Loading...
HomeMy WebLinkAboutAGENDA REPORT 2019 0918 REG CCSA ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of September 18, 2019 ACTION A pproved Staff Recommendation and Adopted Resolution No. 2019-3850. BY B.Garza E. Consider Award of Agreement to Civic Construction Associates for Construction of Improvements at Various Parks; Agreement with Phoenix Civil Engineering, Inc., for Construction Management and Engineering Services; and Resolution Amending Fiscal Year 2019/20 Budget. Staff Recommendation: 1) Award bid to Civic Construction Associates for a total contract value of $416,573; and authorize City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Approve Agreement with Phoenix Civil Engineering, Inc. for a not-to-exceed amount of $59,780, and authorize City Manager to sign the Agreement, subject to final language approval of the City Manager; and 3) Adopt Resolution No. 2019-______, amending FY 2019/20 budget, to fully fund the project. (ROLL CALL VOTE REQUIRED) (Staff: Jeremy Laurentowski) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 09/18/19 Regular Meeting SUBJECT: Consider Award of Agreement to Civic Construction Associates for Construction of Improvements at Various Parks; Agreement with Phoenix Civil Engineering, Inc., for Construction Management and Engineering Services; and Resolution Amending Fiscal Year 2019/20 Budget BACKGROUND On April 18, 2018 staff presented an agenda report to the City Council highlighting the need for various improvements at Country Trail Park, including replacement of the playground equipment and installation of an accessible path of travel from the parking lot to the play area that meets the requirements of the Americans with Disabilities Act (ADA). Staff also recommended the installation of a sand play area at Peach Hill Park to augment the existing play amenities. It was noted that the sand in the play areas at Peach Hill Park was replaced with Engineered Wood Fiber (EWF) in 2013; however, the installation of a dedicated sand play area was delayed at that time due to budgetary constraints. In April 2019 staff released a Request for Proposal (RFP) for purchase and installation of playground equipment at Country Trail Park, Miller Park, Campus Canyon Park, Peach Hill Park, and Glenwood Park. The RFP also included miscellaneous components to be installed at Tierra Rejada Park, and Mammoth Highlands Park. In May of 2019, the City Council awarded four contracts totaling $650,600 to various playground vendors for the equipment. At that time it was noted that installation of the playground equipment would be coordinated with the other ADA-related modifications and sand play area installation at various City parks, and that these modifications would be performed by a separate general contractor (GC). In July 2019, the City Council approved the plans and specifications for this additional work and authorized staff to solicit bids. Item: 10.E. 75 Rather than delay installation of the new play equipment at Country Trail Park while bidding for general contractor services, City staff removed the existing playground equipment and coordinated various play area modifications, including installation of ADA ramps and a dedicated sand play area, with its on-call masonry contractor. Playground installation at Country Trail Park began in early September. New equipment to replace two damaged play items at Tierra Rejada Park was also ordered and installed in early September. Contracts for the remaining playground equipment have been executed, and the equipment orders are waiting to be finalized, pending hiring of the GC and scheduling of the ADA-related modifications and/or sand play area installation at the remaining park locations. DISCUSSION A notice inviting bids for the GC services for playground improvements was published on July 31 and August 5, 2019. A mandatory pre-bid site meeting was held on August 6, 2019 and was attended by nine (9) contractors. Two bids were received by the due date of August 20, 2019. The results, based on the total base bid amount, are: Civic Construction Associates $362,394.00 Draper Construction, Inc. $439,825.00 The bids were evaluated on their completeness and cost. The apparent low bidder is Civic Construction Associates (Civic). Civic possesses the necessary qualifications, resources and experience to perform the work. In addition, staff is recommending approval of an Agreement with Phoenix Civil Engineering, Inc. (Phoenix) to provide construction management and engineering services for the project. Phoenix will provide a variety of project management services including, but not limited to, ensuring compliance with the plans and specifications, submittal review, response to contractor requests for information, change order review and preparation, field verification and inspections, contractor Prevailing Wage compliance monitoring, and as-needed engineering modifications and plan revisions. The cost for these services is $59,780 and is a not-to-exceed agreement based on time and materials. FISCAL IMPACT The total cost for Civic’s scope of work across all locations is $362,394, and staff is recommending a contingency of $54,359 be added to the contract for a total contract amount of $416,753. The cost for Phoenix’s construction management and engineering services on the project is $59,780, bringing the total cost for both contracts to $476,533. The following table itemizes the total costs for both among the park locations. 76 Construction (including contingency) Construction Management/ Engineering Country Trail Create ADA Accessible Pathway from parking lot to playground area, update Parking Area to be ADA compliant, install decomposed granite pathway around perimeter of park. $291,669 $41,838 Campus Canyon Remove existing playground and sand, install ADA ramp into the play area, install EWF in play area $25,109 $3,602 Miller Remove existing playground and sand, create sand play area, install ADA ramp into the play area, install EWF in play area $37,375 $5,361 Glenwood Remove existing tot playground and sand, install ADA ramp in to the play area, install EWF in play area, create ADA accessible pathway from Harvester Street to the playground $27,916 $4,004 Campus Remove existing swing set and sand, install ADA ramp to the swing, install EWF under the swings $13,984 $2,006 Peach Hill Sand play area installation $20,700 $2,969 Total Contract Costs:$416,753.00 $59,780.00 Grand Total (all services):$476,533.00 Park Improvements Contract Costs The following table compares the cost of these contracts, distributed across the available funding sources (Park Improvement Zones 1 and 2), to the currently available funding. 77 FUND CONTRACT COST AVAIL. BUDGET (FY 19/20) SURPLUS / (SHORTAGE) Construction: Campus Canyon & Campus Parks 2011 $39,093.00 $45,000.00 $5,907.00 Const. Mgmt. & Engineering: Campus Canyon & Campus Parks 2011 $5,608.00 $0.00 ($5,608.00) Total Fund 2011 $44,701.00 $45,000.00 $299.00 Construction: Country Trail, Miller, Peach Hill, & Glenwood Parks 2013 $377,660.00 $294,335.00* ($83,325.00) Const. Mgmt. & Engineering: Country Trail, Miller, Peach Hill, & Glenwood Parks 2013 $54,175.00 $0.00 ($54,175.00) Total Fund 2013 $431,835.00 $294,335.00 ($137,500.00) * Includes $25,000 budgeted for ADA Improvements in FY 2019/20 for Project M0002. As shown in the table above, budgeted funds in Park Improvement Zone 1 (Fund 2011) can be reallocated to cover the contract costs for work in Fund 2011, however an additional $137,500 is required to fund the contract costs for work in Park Improvement Zone 2 (Fund 2013). A budget amendment in the amount of $137,500 from Fund 2013 is requested to appropriate these funds in the FY 2019/20 budget, as detailed in Attachment 3. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Award bid to Civic Construction Associates for a total contract value of $416,573; and authorize City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2. Approve Agreement with Phoenix Civil Engineering, Inc. for a not-to-exceed amount of $59,780, and authorize City Manager to sign the Agreement, subject to final language approval of the City Manager; and 3. Adopt Resolution No. 2019-______, amending FY 2019/20 budget, to fully fund the project. Attachment 1: Agreement – Civic Construction Associates Attachment 2: Agreement – Phoenix Civil Engineering, Inc. Attachment 3: Resolution No. 2019-_____ 78 AGREEMENT BETWEEN THE CITY OF MOORPARK AND CIVIC CONSTRUCTION ASSOCIATES, FOR COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS THIS AGREEMENT, executed as of this ____ day of _____________________, 2019, between the City of Moorpark, a municipal corporation (“City”) and Civic Construction Associates, 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 improvements at Country Trail Park and several other parks as detailed in Contractor’s proposal; 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 September 4, 2019, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of the Agreement shall be from the date of City Council approval until completion of the work identified in the Scope of Services and in conformance with Exhibit C, 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 improvements at Country Trail Park and several other parks, as set forth in Exhibit C: Contractor’s Bid Proposal, dated August 20, 2019, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the “Proposal” and as set forth in Exhibit D, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as “Project Specifications”. Where said Scope of Services as set forth in Exhibit C and 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. 79 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 D. 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 three hundred sixty-two thousand three hundred ninety-four dollars ($362,394) as stated in Exhibit C, plus a contingency of fifty-four thousand three hundred fifty-nine dollars ($54,359) for a total contract value of four hundred sixteen thousand seven hundred fifty-three dollars ($416,753) 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 Timothy Hall, 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. 80 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 three hundred sixty-two thousand three hundred ninety-four dollars ($362,394) as stated in Exhibit C, plus a contingency of fifty-four thousand three hundred fifty-nine dollars ($54,359) for a total contract value of four hundred sixteen thousand seven hundred fifty-three dollars ($416,753) 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. 81 7.DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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) 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 82 such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10.INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have 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 83 obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11.INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12.INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. 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 84 the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13.LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14.ANTI DISCRIMINATION Neither the 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. 85 17.CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18.NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Chief Executive Officer Civic Construction Associates 79 Daily Drive, #171 Camarillo, CA 93010 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 86 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 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. 87 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. 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. 88 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CIVIC CONSTRUCTION ASSOCIATES _____________________________ __________________________________ Troy Brown, City Manager Timothy Lloyd Hall, Chief Executive Officer Attest: _____________________________ Ky Spangler, City Clerk 89 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. 90 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. 91 3.All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4.It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5.None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6.All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8.Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days’ notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9.It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party 92 involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11.Contractor agrees 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. 93 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 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. 94 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. 95 (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. 96 (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (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 privaty 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. 97 (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.) 98 EXHIBIT C BID FORMS CITY OF MOORPARK COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK: The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Moorpark to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein. The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached. Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License t; Number 'f ~LfLf r r 'Class A it ~ ~hich expires on -=-o ....... 7_/_'3_1_,J_-z_o_z_o __ fe. ~ 8 99 CITY OF MOORPARK BID SHEETS FOR COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS Bidder's Name: C,,o c:. C.thJ .\ J=t\tt.'tu:>i?l Ol S l O C ca:\-t-S To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the following prices: BASE AMOUNT: NOTE**unit costs should be inclusive of all materials, labor, etc. noted in the referenced plan set and specifications for that item.** ITEM EXT NO. REF NO. DESCRIPTION QTY UNIT COST AMOUNT MOBILIZATION/SPECIAL t'g. tt!. 1. 701-19 CONSTRUCTION 1 LS $}/)()!}(} $2J)OO{) REQUIREMENTS 2. PLANS COUNTRY TRAIL PARK SCOPE A o;',. cE 2.A PLANS A DEMOLITION, CLEARING AND 1 LS ~o $§0000 704-6 GRUBBING 2.B. PLANS A EXCAVATION AND SUBGRADE 1 LS $tJJjj)o $Soc;aJ 705-5 PLANS A ASPHALT CONCRETE ot> ~ --2.C. 706-6 PAVEMENT REPLACEMENT 1, 175 SF $}0 (,,,s-o pt? td PLANS A PAVEMENT DELINEATION, .