERMIT CONDITIONS
160
CITY OF MOORPARK
STANDARD ENCROACHMENT PERMIT CONDITIONS
Pursuant to Moorpark Municipal Code (Code) Section 1.04.150, Excerpts from Chapter 12.04 of the Code,
and City Engineer / Public Works Director Requirements.
PUBLIC SAFETY MEASURES:
1.In the conduct of the encroachment work, supplies and excavated materials shall be properly placed and the Permittee shall provide and maintain such safety
devices including but not limited to lights, barricades, signs, and guards as are necessary to protect the public. Any omission on the part of the City Engineer to
specify in the permit what safety devices shall be provided by or preventive action required of the Permittee shall not excuse the Permittee from complying with
all laws, regulations and ordinances relating to the protection of persons or property under the circumstances. If the City Engineer finds that suitable safeguards
are not being provided, he may provide, maintain, and relocate such safety devices or take such action as is deemed necessary, charging the Permittee in
accordance with the schedule of charges as adopted by the City Council.
2.A Permittee making any excavation or leaving any obstruction which could be a hazard to persons using the right of way shall provide and maintain warning
lights far enough away from the excavation or obstruction to give adequate warning to such persons, and at not more than fifty (50) foot intervals along the
excavation or obstruction, from one-half (1/2) hour before sunset of each day to one-half (1/2) hour after sunrise the next day, until the work is completed and
the right of way made safe for use.
3.All safety devices shall conform to the requirements of the Manual of Traffic Control Devices, and the California Vehicle Code, so far as such laws, regulations
and manuals are applicable.
CLEANUP, BACKFILLING AND COMPACTION CODE CONDITIONS:
4.Restoration of Right-Of-Way - Upon completion of the encroachment work authorized by a permit, the Permittee shall restore the right of way, including
bridges and any other structure thereon, by replacing, repairing, or rebuilding it in accordance with the specifications or any special requirement but not less
than to its original condition before the encroachment work was commenced. The Permittee shall remove all obstructions, materials, and debris upon the right
of way and shall do any other work necessary to restore the right of way to a safe and usable condition, as directed by the City Engineer. Where excavation
occurs within areas already paved, the City Engineer may require temporary paving to be installed within twenty-four (24) hours after the excavated area is
backfilled. In the event that the Permittee fails to act promptly to restore the right of way as provided herein, or should the nature of any damage to the right of
way require restoration before the Permittee can be notified or can respond to notification, the City Engineer may, at his option, make the necessary
restoration. The Permittee shall reimburse the City in accordance with the schedule of charges as adopted by the City Council.
5.Cleanup After Completion - Immediately after completion of the work, the Permittee shall cleanup and remove all digalert marks, materials, earth and debris of
any kind. If the Permittee fails within 24 hours after having been notified to do so by the City Engineer, the work may be done by the City Engineer and the
Permittee charged in accordance with the schedule of charges adopted by the City Council. When a pole, guy-stub or similar timber is removed and not
replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
6.Backfilling and Compaction - Backfilling and compaction of an excavation shall be in accordance with standards established by the City Engineer and adopted by
resolution of the City Council, both as to material and method. Backfilling shall commence with forty-eight (48) hours after work in a trench is completed.
PROTECTION AND REPAIR OF EXISTING FACILITIES CODE CONDITION:
7.The Permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground, by a method satisfactory to
the owner. The owner has the right to support or protect any of its facilities at the sole expense of the Permittee. In case of any said wires, cables, pipes,
conduits, poles or apparatus should be damaged (and for this purpose, pipe coating or other encasement of devices are considered as part of the structure),
they may be repaired by the owner at the expense of the Permittee, or, if authorized by the owner, may be repaired by the Permittee under the supervision of
the owner. The expense of repairs to any damaged facilities shall be borne by the Permittee.
TRAFFIC CONDITIONS:
8.Vehicular and pedestrian traffic on all streets shall be permitted to pass through the work area with as little inconvenience as possible, but at no time shall the
roads be closed.
9.Flaggers shall be used on all streets where the traffic is restricted to less than two traffic lanes.