- 2.D 1 LS }ttO $§"COD 708-5 MARKERS AND SIGNS 9 100 ITEM QTY UNIT COST EXT REF NO. DESCRIPTION AMOUNT NO. PORTLAND CEMENT tP f! PLANS A . /' 2.E CONCRETE IMPROVEMENTS 3,125 SF $ /-1<t (Z> 707-5 -J,::> ~~ 2.F PLANS A PORTLAND CEMENT 1, 150 SF 1s¢' $ /p 707-5 CONCRETE WALKWAY ,1 .. i> PLANS B COUNTRY TRAIL PARK-8 FT / ~}' ::> ~\ ~{ll> 3 SHT 1 WIDE DECOMPOSED GRANITE 14,000 SF $ ir/ SHT 8 TRAIL 1' ,,- COUNTRY TRAIL PARK SUB-TOTAL $ Z.~31 f:,LJ ' 4 PLANS MILLER PARK SCOPE B ·. '~ ti}, 4.A PLANS B PLAYGROUND 1 LS $(J<fJO $~ SHT2 DEMOLITION/SAND REMOVAL/ <ff PLANS B ADA ACCESSIBLE $ ;o<JO 4.8 SHT2 PLAYGROUND RAMPS 1 EA $ tJJc;O SHT 11 PLANS B l)<J ~ /' 4.C SHT2 PLAYGROUND CURB 25 LF $ $ SHT10 t{P 10d0 707-5 PLANS B /7 l PLAYGROUND SAND . .-$ 4.D SHT2 20 CUYD $ 1)Jo0 INSTALLATION loo PLANS B Ii~ cl' 4.E SHT2 PLAYGROUND SUMP 1 EA $ cl' $1' SHT9 INSTALLATION IL;o 705-5 10 101 ITEM UNIT COST EXT REF NO. DESCRIPTION QTY AMOUNT NO. PLANS B $ cl!. ~ 4.E SHT2 WOOD FIBER INSTALLATION 350 CUYD $ (do 4> r1 MILLER PARK SUB-TOTAL $ <jrJ )()0 5 PLANS GLENWOOD PARK SCOPE B PLANS B PLAYGROUND 5.A SHT3 DEMOLITION/POURED IN 1 LS }arJ ~oaJ PLACE/CONCRETE WALKWAY SHT4 DEMOLITION/SAND REMOVAL PLANS B ADA ACCESSIBLE $ 5.B SHT4 2 EA $ SHT11 PLAYGROUND RAMPS iuod v:;OO PLANS B 5.C SHT4 CONCRETE WALKWAY 1, 100 SF $ ell $ SHT12 INSTALLATION tO ltC0 6 707-5 PLANS B CUYD pt/ $ cl' 5.D WOOD FIBER INSTALLATION 95 $ .,- SHT3 it5 -¢~ t.f 21.J / GLENWOOD PARK SUB-TOTAL $ ii-~ 7 5 6 PLANS CAMPUS CANYON PARK SCOPE B PLANS B DEMOLITION OF $\ooCJO 6.A PLAYGROUND/POURED-IN-1 LS $ SHT5 PLACE/SAND REMOVAL \000() 11 102 COST EXT ITEM REF NO. DESCRIPTION QTY UNIT AMOUNT NO. .p ", PLANS B INSTALL ADA ACCESSIBLE 1 EA $ ~~ $ /00 6.B SHT 5 PLAYGROUND RAMPS Z,) SHT11 ,,~ PLANS B WOOD FIBER INSTALLATION 193 CUYD $ &" 10"~ 6.C ./ SHT5 ~tp / CAMPUS CANYON PARK SUB-TOTAL $ I~ <753~ .od 1 PLANS CAMPUS PARK SCOPE B ~l u.::- PLANS B DEMOLITION OF SWING SET 193 CUYD $¢ tt ~1:1) 7.A SHT6 REMOVAL OF SAND PLANS B INSTALL ADA ACCESIBLE 1 EA $1fl° $ iJffJ 7.B SHT6 PLAYGROUND RAMPS SHT 11 7.C. PLANS B WOOD FIBER INSTALLATION 43 CUYD $ 1 vo ~7oD SHT6 tO l~O 0;3, CAMPUS PARK SUB-TOTAL $ 8 PLANS PEACH HILL PARK SCOPE B PLANS B DEMOLITION/IRRIGATION 1 LS $5()()0 bOO 8.A SHT7 CHANGES J 12 103 ITEM REF NO. DESCRIPTION QTY UNIT COST EXT NO. AMOUNT PLANS B 8.B SHT7 PLAYGROUND CURB 80 LF $~0 $ SHT 10 yooO PLANS B PLAYGROUND SUMP 8.C SHT7 2 EA $ d ~ou SHT9 INSTALLATION frorJ PLANS B PLAYGROUND SAND 8.D SHT7 30 CUYD $ $?000 INSTALLATION l oO PEACH HILL PARK SUB-TOTAL $ l(oOOO , oO J TOTAL BASE BID AMOUNT #?'4~ %21 . Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. Project Completion Timeline: 60 Working Days from Notice to Proceed 13 > 104 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name: Ct\J \ C. Gn :rrrJ.\l C.DPN &':>loe1e,h < (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) (4) (5) (6) (7) Business Address: 7'\ 'l?ei.1 l '1 Telephone: t!IJ5-~S/-S"Z 11 1>£1'1£. I $(1 J ~ft{?1 \\~; CA Facsimile: aos -"'Is Z.-100'? G) ~o \ (J Type of Firm -Individual, Partnership, LLC or Corporation: Cort'!•~\\ oJ Corporation organized under the laws of the State of: CAt.-\. f"o C::.r-l I" California State Contractor's License Number and Class: A. 'I C-Z '1 ' Original Date Issued: -, /a '5' [ z.o l .3 Expiration Date: ""1 J 3l I Z l> L e (8) DIR Contractor Registration Number: {lW ~Le. -/ c;z:;1 i!/0!3 (9) (10) (11) (12) List the name and title of the person(s) who inspected the Projec site for your firm: I-':£> - List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit (if any): /lL#tllr W&.t'AIV ~ Number of years' experience the company has as a contractor in construction work: ~f'") t '/"fi ~&.f'~ A~ Pc,'\! 1&--lep~ t List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this Bid: rz. ~.':)~ oa · Oflf"~~l l:LO .i CA °J:!lO l 0 (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: 14 105 (14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: (15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years: a. List the names, addresses and telephone numbers of contact persons for the parties: b. Briefly summarize the parties' claims and defenses: c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: (16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. 15 106 (17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain. (18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, explain. (19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions: a. By you against the owner? Circle one: Yes b. By the owner against you? Circle one: Yes c. By any outside agenc~ndividual for labor compliance? Circle one: Yes ~ d. By Subcontractors? Circle one: Yes~ e. Are any of these clai~ actions unresolved or outstanding? Circle one: Yes \t!g} If your answer is "yes" to any part or parts of this question, explain. (20) List the last three (3) projects you have worked on or are currently working on for the City of Moorpark: /ft;N~ 16 107 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive. The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Notary Public ~ h ~ Subscribed and s~~ 7a !. ac_-_~ __ _ Signature: ____________ _ This __ day of ______ , 20 __ _ Title: -------------- Signature: ------------- (SEAL) 17 Company Signature: ----------- Title: ------------- Date: ------------------------~ 108 CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Cmmty of~rk ~ ;~ss. \ '{\\ \°'~"'° On~~~--before 1~~ ~)\\Aki_ Notmy Public, personally appeared ----~-l--4·6ho~ -++-\J---,------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal ~··•DUIBDl918ftl1PSUIUBDDI ~···••auuuL S TJ'Ci~~l:m~Nzlv1LLASENOR S ~ COMM. #2123498 o ...., NOTARY PUBLIC· CALIFORNIA ~ :: VENTURA COUNTY -: Si ature ' / di~i; k,_ Y ~\~v Print Name :: My Commission Expires 8/14/2019 : "llllDBllBllBBllllDUBlllRllDIDllBlllBUlr My commission expires:/)~ j~- HEL6850C A ( 1/15) 109 REFERENCES FORM For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information: Project 1 Name/Number l}.,lcZ.."::li-T \'\\:,e ~c § r .frR.. f(. ~AJ< F.e.~c.. t#J ft, Contr~\e' 'te);.;,.):tla h pt;.J ~D~~P oJ b Project Description ' ~ ' -« -f ~ 1 ,fh,;J"°1.f.1 E'Ucmtc:ifK-1 s~e./ wct,tcr iVv~~7" Jf4 jt4):, ApP'roximate Construction Dates 'From: a:~ 17' To: G. $ / :rt • i!!.D'f' 11' AgencyName: t:?riy ()P-We~tlOL.& ~ZPCO t:>/f"(c~::.T,> \JJe~-\1.A.\Le. Contact Person: f/4tltt bvJlz; } Telephone: 'j)OS-Z7i -fo'$7o Address: 3.z,.eoo o A .> t \ C\ '\<e, C ~ Original Contract Amount: $ WJ;. IJO() Did you or any S~ractor, file any claims against the Agency? Circle one: Yes ~ Did the Agency file any claims against you? Circle one: Yes Q) If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Project Description 6/&/; ,q&, ,J7rltJc '[l,/ftl /JvJ/cf 4 b 0;?(ft: f~. r ' Approximate Construction Date From: (e /I 3 /w tfl To: 1'f ( ZP / / lf Agency Name: (,bu ft/ WA ft! ?t1 }I; en hw Oo 1-r', cl Contact Person: tf)r ( V, r;.u (/U I C 0 2-.. Telephone: (ft?£""" -5 JS -S7'/ 1:, Address: fl! I' 7 -5[· .5ce11 /;_ f~J/ct {'A- Original Contract Amount: $ :ll S OU-/ I Final Contract Amount: $ zc,:) 0 OC) 18 110 If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Sub~tor, file any claims against the Agency? Circle one: Yes ~- Did the Agency file any claims against you? Circle one: Yes @ If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number f#u G 13/crc b /)·712/)?f} ;11p~wr 5f'7 N Proje9t Description £xc 1Pvrr77tv./. F/;-hA/~ 5. /..~t>SCCt../!Alb If/ I? Ci-fie;,../ %'lie Tllt£e;,,/ :51 '1 /J) ' J' ;' . Approximate Consfruction Dates From: 3T/ / To: 7 r/ Z Agency Name: L,,'}!1 Uq c 12 61 I; f.r/1>t/ffrl/'1l PF 19 / tl,'20 If _s Contact Person: &otzK Cow 'l-1 Telephone: 9tJ1 ~ S-ll 3 -/I -S--/ Address: 'f/tJtJ ff!Jlh(v/ kPv#J leis L-'tV/J /31"7ct c '7 , I Original Contract Amount: $ !t/lf; !ltlt2 Final Contract Amount: $ 'tS?J t7c:J d If final amount is different from original amount, please explain (change orders, extra work, etc.). 1Yi~i2'je fWo £6trcph21 h Did you or any Su~r, file any claims against the Agency? Circle one: Yes ~ Did the Agency file any claims against you? Circle one: Yes 8 If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 19 111 Project 4 Name/Number 0fr R.C_ J}JWrFI ~ 6cu "'<-/ Projec_u;>escription ff J.l tU/11( Lt 4QI) Gw 1 "9:¥~ f'_I "1'1 r o,_,,LJ --141/l /vi/? F? ) J Approximate Construction Dates From:~ ··Ze>I ~ To . ; ZOI /?' Agency Name: f,t (1; pr £ 6 - Contact Person: /(el!t J Telephone: J"tJ~-r(;.J":. zgc:rc/ Address: 7 lb /}NetV/?'l 11-- Original Contract Amount: $ .2/'J_ ()PO I Final Contract Amount: $ :;;2 /~ CJt7 d If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subco~ile any claims against the Agency? Circle one: Yes ~ /\, Did the Agency file any claims against you? Circle one: Yes ~ If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Projects Name/Number .... U_.._,../; .......... c_e. __ @t __ lf //J._l?'_l._I a_t_/ __ .5~r_/J~~r_v_r~·z.._ ____ _ Project Description ..... A""v ......... tc-..P.f'--+. __ /'_,...,.....· '"""1 ... ,,r ..... ,,,_,r t .......... f_e_1,___......l_,.t__.J.._../;"'""----------'/ b£. Approximate Construction Dates From: Q· '201.0 To: Y.~/ 9 > Agency Name: S · .(!., .&.lrce 5T?r7)c-~ Contact Person: drev/' '{/115 J~'1 Telephone: ?05 -Chl/ -s:tS:b Address: _z._0i_o __ ~_v_1c_·..;_fc_· 1_r_r..._'C_. __ ..J_l ____ ::>_._O......:;... __ c_ .. ·_4 ___ _ Original Contract Amount: $ __ g_'1f_tf_c,, ____ v __ Final Contract Amount: $ f?8: -..LJ If final amount is different from original amount, please explain (change orders, extra.yvork, etc.). 20 112 Did you or any Subc~, file any claims against the Agency? Circle one: Yes ~ Did the Agency file any claims against you? Circle one: Yes ~ If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project Description 2.-d / <Pt:?d • 5E Approximate Construction Dates From: I :Z // 8' • To: _:z...,._ft ..... /_...._/ __ 7 Agency Name: ? V. Lec/t',,, he-q,/ 'ii" &et< Contact Person: _ _,_µ_t:/...._r>'l--_______ Telephone: f?'/ r-3~ -3 )J---:b Address t<?flZ fr I ILJldt /Alo/ (~r1£!/fa Original Contract Amount: $ <3} v, r..:; Final Contract Amount: $ "]>t1 oc o If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subco~or, file any claims against the Agency? Circle one: Yes ~ Did the Agency file any claims against you? Circle one: Yes e If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 21 113 RESUME Attach to this Bid the experience resume of th . Construction Superintendent or on-site Const fe pMerson who will be designated as General rue ion anager for the Project. ///f1111f"d ;91, #t/t It' i:: ~ 'ff/ 'fC:tVJ, & ,,,,,,, fc /;o J /_,,,;c ho,J :::C/Vt!t:;/.Jt/ /# ~/l~Z: {:/1.f j-rvcf:cCJA.J I f 1t4' ;r11d11 f PL-/¢// tf'o£tJ 5 I 6MFt"di r /14/J h 22 114 DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which CSLB License DIR Contractor Address and Phone Type of Work Subcontractor is Licensed Number(s) and Registration Number (e.g., and Registered Class( es) Number Electrical) /VtJtl~ 1 The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). 23 Percenta ge of Total Bid (e.g., 10%)1 115 INDUSTRIAL SAFETY RECORD FORM Bidder's Name /kr1 C {;11 r/rPclo:>J () 5Jocrct +e 1 Current Year of 2018 2017 2016 2015 2014 Total Record Number of 'f I tJ '7 ( <J/ contracts 7 2- Total dollar amount of I { t/OP; OCI[} /1St>C11 contracts (in [, ~ z_.'S 1. 3 thousands of dollars) Number of 0 fatalities O' {./ v 0 0 0 Number of lost 0 workday cases 0 CJ d 0 0 C7 Number of lost workday cases involving () 0 permanent () 0 t!" {/ er transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. Signatur · Title: /~cw Date: <? /zo/Zo/1 ' I 24 116 Bond No. CMGB0005619 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("Public Agency"), has issued an invitation for Bids for the Work described as follows: Country Trail Park and Miscellaneous Park Improvements WHEREAS Civic Construction Associates, 79 Daily Drive #171, Camarillo, CA 93010 (Name and address of Bidder) ("Principal"), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and Argonaut Insurance Company, c/o CMGIA • 20335 Ventura Blvd, Strite 426, Woodland Hills, CA 91364 (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 Ten Percent of Their Greatest Amount Bid Dollars ($10% ofG.A.B. ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845. 25 117 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: August 19, 2019 "Principal" "Surety" Civic Construction Associates Argonaut Insurance Company Stephanie Hope Shear, Attorney-in-Fact By: Its: Note: Tl1is Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 26 118 Bond No.: CMGB0005619 Premium: $0.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady. Shilo Lee Losino. Stephanie Hope Shear. Elizabeth Santos. Latanya Tayl01<Stacey GarCia Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resoluticm'adopted by the Board of Directors of Argonaut Insurance Company: "'' "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use offacsjmile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the giv~n power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts ofsuretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. STA TE OF TEXAS COUNTY OF HARRIS SS: "'""'"••• Argonaut Insurance Company ,,'"'-\sURAN: 1 '1, .. ~ ...... ~ ':.·· .. o···.7'~·, .... ~ v .•• i:,OW' l!.f¥•. co";_ { l(sEAL.l ~ i -(!). • >. \ t2:"·. 1948 / <: i by: ~ ··.ftLJNof-1 •• •• '\~ .. .. ,, ········· .... '••.,,,,.,:,,. ... .-·" Joshua C. Betz , Senior Vice President On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the-12tl!_ day of ___ A_u~g~u_s_t ___ , 2019 . James Bluzard , Vice President-Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HA VE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 -8400. 119 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On AUG 1 9 2019 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared _______ S_T_E_P_H_A_N_IE_H_O_P_E_S_H_E_A_R ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur Place Notary Seal Above ~~~~~~~~~~~~~~-oPTIONAL----~--~~--~-----~~----- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: -------------- Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 120 CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: State of California A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) SS. ) County of~ ~-n_D_8_\?_h_~--b~ m .. ;,~-~~~~W4-1.~l>-.L.--Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •MllDBllllUUBIB9DIDDIHBB IBllBlllDU8L .. ... :: Rljlm_,~Mf,:f'Z VILLASENOR = ·'.l.. COMM. #2123498 ~ '.