10.Maintaining of vehicular traffic through the work area shall conform to Standard Land Development Specifications Section 7-10 “Public Convenience and
Safety”. (Green Book Section 7-10)
11.All improvements within the road right of way which include road signs, road striping, road symbols, etc., which were damaged removed, or obliterated as a
result of the Permittees work shall be repaired and/or replaced. Repairs and replacements shall be equal to or better than the existing improvements and shall
match them in finish and dimensions.
12.At the end of each work day, all roads shall be restored to two-way traffic. The road surface shall be brought to a smooth, even condition free of humps and
depressions, satisfactory for use by the monitoring public.
13.Detours shall be in accordance with Caltrans Traffic Manual, Chapter 5, and shall be approved by the City Engineer. Applications, including plans, shall be
submitted to the City Engineer three weeks before the anticipated date of the detour. Permittee shall continually maintain the permitted work, trenches,
backfill, paving and all other road facilities affected by this permit.
ADDITIONAL REQUIREMENTS:
14.All work authorized by this permit shall be performed in accordance with the conditions and requirements of the Municipal Code, Ventura County Code,
Ventura Countywide Stormwater Quality Management Program (VSQMP), National Pollutant Discharge Elimination System (NPDES) permit CAS004002, and all
State and Federal requirements, including those pertaining to the Clean Water Act.
161
15. CALL FOR INSPECTION PRIOR TO PLACING CONCRETE.
16. All Contractors and Subcontractors shall obtain City Business Registration Permit.
17. Protect in place all survey monuments. If any survey monuments will be affected by the work, a California licensed land surveyor or licensed civil engineer
legally authorized to practice land surveying is required to re-establish the affected monuments, at the Permittee's expense, prior to work, and a corner record
or record of survey shall be filed with County Surveyor (California Business & Professions Code Section 8771.
18. Dig Alert (Underground Service Alert, Dial 811) is to be called for proposed excavation, following the procedures in California Government Code beginning at
§4216. A USA number must be obtained before the issuance of the City Permit. The work is not to be called in until the Permit is ready for issuance. All layout
and utility markings are to be removed from concrete and decorative surfaces in order to finalize/close the permit.
19. Work hours are 9:00 AM to 3:00 PM, Monday through Friday unless shown otherwise on the approved permit. No work on City Holidays. Notify the City 24
hours in advance of the start of work and every day an inspection will be required at (805) 517-6362. A copy of the complete permit and attachments must be
on site at all times. Solid waste must be handled by either Waste Management (805) 522-9400, or Moorpark Rubbish Disposal (805) 526-1919, the City's
exclusive franchised haulers. No storage or stockpiling of material is to occur in the right of way.
INDEMNIFICATION AND HOLD HARMLESS:
20. Permittee shall indemnify, defend, and hold harmless City, its officers, employees, and agents (Indemnitees) from any and all losses, costs, expenses, claims,
liabilities, actions, or damages; including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in
any way connected with Permittee's authorized activities under the terms of this permit unless solely caused by the gross negligence or willful misconduct of
City, its officers, employees, or agents.
21. It is expressly understood and agreed between the parties to this Permit that this is an agreement and permit for access to and for certain events to occur or
work to take place on City property. This Agreement and permit is not a construction contract or an agreement for design professional services, as those terms
are defined or used under Title 12 of the California Civil Code (§§ 2772 et. seq.).
22. City does not and shall not waive any rights that it may have against Permittee 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 Permit. 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.
INSURANCE:
23. Permittee shall maintain and provide commercial general liability insurance, with coverage at least as broad as Insurance Services Office for CG 00 01, in an
amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include
coverage for contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language, will not be accepted. Any
insurance proceeds available to Permittee in excess of the minimum limits and coverage set forth in this Permit, and which is applicable to a given loss or claim,
shall be deemed by this Permit to be applicable to the City. A certificate of insurance evidencing this coverage shall be provided to the City prior to the start of
any work under this Encroachment Permit.
24. The City is to be named as an additional insured with an endorsement in favor of the City.
25. Coverage provided by Permittee shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.
The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain, or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the
City's own insurance, or self-insurance shall be called upon to protect it as a named insured.
26. A severability of interests provision must apply for all additional insureds, ensuring that Permittee's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
27. 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 in writing.