(3 NOTARY PUBLIC -CALIFORNIA -o ti VENTURA COUNTY ~ --,: My Commission Expims 8/14/2019 : •DBIDBIDBllSIDBllUllBllBllllDIBBIDIRBr My commission expires: !2'~~1\-'¢\-- HEL6850CA ( 1/15) 121 Addendum #1 -Country Trail Park Page 2 ········•··········································•···························•····························••·····················•······· PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JON TURNER AT jturner@phoenixclvil.com AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: __ d_1_t1,_;_c_. ---"~...:.4.-L-:::~::;;._,;"7'_· P-_~ ___ //-5;_;__.;.........T_c_._c_,,;-=_7 _/.e_· ...:::....-- Signature of Authorized Representative: __ t?,~/2_. _ _.._/ ..... r"--"~--....... /4_·_._(;-,...~----- Attachments: 122 CITY OF MOORPARK PARKS, RECREATION&: COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 J Fax (805) 532-2550 J moorpark@moorparkca.gov August 12, 2019 ADDENDUM NO. 1 for Country Trail Park and Miscellaneous Other Improvements Specification No. P&R 2019-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: --------------------------------------------------~--------------------------------------------------------------------------------------------------- • Clarifying that the bid date and time remain unchanged. • Clarifying that the Working Hours are flexible and may be modified at the City's discretion. However, no work shall occur before 7am. • The City will coordinate one central storage location for contractor equipment. Storage is at the risk of the Contractor. The City will allow for closure of Country Trail Park in its entirety during construction. The Contractor is still responsible for fencing and work area protective measures. • Replace the removed stamped concrete in kind at Country Trail Park. • Contractor required to coordinate work with City maintained playground equipment installer (except at Country Trail Park), including coordination to ensure location of concrete ramps does not conflict with fall zones, scheduling of equipment installation. and coordination of installation of engineered wood fiber and sand. At Peach Hill Park, the scope of work includes relocating the existing irrigation valve and box. At Glenwood Park once the concrete walk is removed no additional work is needed. 'END OF CHANGES' --------------------------------------------------------------------------------------------------------------------~--------------------------------- This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed thereforey-, I Jeremy Laure"ntowski, Parks and Recreatio I Questions regarding thl~addendum may be directed to the City's Project Representative Jon Turner, jturner@phoenixcivil.com {next page} JANICE S. PARVIN Mayor CHRIS ENEGREN Cnuncilmcmhcr ROSEANN MIKOS, Ph.D. Cnuncihnembcr DAVID POLLOCK Councilmcmbcr KEN SIMONS Cnuncilmcmber 123 NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106) In accordance with Public Contract Code Section 7106, the undersigned declares: I am the {?-,r 5 11~/,,,; f of, ri::..:., sJyu[ b o,J , the party making the foregoing Bid. C-Cit 5 5 tt C /Ct fC" J The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct cyid that this declaration is executed on tr/.ze?k.?7/,9[date], at C?t/JJ,..-i/'///<? [city], Cl,,¢..._ 1 [state]. Signature: ~ Printed~ &f/ Date: -r/Zvlz-er I I ; / Signature: Date: Printed Name: ~~~~~~~~~~- 27 124 CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: A notary public or other officer completing this ce11ificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Si .UH ~~~l~lbh ila~~I(~;.-.. ;~ ... -1: JUAN GONZALEZ VILLASENOR :: CJuc.n \;o~"\J.\ ~ i. '{;\ \~r" Print Name 1i: COMM. #2123498 fJ ~ NOTARY PUBLIC -CALIFORNIA '"O .. VENTURA COUNlY -;;;: --:: MyComm!sslonExpiresB/14/2019 :: "HBIDllUIUllUIBIBllRRUlllBIDllUIDll" My commission expires:~~ HEL6850CA (I ii 5) 125 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name: The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature I { .4 I 1 l ~/ Zd{f1 ~~ f I ~~~- If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. 28 ____--···· 126 COMPLIANCE WITH ENVIRONMENTAL, HEAL TH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City's option, elect any and all rights or remedies set forth in this agreement. 29 127 WORKERS' COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 30 128 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner ("Owner'') and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777 .5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, a ill comply with such provisions before commencing the performance of the work of this contr ~·:=:=---:::::::==---:::::::=::::=;;;::-------Date:_.-'L-Jyj'---'-1'-+-~-~--cY_.,,..7L"---- 31 129 CITY OF MOORPARK CONTRACT DOCUMENTS PLANS AND SPECIFICATIONS FOR COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS IDENTIFICATION NO. P&R–2019-1 EXHIBIT D 130 -i- TABLE OF CONTENTS PAGE NOTICE INVITING BIDS 1 INSTRUCTIONS TO BIDDERS 3 BID FORMS 8 SAMPLE CONTRACT 32 PAYMENT BOND (LABOR AND MATERIALS) 58 PERFORMANCE BOND 60 CHECKLIST FOR EXECUTION OF CONTRACT 63 GENERAL PROVISIONS 64 APPENDIX I - TECHNICAL SPECIFICATIONS 93 APPENDIX II - CONSTRUCTION DOCUMENTS 126 APPENDIX III - STORMWATER POLLUTION PREVENTION PLAN (SWPPP) 127 APPENDIX IV - CITY HOLIDAYS –2019 (REMAINING) 128 APPENDIX V – GENERAL RATES OF PREVAILING WAGES 129 131 1 NOTICE INVITING BIDS FOR Country Trail Park and Miscellaneous Park Improvements [the “Project”] Identification number: P&R – 2019-1 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 3:00 p.m. on the 20th day of August, 2019, 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 August 6, 2019 at 10 a.m. starting at Country Trail Park. 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 sites before submitting a Bid. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor, subcontractor or sub-sub- contractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. LICENSES. Each Bidder shall possess a valid Class A or C-8 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 A or C-8 Contractor’s license continuously for 132 2 the prior five (5) years. The successful Contractor must also possess a current City business license. RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City. TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than five (5) Days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $250 for each Day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents. BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. The Plans, Contract documents and Specifications will be available for public inspection as follows: City of Moorpark Ventura County Contractor’s Association www.moorparkca.gov www.vccamember.com Dodge www.construction.com www.ebidboard.com 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 COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS – 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. 133 3 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 official bid clock, which will establish the official bid time, will be determined by the City Clerk’s Division of the City of Moorpark. Bidders 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. 134 4 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. 135 5 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 136 6 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. 137 7 CHECKLIST FOR BIDDERS The following information is required of all Bidders at the time of Bid submission: ____ Completed and Signed Bid Cover Form ____ Completed and Signed Bid Sheets ____ Completed, Signed and Notarized Questionnaire ____ Completed References Form ____ Resume of General Construction Superintendent/On-Site Construction Manager ____ Completed Subcontractor Designation Form ____ Completed and Signed Industrial Safety Record Form ____ Completed, Signed and Notarized Bid Bond or Other Security Form ____ Signed and Notarized Noncollusion Declaration Form ____ Completed and Signed Addenda Acknowledgement Form ____ Signed Environmental, Health and Safety Standards Compliance Form ____ Signed Workers’ Compensation Insurance Certificate ____ Completed and Signed Agreement to Comply with California Labor Law Requirements Form ____ Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive. 138 8 BID FORMS CITY OF MOORPARK COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK: The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Moorpark to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein. The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached. Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License Number ____________, Class _____, which expires on _______________________. Bidder’s Name: ___________________________________________________ Signature: ________________________________________ Date: __________________ Signature: ________________________________________ Date: __________________ 139 9 CITY OF MOORPARK BID SHEETS FOR COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS Bidder’s Name: ____________________________________________________________ To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the following prices: BASE AMOUNT: NOTE**unit costs should be inclusive of all materials, labor, etc. noted in the referenced plan set and specifications for that item.** ITEM NO. REF NO. DESCRIPTION QTY UNIT COST EXT AMOUNT 1. 701-19 MOBILIZATION/SPECIAL CONSTRUCTION REQUIREMENTS 1 LS $ $ 2. PLANS A COUNTRY TRAIL PARK SCOPE 2.A PLANS A 704-6 DEMOLITION, CLEARING AND GRUBBING 1 LS $ $ 2.B.PLANS A 705-5 EXCAVATION AND SUBGRADE 1 LS $ $ 2.C.PLANS A 706-6 ASPHALT CONCRETE PAVEMENT REPLACEMENT 1,175 SF $ $ 2.D PLANS A 708-5 PAVEMENT DELINEATION, MARKERS AND SIGNS 1 LS $ $ 140 10 ITEM NO. REF NO. DESCRIPTION QTY UNIT COST EXT AMOUNT 2.E PLANS A 707-5 PORTLAND CEMENT CONCRETE IMPROVEMENTS 3,125 SF $ $ 2.F PLANS A 707-5 PORTLAND CEMENT CONCRETE WALKWAY 1,150 SF $ $ 3 PLANS B SHT 1 SHT 8 COUNTRY TRAIL PARK – 8 FT WIDE DECOMPOSED GRANITE TRAIL 14,000 SF $ $ COUNTRY TRAIL PARK SUB-TOTAL $_____________ 4 PLANS B MILLER PARK SCOPE 4.A PLANS B SHT2 PLAYGROUND DEMOLITION/SAND REMOVAL/ 1 LS $ $$ 4.B PLANS B SHT2 SHT 11 ADA ACCESSIBLE PLAYGROUND RAMPS 1 EA $ $ 4.C PLANS B SHT2 SHT 10 707-5 PLAYGROUND CURB 25 LF $ $ 4.D PLANS B SHT2 PLAYGROUND SAND INSTALLATION 20 CU YD $ $ 4.E PLANS B SHT2 SHT 9 705-5 PLAYGROUND SUMP INSTALLATION 1 EA $ $ 141 11 ITEM NO. REF NO. DESCRIPTION QTY UNIT COST EXT AMOUNT 4.E PLANS B SHT2 WOOD FIBER INSTALLATION 350 CU YD $ $ MILLER PARK SUB-TOTAL $_____________ 5 PLANS B GLENWOOD PARK SCOPE 5.A PLANS B SHT3 SHT4 PLAYGROUND DEMOLITION/POURED IN PLACE/CONCRETE WALKWAY DEMOLITION/SAND REMOVAL 1 LS $ $ 5.B PLANS B SHT4 SHT11 ADA ACCESSIBLE PLAYGROUND RAMPS 2 EA $ $ 5.C PLANS B SHT4 SHT 12 707-5 CONCRETE WALKWAY INSTALLATION 1,100 SF $ $ 5.D PLANS B SHT3 WOOD FIBER INSTALLATION 95 CU YD $ $ GLENWOOD PARK SUB-TOTAL $_____________ 6 PLANS B CAMPUS CANYON PARK SCOPE 6.A PLANS B SHT5 DEMOLITION OF PLAYGROUND/POURED-IN- PLACE/SAND REMOVAL 1 LS $ $ 142 12 ITEM NO. REF NO. DESCRIPTION QTY UNIT COST EXT AMOUNT 6.B PLANS B SHT 5 SHT11 INSTALL ADA ACCESSIBLE PLAYGROUND RAMPS 1 EA $ $ 6.C PLANS B SHT 5 WOOD FIBER INSTALLATION 193 CU YD $ $ CAMPUS CANYON PARK SUB-TOTAL $________________ 7 PLANS B CAMPUS PARK SCOPE 7.A PLANS B SHT 6 DEMOLITION OF SWING SET REMOVAL OF SAND 193 CU YD $ $ 7.B PLANS B SHT 6 SHT 11 INSTALL ADA ACCESIBLE PLAYGROUND RAMPS 1 EA $ $ 7.C.PLANS B SHT 6 WOOD FIBER INSTALLATION 43 CU YD $ $ CAMPUS PARK SUB-TOTAL $________________ 8 PLANS B PEACH HILL PARK SCOPE 8.A PLANS B SHT 7 DEMOLITION/IRRIGATION CHANGES 1 LS $ $ 143 13 ITEM NO. REF NO. DESCRIPTION QTY UNIT COST EXT AMOUNT 8.B PLANS B SHT 7 SHT 10 PLAYGROUND CURB 80 LF $ $ 8.C PLANS B SHT 7 SHT 9 PLAYGROUND SUMP INSTALLATION 2 EA $ $ 8.D PLANS B SHT 7 PLAYGROUND SAND INSTALLATION 30 CU YD $ $ PEACH HILL PARK SUB-TOTAL $_______________ TOTAL BASE BID AMOUNT $______________ Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. Project Completion Timeline: 60 Working Days from Notice to Proceed TOTAL BID PRICE IN DIGITS: $____________________ (do not include additive items) TOTAL BID PRICE IN WORDS: _________________________________________________ Signature: __________________________________ Title: ___________ Date: ______ Signature: __________________________________ Title: ___________ Date: ______ 144 14 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder’s Name: (2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) Business Address: (4) Telephone: Facsimile: (5) Type of Firm – Individual, Partnership, LLC or Corporation: (6) Corporation organized under the laws of the State of: (7) California State Contractor’s License Number and Class: Original Date Issued: Expiration Date: (8) DIR Contractor Registration Number: (9) List the name and title of the person(s) who inspected the Project site for your firm: (10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit (if any): (11) Number of years’ experience the company has as a contractor in construction work: (12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this Bid: (13) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid: 145 15 (14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: (15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years: a. List the names, addresses and telephone numbers of contact persons for the parties: b. Briefly summarize the parties’ claims and defenses: c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: (16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. 146 16 (17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain. (18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain. (19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions: a. By you against the owner? Circle one: Yes No b. By the owner against you? Circle one: Yes No c. By any outside agency or individual for labor compliance? Circle one: Yes No d. By Subcontractors? Circle one: Yes No e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No If your answer is “yes” to any part or parts of this question, explain. (20) List the last three (3) projects you have worked on or are currently working on for the City of Moorpark: 147 17 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive. The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Notary Public Subscribed and sworn to me: Signature: This ____ day of _____________, 20 Title: Signature: (SEAL) Company Signature: Title: Date: Signature: Title: Date: 148 18 REFERENCES FORM For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information: Project 1 Name/Number Project Description ___________________________________________________________ Approximate Construction Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Project Description ___________________________________________________________ Approximate Construction Date From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ 149 19 If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number Project Description ___________________________________________________________ Approximate Construction Dates From: _______________ To: _______________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 150 20 Project 4 Name/Number Project Description ___________________________________________________________ Approximate Construction Dates From: _______________ To Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 Name/Number Project Description ___________________________________________________________ Approximate Construction Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). 151 21 Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/Number Project Description ___________________________________________________________ Approximate Construction Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 152 22 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project. 153 23 DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which Subcontractor is Licensed and Registered CSLB License Number(s) and Class(es) DIR Contractor Registration Number Address and Phone Number Type of Work (e.g., Electrical) Percenta ge of Total Bid (e.g., 10%)1 1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b). 154 24 INDUSTRIAL SAFETY RECORD FORM Bidder’s Name _______________________________________ Current Year of Record 2018 2017 2016 2015 2014 Total Number of contracts Total dollar amount of contracts (in thousands of dollars) Number of fatalities Number of lost workday cases Number of lost workday cases involving permanent transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. Signature: Title: Date: Signature: Title: Date: 155 25 Bond No. _________ BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“Public Agency”), has issued an invitation for Bids for the Work described as follows: Country Trail Park and Miscellaneous Park Improvements WHEREAS (Name and address of Bidder) (“Principal”), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845. 156 26 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its: By: Its: “Surety” By: Its: By: Its: Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 157 27 NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] In accordance with Public Contract Code Section 7106, the undersigned declares: I am the ______________________ of ____________________, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________ [date], at ___________________________________________ [city], ______________________ [state]. Signature: Printed Name: Date: Signature: Printed Name: Date: This form must be notarized. 158 28 ADDENDA ACKNOWLEDGMENT FORM Bidder’s Name: ____________________________________ The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. 159 29 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor’s employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor’s employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City’s option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: Title: Date: 160 30 WORKERS’ COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: “I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” By: _________________________________________________________________ Title: ________________________________ Date: _____________________ 161 31 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner (“Owner”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Signature: Date: Printed Name: Company: Title: 162 32 SAMPLE CONTRACT AGREEMENT BETWEEN THE CITY OF MOORPARK AND _______________________, FOR COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS THIS AGREEMENT, executed as of this ____ day of _____________________, 2018, between the City of Moorpark, a municipal corporation (“City”) and________________, a________________ (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to improvements at Country Trail Park and several other parks as detailed in Contractor’s proposal; 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 __________________, ____, 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, 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 improvements at Country Trail Park and several other parks, as set forth in Exhibit C: Contractor’s Bid Proposal, dated ________, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the “Proposal” and as set forth in Exhibit D, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as “Project Specifications”. Where said Scope of Services as set forth in Exhibit C and 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. 163 33 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 D. 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 __________dollars ($______) as stated in Exhibit C, without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor’s compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor’s ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be ______________, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the 164 34 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 _________________ dollars ($____________) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any 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. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor’s fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make 165 35 progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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) 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, 166 36 reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have 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 167 37 others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 168 38 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the 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 169 39 any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: __________________ __________________ __________________ __________________ 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. 170 40 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 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. 171 41 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. 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. 172 42 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONTRACTOR _____________________________ _____________________________ Troy Brown, City Manager Attest: _____________________________ Ky Spangler, City Clerk 173 43 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. 174 44 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. 175 45 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days’ notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party 176 46 involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees 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. 177 47 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 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. 178 48 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. 179 49 (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. 180 50 (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (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 privaty 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. 181 51 (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.) 182 SAMPLE INSURANCE FORMS ACCIPRE, CERTIFICATE OF LIABILITY INSURANCE DATEIMNWDDmNYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX L51.No.ECU: E-MAIL ADDRESS: I INSURER(S)AFFORDING COVERAGE NAIC B INSURER A: INSURED INSURER B: INSURER C: INSURER D: I INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AWNS SVdVD POLICY NUMBER ;MM/DD/YVYYI IMM/DD(YYYPYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ GE RETE CLAIMS-MADE OCCUR PREM SESO(Ea occur ence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ POLICY 'CT I LOC PRODUCTS-COMP/OPAGG $ OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED I AUTOS AUTOS JJ BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accIdent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE J1I AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PEATUTE 0TH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER(EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED, N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS,VEHICLES IACORD 101,Addlponal Remarks Schedule.may be attached If more space is required} Add'"The City of Moorpark,its officers,officials,employees,agents are named as additional insured per forms CG 20 10 0413 and CG 20 37 04 13" Attachments: Additional Insured Endorsement(Ongoing Operations) Additional Insured Endorsement(Completed Operations) Primary,Non-contributory Endorsement Waiver of Subrogation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 52 183 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 0rganization(s) Location(s)Of Covered Operations I Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply, with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury"or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part; by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insureds) at the the additional insured(s) at the location(s) location of the covered operations has been designated above completed,or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured CG 2010 0413 ©Insurance Services Office, Inc,2012 Page 1 of 2 53 184 54 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever 1s less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 2010 0413 185 55 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orqanization(s) Location And Description Of Completed Operations Information required to complete this Schedule, 1f not shown above, will be shown in the Declarations A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such add1t1onal insured B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 186 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary. primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such ether insurance;and CG 20 01 0413 ©Insurance Services Office, Inc,2012 Page 1 of 1 56 187 57 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information reauired to comolete this Schedule 1f not shown above, will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above CG 24 04 0509 ©Insurance Services Office, Inc., 2008 Page 1 of 1 CJ 188 58 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: COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS (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; otherwise, it shall be and remain in full force and effect. 189 59 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. 190 60 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: COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS (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 191 61 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. 192 62 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 #:________________________________ 193 63 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 194 64 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. 195 65 Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract. 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 196 66 effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract. 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: 197 67 1. Permits issued by regulatory agencies with jurisdiction. 2. Change Orders and Supplemental Agreements, whichever occurs last. 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, 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 198 68 completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor. Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense. 2-10 INSPECTION The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. SECTION 3. CHANGES IN WORK The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications. 3-2 CHANGES INITIATED BY THE AGENCY The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the City, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 3-3 EXTRA WORK New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City. SECTION 4. CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP The provisions below shall supplement but not replace those provisions in Section 4-1 of the Standard Specifications. The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 199 69 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 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. 200 70 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. 201 71 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: 202 72 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. 203 73 One (1) week before the scheduled pre-construction meeting, the Contractor must submit a construction schedule to the City for review and approval. The Contractor shall make revisions as required by the City. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the City, or when: a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule. 6-1.1.1 Pre-Construction Meeting Approximately ten (10) Days before the commencement of Work at the site, a pre-construction meeting will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory. Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City for approval a minimum of two (2) Working Days before the pre-construction meeting. Unless previously submitted to the City, the Contractor shall bring to the pre-construction conference copies of each of the following: 1) Construction Schedule. 2) Procurement schedule of major equipment and materials and items requiring long lead time. 3) Shop drawing/sample submittal schedule. 4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes. 5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation. The purpose of the meeting is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule. 2) Notification of local residents before starting any Work and keeping them informed throughout the Project. 3)Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment. 5) Maintaining record documents. 6) Critical Work sequencing. 7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any. 9) Field decisions and Change Orders. 204 74 10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs. 11) Major equipment deliveries and priorities. 12) Traffic control. 13)Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings. 6-2 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. 6-5 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. 