28. If Permittee maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by
Permittee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
29. Permittee must also maintain worker's compensation insurance as required by applicable laws.
DUTY TO DEFEND:
30. As an express and material term of City's issuance of this Permit, Permittee agrees to defend, at its sole expense, the indemnitees from and against any and all
claims arising out of or related to the permitted encroachment. Permittee's duty to defend shall apply immediately upon demand from the indemnitees for any
injury or death to persons or damage to property occasioned by reason of or arising out of the acts or omissions of the City, its officers, employees and/or
agents and the acts or omissions of Permittee, his/her/its agents, employees, contractors and subcontractors an/or any other person or entity performing work
authorized by this permit.
31. In the event of any controversy, claim or dispute arising out of or relating to this Permit or the violation of any covenant contained herein, the prevailing party
shall be entitled to receive from the losing party reasonable expenses, including attorney's fees and costs.
December 2016
162
Appendix V
APPENDIX V
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
163
Appendix V
City of Moorpark
Stormwater Pollution Control Plan
Over One Acre*
SWPCP No. ___________
(City Engineer/Public Works Director will assign # upon first review of SWPCP)
Project is (circle one): Public1 Private
Project Name:
Project Number:
Project Location:
Capital Improvement Project No.:2
Project Contractor Responsible for
SWPCP Implementation:
Name/Phone Number
Start Date:
Completion Date:
SWPCP Prepared by:
Name and Title:
Company Name:
Phone Number
Date:
*This SWPCP is required for all projects that disturb more than one acre of soil, but
have been determined to not be applicable to the State General Construction
NPDES Permit.
One Acre equals 43,560 square feet.
1 Public refers to the City of Moorpark, not other public agencies. 2 A CIP number is assigned to Public projects administered by the City of Moorpark.
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Stormwater Pollution Control Plan for Projects Over One Acre
Page 2 of 11
REQUIREMENTS FOR A
STORMWATER POLLUTION CONTROL PLAN
Prior to the issuance of a notice to proceed, contractor shall prepare and submit a
Stormwater Pollution Control Plan (SWPCP), on the form provided herein, for the review
and approval of the City Engineer/Public Works Director or his designee.
The purpose of the SWPCP is to identify potential pollutant sources that may affect the
quality of discharges and to design the use and placement of Best Management
Practices (BMPs) to effectively prohibit the entry of pollutants from the maintenance site
into the storm drain system during landscaping activities. Erosion and sediment source
control BMPs should be considered for both active and inactive (previously disturbed)
areas. BMPs for wind erosion and dust control are also included. The SWPCP may
require modification as the project progresses and as conditions warrant.
The SWPCP shall be developed and implemented in accordance with the Ventura
Countywide Stormwater Quality Management Program, National Pollutant Discharge
Elimination System (NPDES) Permit No. CAS004002 (Order R4-2010-0108), and any
other requirements established by the City of Moorpark.
The applicant/owner is responsible for ensuring that all project contractors and
subcontractors implement all applicable BMPs.
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Stormwater Pollution Control Plan for Projects Over One Acre
Page 3 of 11
STORMWATER POLLUTION CONTROL PLAN
Definitions:
SWPCP - Stormwater Pollution Control Plan
BMP - Best Management Practice
The SWPCP and BMP references are from the California BMP Handbook, Construction,
January 2003; and the Caltrans Stormwater Quality Handbook – Construction Site BMP
Manual, March 2003.
Responsible Party Information
Project Owner/Developer:
Mailing Address:
City:
State:
Zip:
Phone:
Contractor Information
Contractor :
Mailing Address:
City:
State:
Zip:
Phone:
Contractor’s Authorized
Representative:
Phone:
Estimated Start Date:
Estimated Completion Date:
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Stormwater Pollution Control Plan for Projects Over One Acre
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Site Map Requirements
In addition to proposed plans, provide the following information, if applicable.
Parcel Size = __________ square feet (one acre equals 43,560 square feet).
Boundary of site: area = __________ square feet.
Existing paved areas and buildings.
Areas of existing vegetation to be protected/preserved.
Areas where it is known that toxic materials have been stored, disposed, spilled,
or leaked onto the construction site.