6-5.1 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 205 75 executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-5.2 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 206 76 conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures. The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the City in writing. 6-8.3 Warranty For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the City’s acceptance of the final item(s) on that punchlist. The Contractor shall repair or replace defective materials and workmanship as required in Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects. The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. 6-9 LIQUIDATED DAMAGES For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the City, and the City has certified such completion in accordance with Section 6-8.1 of the Standard Specifications. SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following: The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-10. The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced with the following: 207 77 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. 208 78 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 209 79 (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 210 80 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 211 81 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. 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 212 82 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. 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 213 83 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. 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 214 84 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. 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. 215 85 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 than 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 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 216 86 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 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. 217 87 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 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. 218 88 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. 219 89 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 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. 220 90 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. 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 221 91 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 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. 222 92 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. 223 93 APPENDIX I - TECHNICAL SPECIFICATIONS SECTION 701 SPECIAL CONSTRUCTION REQUIREMENTS (Bid Item No. 1) 701-1 PERMITS City Encroachment Permit: The Contractor is required to obtain a no-fee Encroachment Permit from the City and a City of Moorpark business license prior to commencing any construction. The Contractor shall be responsible for all fees and expenses for obtaining the permit. 701-2 MOBILIZATION Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, supplies, and incidentals to the project sites, and for all other work operations which must be performed, or costs incurred, prior to beginning work on the various contract items on the project sites. 701-3 CONSTRUCTION SCHEDULE AND TRAFFIC CONTROL PLAN One week prior to the Pre-Construction Conference, the Contractor shall submit to the Engineer for review all submittals required by SSPWC 2-5.3 as well as: 1) a project Construction Schedule in accordance with the SSPWC Subsection 6-1, "Construction Schedule and Commencement of Work," 2) a project contact sheet including the contact information (including email addresses) for the project representative, emergency contact, and any other relevant personnel, 3) a Schedule of Values showing a breakdown of the costs of lump sum items to a degree satisfactory to the Engineer, and Any revisions to the originally approved Construction Schedule must be approved by the Engineer, in writing, at least three (3) working days prior to any construction. 701-4 CONSTRUCTION SEQUENCE The Contractor will be coordinating play structure demolition work and installation of sand and wood fiber with City’s playground equipment vendor, who will be responsible for installation of the new play structure after demolition is completed. Once play structure is installed, Contractor must install wood fiber within two days of play structure completion. For all locations, the Contractor shall phase his construction operations such that the existing park amenities remain in operation and in a manner which minimizes disruption 224 94 to Park users. The City will allow intermittent closure of certain areas of the park when construction operations deem it necessary. Contractor must work with City on park closure requests and notification to park users. 701-5 NOTICE TO AREA PROPERTY OWNERS The Contractor shall give written notice at the Park at least four (4) work days prior to starting any work. The written Notice shall be approved by the Engineer. The Notice shall describe the impending work, and shall identify dates and the stages of work. The Notice shall include a contact number for the Contractor’s on-site job superintendent. 701-6 CONSTRUCTION SURVEYING The Contractor shall provide all necessary construction surveying to construct the improvements as shown on the plans and described in these specifications. Construction surveying shall only be provided by surveyors possessing current certification as a Professional Land Surveyor by the California Board for Professional Engineers, Land Surveyors, and Geologists. The locations and limits of removal and construction of miscellaneous concrete and asphalt concrete facilities will be staked or marked by the Contractor’s surveyor in the field and confirmed by the City. 701-7 COORDINATION OF WORK The Contractor shall coordinate the work with all respective utility companies for any related relocations and/or construction work. The contractor shall also coordinate the work with the Moorpark Unified School District at (805) 378-6300. Country Trail Park is located adjacent to Arroyo West Elementary School. The Contractor shall make every effort to eliminate or minimize any impacts on school traffic. The Contractor shall coordinate the work with the City’s Landscaping Inspector for temporarily shutting off the irrigation systems by notifying at least two (2) full working days prior to the work. 701-8 REMOVAL OF MATERIALS All materials which are to be disposed of, including but not limited to, saw-cut concrete and asphalt concrete pavement, asphalt grindings, pavement fabric, miscellaneous concrete, and excess excavated earth and base material and other extraneous materials and debris, shall be removed immediately from the construction site. No overnight storage of materials or debris will be allowed in the street or surrounding areas. All surplus and extraneous materials and debris shall be disposed of by the Contractor at an approved landfill or disposal site at the Contractor's expense in accordance with the City’s Construction and Demolition Ordinance (see Section 7-15.1, General Provisions). 225 95 701-9 EQUIPMENT AND MATERIALS STORAGE The Contractor shall arrange and maintain a secure storage site(s) for all equipment and materials. All equipment and unused materials shall be returned to this site(s) at the end of each work day. The Contractor shall submit a route plan for the delivery of materials to both the job and storage sites at least three (3) working days before commencing work. Construction equipment, vehicles and materials shall not be placed or parked in front of or within the park. 701-10 WORK BEYOND PUBLIC RIGHT-OF-WAY Subsection 2-8, "Right-of-Way", of the SSPWC is hereby deleted, and replaced as follows: Most of the improvements associated with this project are located outside of the public streets right of way. Should the Contractor require or desire temporary work areas and facilities beyond the boundaries of the project site, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, disposing, and restoring of temporary work areas and facilities. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. 701-11 PROTECTION OF EXISTING IMPROVEMENTS During construction of the proposed improvements, extreme care shall be exercised to protect existing public and private property improvements, such as hardscape, fences, walks, curbs, valves, asphalt, irrigation lines, landscaping, trees not marked for removal, utility meters, drainage structures, posts, signs, etc., unless otherwise identified in these Special Provisions, or shown on the Plans for relocation/removal/reconstruction by the Contractor. The protection of existing improvements in place may require shoring and/or bracing depending upon the condition of the facilities. Repair and/or replacement of any facilities damaged and/or removed by the Contractor, that are to remain, shall be at the expense of the Contractor. No markings will be allowed on existing cross-gutters, spandrels, curb/gutters, and sidewalks. All USA and other markings shall be removed by the Contractor. 701-12 DUST AND NOISE CONTROL The Contractor shall provide the means to prevent dust, grit, excessive noise and other waste products from becoming a nuisance in and around the working areas. The Contractor shall take such steps, with the approval of the Engineer, to reduce or eliminate such nuisance. The Contractor is required to control dust during the entire contract period, including holidays and weekends. If the Contractor fails to control dust in accordance with these contract specifications, the City reserves the right to hire another contractor or agency to perform such work on 226 96 a "force account" basis. The total cost for performing this work will be deducted from the total price of this Contract. 701-13 SURVEY MONUMENT TIES ADJUSTMENTS The Contractor shall locate, protect and save any and all survey monuments and ties that will be, or may be damaged or destroyed by the Contractor's operation. All existing nails and markers within the limits of sidewalks, curbs, curb/gutters, curb ramps and streets shall be tied down by the City's Contract Surveyor prior to such removals for subsequent adjustment and/or installation. Where a survey monument and/or property corner tie will be removed due to this construction, the Contractor shall save the monuments, markers, and appurtenances. The reinstallation of the actual monuments and/or property corners will be accomplished by the City's Contract Surveyor. A forty- eight (48) hour notification to the City is required before removal of a survey monument tie. 701-14 MAINTENANCE OF EXISTING DRAINAGE SYSTEM The Contractor shall maintain the existing drainage system within the streets during the entire duration of the construction. This item shall include erosion control as applicable. 701-15 SUBMITTALS SSPWC Subsection 2-5.3.3, "Submittals," is hereby supplemented as follows: Submittals (as applicable) shall consist of a contact sheet for the Contractor’s personnel associated with this project (including emergency contact information), mix design and pre-testing of asphalt concrete, aggregate base, Portland cement concrete, traffic striping and legends as well as landscaping,, and any additional items as described in these Specifications. Three (3) weeks prior to the use of any material, the Contractor shall provide written certifications, shop drawings, and mix designs of all materials to be incorporated in the work. The Contractor shall not deliver any or use such materials prior to the approval of the Engineer in writing. All submittals shall include a letter of transmittal listing the items submitted, including Contractor’s Certification Statement certifying that all field measurements, construction criteria, materials, dimensions, catalog numbers, and similar data has been checked and coordinated with other accepted shop drawings and Contract requirements. The Contractor shall utilize a submittal identification numbering system in the following manner: The first three (3) digits shall be the applicable Specification Section number. The next digit(s) shall be the numbers 1-99 to sequentially number each initial separate item or drawing submitted. The last character shall be a letter, A-Z, indicating the submission, or resubmission of the same drawing, i.e., A = 1st submission, B = 2nd submission, C = 3rd submission, etc. For example, the ninth initial submission under 227 97 Specification Section 704 would have a submittal identification number as follows: 704.9-A. The following list of submittals shall be provided for City review: 1. Project Schedule 2. List of Key Personnel and their Contact Information, including Emergency Contact Information 3. Schedule of Values (including a breakdown of lump sum items to a degree of detail satisfactory to the Engineer and to be used as a basis of determining the costs and credits associated with Change Orders or Extra Work) 4. Subgrade and Base Materials 5. Asphalt Concrete and Related Products 6. Concrete Materials and Mix Designs 7. Paints and Signage 8. Landscaping Materials and Equipment 701-16 PROGRESS PAYMENTS The Contractor or its designated representative shall sign a monthly quantity payment sheet of completed work in order to expeditiously process monthly progress payments. Progress payments shall not be processed until Certified Payroll accompanied by DIR submission confirmation for the period of work being billed for is received by the Engineer. 701-17 WATER FOR CONSTRUCTION Water for construction purposes as required by these specifications may be obtained from the Ventura County Water Works District No. 1, (805) 378-3000. The Contractor shall make all arrangements to obtain and transport the water, and shall, at his/her own expense, furnish and install all necessary metering, piping and fittings. All costs associated with water for construction shall be borne by the Contractor. 701-18 LANDSCAPE AND ELECTRICAL SPECIFICATIONS The landscape and electrical specifications for the project are listed on their respective plan sheets. 701-19 MEASUREMENT AND PAYMENT Measurement and payment for work included in this section will be made at the contract lump sum price bid as shown in the Bid Schedule. The above price and payment shall be considered as full compensation for furnishing all labor and materials for doing all the work involved and necessary for obtaining and following the requirements of the City encroachment permits as well as any other 228 98 permits that may be required as specified in the SSPWC and these Special Provisions, and as directed by the Engineer. No separate payment will be made for any other work or other features as required and outlined in this Section, "Special Construction Requirements". Full compensation for all other work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. 229 99 SECTION 702 CONSTRUCTION SIGNING AND TRAFFIC MAINTENANCE (Not a Bid Item) 702-1 GENERAL Construction signing and traffic maintenance shall consist of all safety and pedestrian traffic maintenance efforts involved in the Contractor's operations as required by these Specifications. Traffic maintenance shall be in accordance with the most recent revision of the SSS Subsections 7-1.03, "Public Convenience" and 7-1.04, "Public Safety." Nothing in these Specifications shall be construed as relieving the Contractor from his/her responsibility as provided in the SSS Subsection 7-1.04. All measurement and payment clauses of the SSS are hereby deleted and modified herein. 702-2 SPECIAL TRAFFIC ADVISORY SIGNS 702-2.1 Project Advisory Signs The Contractor shall furnish, install and maintain “Temporary Construction” signs on each side of the existing sidewalk adjacent to the work area. These signs shall be in place seven (7) working days prior to the start of construction. The signs shall be maintained for the duration of the project. 702-3 TRAFFIC MAINTENANCE The Contractor shall cooperate with the Engineer relative to handling traffic through all work areas, and shall make his/her own arrangements relative to keeping the working area clear of unnecessary obstructions, and in maintaining clear and continuous access to park facilities. The Contractor shall cooperate with the Engineer in locating all traffic control devices required. If the Contractor fails to promptly provide traffic control devices as required under this Section, the City may, at its option, so provide them at the Contractor's expense. The Contractor shall pay to the City, or the City may deduct, the cost of such work from any moneys due the Contractor from the City. 702-4 PUBLIC RELATIONS, CONSTRUCTION PHASING, AND ACCESS The Contractor shall conduct his/her operations so as to minimize inconvenience to the public vehicular traffic and the park users. The Contractor shall have under construction no greater amount of work than is demonstrated that the Contractor can handle properly with due regard for the rights of the public. Project construction shall be phased to maintain public relations and minimize the inconvenience to the public. 230 100 702-5 MEASUREMENT AND PAYMENT Measurement and payment for construction signing and traffic control maintenance, including special traffic advisory signs, complete in place, will be made as part of other bid items as shown in the Bid Schedule. The price and payment included in other bid items shall be considered as full compensation for furnishing all labor, materials, equipment, tools, transportation and incidentals, and for doing all the work involved and necessary for construction signing and traffic control maintenance, complete in place, including preparation of notices, signs, barricades, sign relocations and maintenance, as specified in the SSPWC and these Special Provisions, and as directed by the Engineer. 231 101 SECTION 703 STORMWATER POLLUTION CONTROL (Not a Bid Item) 703-1 DESCRIPTION The Contractor shall take all necessary steps during the project construction period to prevent or reduce discharge of pollutants from the work sites to the City storm drain system utilizing the following prevention measures:  Maintain clean work sites through good housekeeping measures and regular clean-up and disposal of all debris, storage materials, saw-cut slurry, waste, etc.  Eliminate discharge of sanitary water/septic waste to storm drain system by providing convenient and well maintained facilities, and regular service and disposal.  Manage and operate construction vehicles and equipment in a manner to prevent leaks, spills, and waste.  Prevent and control the discharge of: Soil Sediments Concrete and mortar waste Paints, solvents, adhesives, and cleaning solutions Soil, trimmings, and garden chemicals Construction water from collecting and transporting pollutants Saw-cut slurry materials  Prevent pollution of the storm drain system during import, export, stockpiling, and spreading or grading of earthwork materials. For more detailed information and specifications for stormwater pollution control at construction sites, refer to document entitled, "Stormwater Pollution Control Guidelines For Construction Sites," which by reference forms a part of these Special Provisions and is available at the Public Works counter. 703-2 MEASUREMENT AND PAYMENT The measurement and payment for Stormwater Pollution Control will be paid for as part of other bid items as shown in the Bid Schedule. The contract price and payment included in other bid items shall be considered as full compensation for furnishing all labor, materials, equipment, tools, transportation and incidentals, and for doing all the work involved and necessary to accomplish the 232 102 prevention and control of pollutant discharge to stormwater, including good housekeeping practices, containment of waste, control of construction site perimeter, vehicle and equipment management, management of concrete and mortar products, management of cementitious products, stockpiles, paint, solvents, solutions, dust control, and compliance with the prepared SWPPP, as specified in these Special Provisions, and as required by the federal NPDES for Stormwater Pollution Control Program, and as directed by the Engineer. 233 103 SECTION 704 DEMOLITION, CLEARING AND GRUBBING (Bid Item – See Bid Proposal) 704-1 GENERAL This section includes demolition and removal of playground structures (where noted), existing parking lot, hardscape and landscaped areas. 704-2 PROTECTION Perform all removal activities in such a manner as to minimize all hazards to personnel, property, and the public. Interference with traffic, surrounding properties, and utility service interruption shall be avoided. Prevent the spread of dust and particles by spraying water as needed. Do not use water if it causes a safety hazard such as slippery surfaces or spread of contaminants. Vacuum the work area daily. Contractor shall take precautions to avoid damage to existing items that shall remain in place, are to be reused, or shall be returned to the City. Any damaged items shall be repaired or replaced at no expense to the City. Pothole the existing irrigation piping network that is located in the common landscaped areas. Cap the ends of irrigation laterals and mains that are in conflict with the improvements. Stake the end of the cap so the City can locate the point of connection at a future date. Save and protect plant materials (trees, shrubbery, and plants) beyond the limits of clearing and grubbing from damage resulting from the work. No filling, excavating, trenching or stockpiling of materials will be permitted within the drip line of the protected plant materials. No equipment shall be operated within the drip line of the protected plant materials. Install high visibility orange snow fence around the area of landscaping that is to remain protected to prevent inadvertent damage during the work. 704-3 DEFINITIONS Clearing: Remove and dispose of trees, snags, stumps, shrubs, brush, limbs and other vegetative growth. Remove all evidence of the preexisting site condition from the surface including sticks and branches greater than 1 inch in diameter. Remove of trash piles and rubbish. Grubbing: After clearing, remove and dispose of wood or root matter, including root systems greater than 1 inch in diameter. Grubbing shall extend to a depth of 12 inches below the ground surface. 234 104 Stripping: Remove and dispose of all sod, grass and grass roots and other objectionable material remaining after clearing and grubbing activities. 704-4 SAWCUTTING EXISTING PAVEMENT/HARDSCAPE Saw-cut to a neat line and full depth, remove, and dispose of the existing concrete curb, gutter, and asphalt concrete pavement and aggregate base interfering with the construction of the project improvements, including but not limited to asphalt concrete pavement, concrete material, reinforcing steel, and other accessories. Removals shall be full panel to nearest joint or score line, or in the case of the asphalt concrete pavement the lines shall be straight unless otherwise shown on the Plans. 704-5 CLEARING AND GRUBBING LIMITS Clear and grub excavation and identified vegetated areas associated with the project improvement areas. Debris of all kinds shall become the property of the Contractor and shall be disposed of by the Contractor daily off the project area to avoid accumulation at the project site. Materials that are unable to be removed daily shall be stored in areas specified by the Engineer. Contractor shall dispose of debris in a manner that is compliant with applicable federal, state, and local regulations. Do not burn removed combustible material. When utilities are encountered in the project area that are not shown on the project drawings, the Contractor shall protect it in place and the Engineer shall be notified immediately. Upon completion of demolition work and removal of all debris, leave site in a condition satisfactory to the Engineer. 704-6 PLAY STRUCTURE DEMOLITION Remove and dispose of playground structures, amenities, associated surfacing, and footings, as noted on the plans. 704-7 MEASUREMENT AND PAYMENT Measurement and payment for demolition, clearing and grubbing, complete in place, will be made at the contract lump sum as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved and necessary for removal of trees, shrubbery, and miscellaneous vegetation, demolition and removal of play structures, existing hardscape including existing asphalt concrete pavement, curb, sidewalk, tire stops, and parking 235 105 signs, as well as clearing, grubbing and stripping of existing landscaped areas, and disposal of all extraneous materials and debris, as shown on the Plans, as specified in the SSPWC and these Special Provisions, and as directed by the Engineer. 236 106 SECTION 705 EXCAVATION AND SUBGRADE (Bid Item - see Bid Proposal Sheet) 705-1 SCOPE This section includes all excavation and subgrade required for construction of the Work. Trenching and backfill shall include, but not be limited to, the loosening, removing, loading, transporting, depositing, grading and compacting in its final location of all materials wet and dry, as required for the purposes of completing the Work specified in the Contract Documents, which shall include, but not be limited to, the removing of unsuitable soil, and all other incidental earthwork, all in accordance with the requirements of the Contract Documents. The elevations shown on the Plans of existing features are taken from the best available data and are intended to give reasonably accurate information. The Contractor is responsible for determining exact quantities of excavation and fill required. 705-2 SUBMITTALS Review by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the dewatering, excavation, abandonment of ground penetrations, or for furnishing all equipment, labor, and materials necessary for performing the various parts of that Work. 705-3 MATERIALS 705-3.1 Subgrade Preparation The finished subgrade surface exposed after overexcavation should be scarified to a depth of 12 inches, moisture-conditioned to within 0 to 2 percent of optimum moisture, and compacted to a relative compaction of at least 90 percent (i.e., 90 percent of the maximum dry density determined from ASTM D1557). 705-3.2 Subgrade Material (Imported or Onsite) Requirements General subgrade fill should be free of organics, oversize rock (greater than 3 inches in diameter), trash, debris, and other deleterious or unsuitable materials, and should have an expansion index less than twenty (20). Rock fragments or poorly weathered material meeting the above criteria may be utilized provided those materials are not in concentrated pockets. Imported backfill material shall have less than forty percent (40%) passing the number 200 sieve and have a sand equivalent of at least 25. Use of imported backfill material shall be subject to the Engineer’s acceptance. All necessary 237 107 testing and test reports by the Contractor to verify and demonstrate suitability of materials shall be at no additional expense to City. The maximum dry density at optimum moisture content will be determined in accordance with the latest version of ASTM D 1557. In-place field density tests will be performed in accordance with ASTM D 1556 (sand cone), and/or ASTM D 6938 (nuclear gauge). The type, number and location of field density tests will be determined by the Owner. One sand-cone test (ASTM D 1556) will be taken for every ten (10) nuclear tests (ASTM D 6938). If soil material is not within two (2) percentage points of optimal moisture content, the Contractor shall either add water or dry the soil material by moving the soil to aerate it sufficiently such that the optimum moisture content is achieved at no additional cost to the City. All imported subgrade material shall be sampled at the Contractor’s expense and shall be subject to acceptance by the Engineer. Where imported subgrade material is required to possess certain gradation, strength, and settlement properties, the grain size distribution of soils shall be determined using ASTM D 422, the gradation of concrete aggregate and base materials shall be determined using ASTM C 136, the sand equivalent of soils shall be determined using ASTM D 2419, the consolidation of soils shall be determined using ASTM D 2435, the unconfined compressive strength of soils shall be determined using ASTM D 2166, and the expansion index of soils shall be determined using ASTM D 4829 705-3.3 Filter Fabric Filter fabric shall be a non-woven polypropylene fiber geotextile filter fabric that conforms to SSPWC Section 213-2. 705-3.4 Sump Drain Rock Aggregate materials shall be No. 4 aggregates with gradation in accordance with ASTM D 448 (1-1/2 inch to 3/4 inch). The aggregates shall be durable, open-graded, crushed angular aggregates. Aggregate material shall be washed and graded to be free of all fines and organics. The gradation for the material shall be as follows: Sieve Size Percent Passing 2 inch (50 mm) 100 1.5 inch (37.5 mm) 90 to 100 1 inch (25 mm)20 to 55 3/4 inch (19 mm)0 to 15 3/8 inch (9.5 mm)0 to 5 Material shall not include sandstone, siltstone or mudstone products. 