Affected water courses, lakes, wetlands, springs, and wells.
Watershed boundary of offsite areas that drain into site.
Boundary of drainage area where stormwater leaves property.
Areas of soil disturbance and locations of potential soil erosion areas requiring
BMPs during project.
Areas of cut and fill.
Locations of existing storm drain facilities.
Types and locations of stormwater structures, controls, and/or BMPs that will be built/utilized to
control stormwater pollution during project. Provide a brief description of BMPs selected and, if
appropriate, attach modified fact sheets or additional information.
Material storage areas.
Temporary stockpile and waste storage areas.
Vehicle storage and service areas.
The above information should be updated as needed to meet evolving construction
conditions.
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Stormwater Pollution Control Plan for Projects Over One Acre
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Inventory of Contractor’s Activities and Special Conditions
1. Describe materials, equipment, and vehicles that will be used onsite.
2. Describe the existing soil and source description of fill material (reference or
attach soils report).
3. Provide a description of special site conditions that may contribute pollutants to
all discharges and how they are to be controlled.
4. Describe stormwater structures/controls on the site prior to beginning the project
and how these structures/controls will be integrated into the SWPCP to reduce
sediment and other pollutants in all discharges.
5. Provide the sequence for implementation or installation or proposed BMPs.
6. List waters, other than stormwater, which will flow from the site during dry
weather, the approximate amount of flow, and methods for preventing or treating
these dry weather flows.
Attach sheets if additional space is required.
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Stormwater Pollution Control Plan for Projects Over One Acre
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Monitoring, Inspection, and Maintenance Requirements
1. Implement maintenance/repair efforts to ensure that the required BMPs are in
good and effective condition. (A maintenance/repai
2. Before start of project and during contract annually train all site personnel
responsible for installing, inspecting, and maintaining BMPs: (Training
tachment 2.
Contractor must forward copy of training record to the City Engineer/Public
Works Director.
3. Keep records and document on Inspection form (Attachment 1):
annual inspection
pre-storm inspection
post-storm inspection
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Stormwater Pollution Control Plan for Projects Over One Acre
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Best Management Practices - BMPs
Complete the following charts. The BMPs listed may be used if applicable or adequate.
Additional BMPs may apply. Please do not attach the BMP Fact Sheets referenced from the
CASQA or Caltrans BMP Handbooks to the City’s copy of the SWPCP; however, the BMP Fact
Sheets must be attached to the SWPCP that is kept at the project site. BMPs can be
downloaded from the CASQA website www.casqa.org or Caltrans website
http://www.caltrans.ca.gov.
CASQA or Caltrans BMPs Selected – Noted
by Ref. ID from the BMP Handbooks
Use BMP
(If no, state reason) Yes No
Erosion Control BMPs
EC-1 or
SS-1 Scheduling
EC-2 or
SS-2
Preservation of Existing
Vegetation
EC-3 or
SS-3 Hydraulic Mulch
EC-4 or
SS-4 Hydroseeding
EC-5 or
SS-5 Soil Binders
EC-6 or
SS-6 Straw Mulch
EC-7 or
SS-7 Geotextiles and Mats
EC-8 or
SS-8 Wood Mulch
Sediment Control BMPs
SE-1 or
SC-1 Silt Fence
SE-5 or
SC-5 Fiber Rolls
SE-6 or
SC-6 Gravel Bag Berm
SE-7 or
SC-7 Street Sweeping and/or Vacuum
SE-8 or
SC-8 Sandbag Barrier
SE-10 or
SC-10 Strom Drain Inlet Protection
TC-1 Stabilized Construction
Entrance/Exit
Additional Controls
WE-1 Wind Erosion Controls
BMPs
TC-1
Stabilized Construction
Entrance/Exit
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Stormwater Pollution Control Plan for Projects Over One Acre
Page 8 of 11
CASQA or Caltrans BMPs Selected – Noted
by Ref. ID from the BMP Handbooks
Use BMP
(If no, state reason) Yes No
TC-2
Stabilized Construction
Roadway
TC-3 Entrance/Exit Tire Wash
Non-Stormwater Management
NS-1 Water Conservation Practices
NS-2 Dewatering Operations
NS-8 Vehicle and Equipment Washing
NS-9 Vehicle and Equipment Fueling
Waste Management
WM-1 Material Delivery & Storage
WM-3 Stockpile Management
WM-4 Spill Prevention & Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management
WM-9 Sanitary/Septic Waste Mgmt.