238 108 705-3.5 Playground Sand Playground sand shall be clean, washed, and shall be Gillbrand No. 20 silver sand or equal as approved by the City. If a substitute product is proposed, provide manufacturer’s catalog information and a sample of the material for review. 705-4 CONSTRUCTION 705-4.1 Excavation Except when specifically provided to the contrary, excavation shall include the removal of all materials of whatever nature encountered, including all obstructions of any nature that would interfere with the proper execution and completion of the Work. The removal of said materials shall conform to the lines, grades, and cross sections shown or ordered. Pothole the existing irrigation piping network that is located in the planted medians, parkways and common landscaped areas. Furnish, place, and maintain all supports and shoring that may be required for the sides of the excavations, and all pumping, ditching, or other measures for the removal or exclusion of water, including taking care of storm water, groundwater (dewatering if required), and surface water reaching the Site of the Work from any source so as to prevent damage to the Work or adjoining property. 705-4.2 Disposal of Excess And Unsuitable Excavated Material Remove and legally dispose of all grubbed and excavated material. The City reserves the right to take samples of unsuitable/excess material. Unsuitable material shall be defined as material containing excessive amounts of organic matter, peat, blue clay, trash or debris; or as designated by the City’s Representative; or debris produced by clearing, grubbing, and demolition of existing structures, pavement, or pipe; or soil classified by test method ASTM D2487 as groups OL, CH, MH, OH or PT; or not meeting the grading or classification specified for the Work. 705-4.3 Subgrade Placement Onsite subgrade materials and imported subgrade materials shall be evenly placed in uniform horizontal loose lifts not exceeding eight (8) inches in thickness, and compacted by mechanical means to a relative compaction value as required in these specifications and determined by ASTM Test Method D1557. Each layer of fill material shall cover the length and width of the area to be filled before the next layer of material is placed. The moisture content of the material shall be controlled and water shall be applied as necessary to achieve the specified compaction at optimum moisture content and for the prevention of dust nuisance. No fill material shall be placed on standing water in any excavation. Subgrade shall not be dropped directly upon any structure. 239 109 705-4.4 Sump Drains Sump drains shall be constructed in the manner described on the plans. Filter fabric shall be placed such that there are no gaps or openings. Rock shall be placed such that gradation is uniform and compacted to the extent such that the drain shall not subside. The rock shall be placed such that it is reasonably homogenous and firmly in contact with one another. 705-5 MEASUREMENT AND PAYMENT Excavation and subgrade shall be measured and paid for on a lump sum basis as shown in the Bid Schedule. Payment will be made at the lump sum price bid on the basis of a percentage completed in accordance with the Plans and these Special Provisions. Such payment shall be considered full compensation for providing all labor and equipment and performing all work related to excavation, including dust control and disposal of the material removed, subgrade preparation, testing, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. 240 110 SECTION 706 ASPHALT CONCRETE PAVEMENT REPLACEMENT (Bid Item - See Bid Proposal Sheets) 706-1 GENERAL Work to be performed under this Section covers all labor, materials, tools, equipment and incidentals necessary to furnish and apply, complete in place Asphalt Concrete consisting of placing asphalt concrete and base to the specified depth, as well as advanced speed humps. 706-2 MATERIALS Materials used shall be Asphalt Concrete as specified in Subsection 203-6 of the Standard Specifications. The class of combined aggregate grading and grade of asphalt shall be Type III Class D2 PG 64-10. 706-2.1 Processed Miscellaneous Base Processed Miscellaneous base (SSPWC Section 200-2.5) shall be crushed rock or gravel, durable and free from slaking or decomposition under the action of alternate wetting or drying. The material shall be uniformly graded and shall meet the gradation requirements of SSPWC Table 200-2.4.2 Coarse grading. The rock shall have a sand equivalent value not less than 20. Submit two copies of a report from a testing laboratory verifying that the material specified in this section (processed miscellaneous base) contains less than one percent (1%) asbestos by weight or volume, and conforms to the specified gradations or characteristics for processed miscellaneous base. 706-2.2 Tack Coat The tack coat shall be asphalt grade PG 64-10. 706-2.3 Tack Coat Application The tack coat shall be applied as specified in Subsection 302-5.4 of the SSPWC and these Special Provisions. The City will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40° Fahrenheit in the shade. Contractor shall clean the surfaces so that they are free of dirt and debris prior to the application of the tack coat. City Inspector shall approve surface prior to application of tack coat. The tack coat shall be applied only so far in advance of paving as is 241 111 anticipated for that day's surfacing as permitted by the City Inspector. Any heated, scarified, or recompacted pavement that is not overlaid and which becomes contaminated with dirt, debris, dust, etc., or is left overnight shall have a tack coat applied prior to overlaying. Tack coat shall be applied to all vertical surfaces of existing pavements, curbs, gutters and construction joints in the surfacing against which additional material is to be placed, to a pavement to be surfaced and to other surfaces designated by the City Inspector. Any tack material deposited on concrete surfaces not to be overlaid with asphalt concrete will be removed within five (5) working days or the City will cause the work to be done and any cost incurred shall be deducted from contract retention monies due. Tack coat shall be applied in one application at a rate of between 0.05 and 0.10 gallon per square yard of surface covered. Tack coat material shall be applied at a minimum 350 degrees Fahrenheit (F) from a distributor truck with a heating element capable of raising the temperature at least 3 degrees F per hour. The tack coat shall be applied by distributor equipment at a uniform rate. In areas inaccessible to the spray bar on the applicator truck, SS-1h emulsion may be substituted and applied from a hand wand at a rate of 0.08 gallons per square yard. In any case where emulsified material is used, the tack coat shall be allowed to completely break, that is turn completely black (not dark brown), prior to paving. The area to which tack coat has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto adjacent surfaces. If the area is left unattended, then appropriate “fresh oil” signs must be posted. The Contractor shall be responsible for resolving all claims related to asphalt materials splashed/tracked on vehicles, concrete, and private property. The Contractor shall be responsible for protecting existing storm drain catch inlets and to ensure that no tack coat spoils are sprayed into storm drain inlets. No tack coat shall be left exposed overnight. Immediately in advance of placing the asphalt concrete overlay, additional tack coat shall be applied, as directed by the City, to areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work. Existing concrete curb faces, gutters and driveways shall be protected against disfigurement from the asphalt. Residue of the tack coat material shall be removed from curb faces, gutters and driveways by sandblasting to the extent required by the City. 706-3 CONSTRUCTION Sawcutting of existing pavement shall be per Section 704-4. 242 112 Asphalt concrete shall be constructed as specified in Section 302-5 of the Standard Specifications. 706-4 DISTRIBUTION AND SPREADING Placement of asphalt concrete shall be in conformance with Subsection 302-5.5 of the Standard Specifications and these Special Provisions. Asphalt concrete shall be placed in two (2) lifts. The top lift shall be 1-1/2 inches thick. No longitudinal joints will be allowed. The Contractor shall designate staging areas approved by the Engineer for trucks to transfer trailers and perform clean out, if necessary. Trucks shall only use the approved designated areas for these purposes. The provisions of Subsection 7-2.1 of the Standard Specifications are hereby incorporated into these Special Provisions, whereby incompetent operators shall be removed from the work. Indications of lack of experience, or unfamiliarity with the equipment or its operation will be considered incompetence. The Contractor shall be responsible for protecting existing storm drain inlets, swales, and culverts to ensure that no sand, gravel, rock dust, tack coat, asphalt, or spoils from paving operations enter into storm drain inlets. All Portland cement concrete, brick or other decorative surfaces within five hundred (500) feet of the work limits that are to be crossed by trucks used to haul pavement material shall be covered with sand or other durable covering prior to placement of asphalt concrete. The Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of pavement material spoils as directed by the City’s Project Representative. 706-5 ROLLING Rolling of asphalt concrete shall be in conformance with Subsection 302-5.6 of the Standard Specifications and these Special Provisions. An extra breakdown roller shall be on site at all times, free of defects. Breakdown rolling shall commence when the asphalt concrete is placed. Rolling shall be accomplished with the drive wheel forward and with the advance and return passes in the same line. 243 113 706-6 MEASUREMENT AND PAYMENT Measurement and payment for asphalt concrete pavement, complete in place, shall be made at the contract unit price per square foot as shown in the Bid Schedule. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved in removals, subgrade preparation, installation of advanced speed humps and constructing asphalt concrete pavement as specified in the approved plans, Standard Specifications, and these Special Provisions. 244 114 SECTION 707 PORTLAND CEMENT CONCRETE IMPROVEMENTS (Bid Item See Bid Proposal Sheet) 707-1 GENERAL Work to be performed under this Section covers all labor, materials, tools, equipment and incidentals necessary to furnish and apply, complete in place new concrete facilities, including the accessible trail, curb, curb and gutter, local depressions, curb cuts, reinforcing steel, parking sign posts, and other facilities shown on the Plans shall be constructed at the locations indicated on the Plans or as directed by the Engineer. 707-2 SUBMITTALS Submit concrete mix designs in accordance with ACI 318, Chapters 4 and 5, and SSPWC Section 201, except as modified herein. Submit reinforcing wire and steel. Show materials of construction by ASTM reference and grade. Submit mill tests for reinforcing steel. Submit a current report (within 6 months) from a testing laboratory verifying that aggregate material contains less than 1% asbestos by weight or volume and conforms to the specified gradations or characteristics. Aggregates shall be free from any substances that will react with the cement alkalies and be classified through current (within 6 months) laboratory testing as innocuous, as determined by Appendix X-1 of ASTM C33. Submit concrete tickets to the City at the time of delivery. 707-3 MATERIALS 707-3.1 Formwork Design forms according to ACI 347. Class II Forms: Use plywood in good condition, metal, or smooth-planed boards free from large or loose knots with tongue and groove or ship lap joints. Class II forms may be used for all concrete surfaces regardless of location. Coat forms with form release agent. 245 115 707-3.2 Form Release Agent Form release agent shall effectively prevent absorption of moisture and prevent bond with the concrete. Agent shall be nonstaining and nontoxic after 30 Calendar Days. For steel forms, release agent shall prevent discoloration of the concrete due to rust. 707-3.3 Aggregates Aggregates shall be natural rock, sand, or crushed natural rock and shall comply with ASTM C33, and shall contain less than 1% asbestos by weight or volume. Aggregates shall be free from any substances that will react with the cement alkalies and be demonstrated through current laboratory testing as innocuous, as determined by Appendix X-1 of ASTM C33. 707-3.4 Water and Ice Use water and ice that is clean and free from objectionable quantities of organic matter, alkali, salts, and other impurities that might reduce the strength, durability, or otherwise adversely affect the quality of the concrete. Water shall not contain more than 500 mg/L of chlorides or more than 500 mg/L of sulfate. 707-3.5 Reinforcing Steel Reinforcement shall conform to ASTM A615 or A706, Grade 60 deformed. Fabricate reinforcing in accordance with the current edition of the Manual of Standard Practice, published by the Concrete Reinforcing Steel Institute. Bend reinforcing steel cold. No field bending is permitted. Deliver reinforcing steel to the site bundled and with identifying tags. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded-wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice." 707-3.6 Welded Wire Reinforcement Plain-Steel Welded-Wire Reinforcement: ASTM A 1064, plain, fabricated from as-drawn steel wire into flat sheets. 707-3.7 Tie Wire Tie wire shall be 16 gauge minimum, black, soft annealed. 246 116 707-3.8 Concrete Admixtures Use of admixtures shall conform to SSPWC Section 201-1.2.4 and shall be approved by the City. Do not use any admixture that contains chlorides or other corrosive elements in any concrete. Admixtures shall be nontoxic after 30 Calendar Days. 707-3.9 Concrete Mix Design Conform to ASTM C94, except as modified by these specifications. Maximum water-cement ratio for concrete = 0.45 by weight. Use classes of concrete as follows: Non-structural concrete shall conform to Section 201 of the SSPWC and shall be Class 520-C-2500. Concrete pavement shall conform to Section 201 of the SSPWC and shall be Class 520-C-3000. Measure slump in accordance with ASTM C143. Slump shall be as follows: Non-structural Concrete 4-inches maximum Proportion and produce the concrete to have a maximum slump as shown. A tolerance of up to 1 inch above the indicated maximum shall be allowed for individual batches provided the average for all batches or the most recent 10 batches tested, whichever is fewer, does not exceed the maximum limit. Concrete of lower than usual slump may be used provided it is properly placed and consolidated. Mix design for pumped concrete shall produce a plastic and workable mix. The percentage of sand in the mix shall be based on the void content of the coarse aggregate. Where required, epoxy shall be Simpson Set-XP or approved equivalent. 