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Stormwater Pollution Control Plan for Projects Over One Acre
Page 9 of 11
CERTIFICATION
Contractor
As the Contractor of record, I have selected appropriate BMPs to effectively minimize
the negative impacts of this project’s activities on stormwater quality. The project owner
is aware that the selected BMPs must be installed, monitored, and maintained to ensure
their effectiveness. The BMPs not selected for implementation are redundant or
deemed not applicable to the proposed activity.
Name: Title:
Signature: Date:
REVIEWED BY CITY:
Name: Title:
Signature: Date:
Acceptance or approval of this Stormwater Pollution Control Plan in no way precludes
the authority of the agency to require modification to the plan as conditions warrant nor
does the agency take responsibility for performance of BMPs provided for in the plan.
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Stormwater Pollution Control Plan for Projects Over One Acre
Page 10 of 11
ATTACHMENT 1 TO SWPCP
SITE INSPECTION CHECKLIST
Contractor shall complete this checklist and keep a copy with the SWPCP a minimum of:
Monthly during nonrainy season (April 16 through September 30)
Weekly during rainy season (Oct. 1 through April 15)
Before, during and after a significant rain event (.25” or greater)
DATE OF INSPECTION: _________________________
Project Name:___________________________Contractor:_____________________
Weather Conditions during inspection:____________________________________
Item
Compliance
Accomplished
YES NO N/A
Date Completed
1 Is the site entrance stabilization adequate?
2 Are equipment/vehicles parked in designated areas and
free from significant leaks? Are drip pans present as
needed?
3 Are maintenance areas free from stains on the soil?
4 Are all materials stored in bins or covered in plastic and
protected from stormwater?
5 Is construction waste being disposed of in proper trash
containers?
6 Are concrete washout stations present and being utilized
and maintained?
7 Is fugitive dust being controlled and water being used as
needed?
8 Are catch basins, drainage channels, drain inlets/outlets
being protected?
9 Are erosion control measures (BMPs) identified in
SWPCP in place and effective?
10 Are sediment control measures (BMPs) identified in
SWPCP in place and effective?
Comments:__________________________________________________________________________
____________________________________________________________________________________
I certify under penalty of law that this inspection is true, and I or a qualified assigned
person has performed the required inspection as stated in the SWPCP.
________________________________ ___________________________________
Inspector Signature Contractor Signature
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Stormwater Pollution Control Plan for Projects Over One Acre
Page 11 of 11
ATTACHMENT 2 TO SWPCP
TRAINED CONTRACTOR PERSONNEL LOG
Employees and subcontractors must be trained on the SWPCP prior to start of
the project and annually thereafter. Contractor shall keep original training logs in
the SWPCP and forward a copy to the City Engineer/Public Works Director.
Stormwater Management Training Log
Project Name:
Project Number/Location:
Stormwater Management Topic: (check as appropriate)
Erosion Control Sediment Control
Wind Erosion Control Tracking Control
Non-stormwater management Waste Management and Materials Pollution Control
Stormwater Sampling
Specific Training Objective:
Location: Date:
Instructor: Telephone:
Course Length (hours):
Attendee Roster (attach additional forms if necessary)
Name Company Phone
COMMENTS:
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Appendix VI
APPENDIX VI
CITY HOLIDAYS – 2018
Monday, January 1: New Year’s Day Observed
Monday, January 15: Martin Luther King, Jr. Day
Monday, February 19: Presidents Day
Friday, March 30: Cesar Chavez Day
Monday, May 28: Memorial Day
Wednesday, July 4: 4th of July
Monday, September 3: Labor Day
Monday, November 12: Veterans Day Observed
Thursday, November 22: Thanksgiving Day
Friday, November 23: Extended Thanksgiving Holiday
Monday, December 24: Extended Christmas Holiday
Tuesday, December 25: Christmas Day
Monday, December 31: Extended New Year’s Holiday
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