707-3.10 Expansion Joint Filler Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber. 247 117 707-4 CONSTRUCTION Construction shall conform to Section 303 of the SSPWC and the following plans (see Appendix F). 707-4.1 Ready-Mixed Concrete Conform to ASTM C94. 707-4.2 Placing Concrete Conform to ACI 304. Concrete pavements which are not shown to have reinforcing bars (such as the accessible walkway) shall have reinforcing wire. 707-4.3 Placing Reinforcing Place reinforcing steel in accordance with the current edition of Recommended Practice for Placing Reinforcing Bars, published by the Concrete Reinforcing Steel Institute. Reinforcement indicated in the Drawings is continuous through the structure to the farthest extent possible. Terminate bars and hooks 2 inches clear from faces of concrete. Reinforcing steel, before being positioned and just prior to placing concrete, shall be free from loose mill and rust scale and from any coatings that may destroy or reduce the bond. Clean reinforcing steel by sandblasting or wire brushing and remove mortar, oil, or dirt to remove materials that may reduce the bond. 707-4.4 Concrete Tests At the City’s discretion, concrete quality testing will be performed on the concrete by City as follows: Frequency of Sampling: Cast four concrete test cylinders from each 50 cubic yards, or fraction thereof, of each class of concrete placed in any one day. Sampling and curing of cylinders shall conform to ASTM C31. Strength Testing: Test cylinders in accordance with ASTM C39. Test one cylinder at 7 Calendar Days for information; test two cylinders at 28 Calendar Days for acceptance; and hold one cylinder for verification. Strength acceptance will be based on the average of the strengths of the two cylinders tested at 28 Calendar Days. If one cylinder of a 28 Calendar Day test manifests evidence of improper sampling, molding, or testing, other than low strength, discard it and use the fourth cylinder for the test result. 248 118 Determine concrete slump by ASTM C143 with each strength test sampling and as required to establish consistency. Determine air content of the concrete using ASTM C231 to verify the percentage of air in the concrete immediately prior to depositing in forms. Concrete acceptance shall be based on the requirements of ACI 318. To facilitate concrete sampling and testing, the Contractor shall: Furnish labor to assist the City in obtaining and handling samples at the Site. Advise the City in advance of concrete placing operations to allow for scheduling and completion of quality testing. Provide and maintain facilities for safe storage and proper curing of concrete test specimens on the Site, as required by ASTM C31. New curb ramps shall include truncated domes (federal yellow) in conformance with current standards including CBC 11B-247.1.2, 11B-702.1.2.2, and CALDAG 2017 Section 32. The new concrete facilities shall be placed as marked by the Engineer. The line and grade of the replaced facilities shall conform to the existing facilities. In most instances, this will consist of a straight line between existing facilities. The Contractor shall water test all repaired curbs and gutters, cross gutters, and other repaired drainage facilities in the presence of the City's Inspector. Contractor shall protect work until the concrete has cured sufficiently to prevent vandalism (graffiti inscriptions) to the finished work. Vandalized concrete shall be removed and replaced at the Contractor's expense. Where curb or curb and gutter is to be removed and replace adjacent to pavement which is to remain in place, the asphalt concrete shall be removed at least 24 inches away from the concrete. After concrete is placed and cured, roadway subgrade shall be compacted to 95% relative compaction and the void filled with asphalt concrete in lifts not to exceed 3 inches. A minimum of two lifts shall be used and the top lift shall be 1- 1/2 inches thick. For concrete to be removed but not replaced, the void left shall be backfilled with clean native material. After curing has been completed and forms have been removed from the new curb and gutter or sidewalk, the void between the new concrete and the surrounding landscaped area shall be filled with clean native material and the entire area left in a clean and orderly condition. 707-4.5 Base Preparation 249 119 Existing subgrade shall be compacted to 95% relative compaction and trimmed to the dimensions shown on the plans. All work shall comply with Section 300 of the Standard Specifications. Soil sterilization shall be performed in accordance with Section 301-1.2 of the Standard Specifications. 707-4.6 Placement and Protection Construction shall conform to Section 303 of the Standard Specifications and the following standard plans (see Appendix C). Along the walkway, control joints shall be placed at a minimum of every 10 feet. The joints abutting the existing trail to be removed and replaced shall be expansion joints that utilize asphaltic filler. Place expansion joints additionally every 100 feet of sidewalk. Contractor shall protect work until the concrete has cured sufficiently to prevent vandalism (graffiti inscriptions) to the finished work. Vandalized concrete shall be removed and replaced at the Contractor's expense. After curing has been completed and forms have been removed from the new curb and gutter or sidewalk, the void between the new concrete and the existing parkway shall be filled with clean native material and the entire parkway left in a clean and orderly condition and ready for landscape planting where applicable. Posts for parking signs shall be square posts with knockouts for the mounting bolts. The concrete post foundations shall be a minimum of 12 inches in diameter and 18 inches in depth. Install a unistrut sleeve in the concrete so if the post is damaged, the City can just replace the post and not the entire foundation. The curb ramp shall have a broom finish along with other horizontal path of travel surfaces. All exposed surfaces on concrete improvements shall be screeded. Surface imperfections shall be dry packed and finished smooth. Sawcutting of curb shall conform to Specification Section 704-4. 707-5 MEASUREMENT AND PAYMENT Payment for the various types of concrete improvements shall be paid for per square foot basis as shown in the Bid Schedule. The unit cost of each item bid shall include all costs associated with the work including, but not limited to, forming, placing and finishing concrete including the curbs, parking sign posts; accessible path, and cleanup. Such payment shall be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. 250 120 SECTION 708 PAVEMENT DELINEATION, MARKERS AND SIGNS (Bid Item – See Bid Proposal Sheet 708-1 GENERAL Pavement delineation, markers and signs shall consist of painted traffic striping, parking signs, and pavement symbols. The pavement shall be delineated as specified in these Special Provisions, and as directed by the Engineer. 708-2 SUBMITTALS Submit manufacturer’s cut sheets and Safety Data Sheets for paints. Show the percent solids by volume, application instructions, temperature, etc. Submit cut sheets and dimensional drawings for sign posts. Submit proofs of signs prior to manufacturing. Submit cut sheets and dimensional drawings of bollards. Submit dimensional drawings of wheel stops. 708-3 MATERIALS The parking signs, traffic paint, the application of new painted striping, and pavement markings shall conform to the provisions in the SSS Sections: 56, "Overhead Sign Structures, Standards, and Poles"; 82, “Signs and Markers”; 84, " Markings"; and 85, "Pavement Markers"; in addition to the Standard Plans, the Plans for this project, and these Special Provisions. The SSS Measurement and Payment clauses are hereby deleted. Striping, pavement legends and symbols shall be thermoplastic, painted and raised markers as shown on the plans. Striping, pavement legends and symbols shall not be placed until spotted and the spotting is approved by a City representative. All paint shall be approved for use in this area by the Air Pollution Control District. Paint shall be applied in three (3) coats with adequate drying time between applications. The first coat of paint shall be applied no sooner than seven (7) calendar days after final paving. The second and third coats shall be placed after the previous coat is dry, and both shall be reflectorized. All striping and markings shall be completed within fourteen (14) days of completing the paving. 251 121 Striping details, pavement legends and symbols shall conform to those in Caltrans Standard Plans, current edition. Pavement legends and symbols shall be white, unless noted otherwise. The temporary reflective pavement markers shall be, at the option of the Contractor, one of the following or equal: Temporary Overlay Marker (Types Y and W) manufactured by Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251-8140. Safe-Hit Temporary Pavement Marker, manufactured by Safe-Hit, Corporation, 930 West Hinton Avenue, Building #11, Hayward, CA 95545. Swareflex Pavement Marker (Models 3553, 3554, Cat Eyes Nos. 3002 and 3004), manufactured by Swarecon and distributed by Servtech Plastics Inc., 1714 South California Street, Monrovia, CA 91016, Telephone (818) 359-9248. Stimsonite Construction Zone Marker (Model 66), manufactured by Amerace Corporation, Signal Products Division, 7542 North Natchez Avenue, Niles, IL 60648, Telephone (312) 647-7717. Flex-O-Lite Raised Construction Marker (RCM), manufactured by Flex-P-Lite, Lukens Company, P.O. Box 4366, St. Louis, MO 63123-0166, Telephone (800) 325-9525. 3M Scotch-Lane A200 Pavement Marking System (reflective raised pavement marker on reflective traffic line tape), manufactured by 3M Company, Traffic Control Materials Division, 223-3N 3M Center, St. Paul, MN 55144. MV Plastic Chip Seal Marker (1280/1281 Series), manufactured by MV Plastics, Inc., 533 Collins Avenue, Orange, CA 92667, Telephone (713) 532-1522. Temporary reflective tape (intersection multiple left turns only). Bollards shall be Cal Pipe Schedule 40 Security Bollards with full-dome caps, yellow in color, model IBP04040 with ESR040P sleeve and cover or equal. 708-4 TRAFFIC SIGNS All details and dimensions for traffic signs shall conform to the Caltrans Sign Specifications, Traffic Manual, Maintenance Manual, and Standard Plans and Standard Specifications. Copies are available from the Caltrans Central Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815. All signs shall be reflectorized high intensity sheeting on 0.080 inch thick 5052H38 aluminum. Materials shall be certified by the manufacturer as meeting all applicable specifications. 252 122 Sign posts shall conform to Section 707-4.5. Sign installation hardware shall be vandal resistant. Wood posts and wide flange metal posts are not acceptable. In dirt areas, sign posts shall be embedded 24-inches into an 8-inch diameter by 24- inch deep PCC foundation. In existing pavement areas, sign posts shall be driven 24- inches through a core-drilled hole and then grouted in place. In new pavement areas (paved medians and sidewalks), sign posts shall be driven 24-inches through a 6-inch diameter pavement sleeve and then grouted in place. Prior to installation, the Contractor shall verify with the City the precise locations of all traffic signs. Traffic signs to be relocated shall be removed and re-set on the existing posts/sleeves or better. It shall be the Contractor’s responsibility to protect the signs and posts/sleeves during relocation for their re-use. Signs and posts/sleeves damaged during relocation shall be replaced at the Contractor’s expense, in accordance with these Special Provisions. 708-5 CONSTRUCTION Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in the SSS Section 12-3.01, "General," and these Special Provisions. Nothing herein shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls, or as relieving the Contractor from his/her responsibility as provided in the SSS Section 7-1.04, "Public Safety." Lane line and/or centerline pavement delineation where pre-existing or shown to be installed in like kind shall be provided at all times for traveled ways open to public traffic. Whenever the work causes obliteration of any pavement delineation, temporary pavement delineation or permanent traffic stripes delineation of the appropriate color and detail shall be in place prior to opening the traveled way to public traffic. The delineation shall be placed in the location shown on the striping plans for permanent delineation (modified if necessary to provide a proper length transition to an adjacent Segment). Widths of the pavement striping shall be as follows: Item: Width (in): Parking stall striping 4 inch Handicap parking stall markers Per Plans Handicap parking stall hatching 6 inch Speed hump edge border Per Plans Existing pavement markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of. 253 123 Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. All work necessary to establish satisfactory lines for temporary pavement delineation shall be performed by the Contractor. Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at the Contractor's expense. Temporary pavement delineation for lane lines and centerlines shall consist of temporary reflective pavement markers placed and maintained at longitudinal intervals of not more than twenty-four (24) feet apart. The interval for multiple left turns through intersections shall be not more than ten (10) feet apart. Temporary reflective pavement markers shall be the same color (yellow to separate opposing traffic or white to separate adjacent lanes in the same direction) as the lane line or centerline the temporary pavement markers replace. Temporary reflective pavement markers shall be applied in accordance with the manufacturer's recommendations. Butyl adhesive pads shall be used to apply temporary reflective pavement markers to the top layer of permanent surfacing or existing surfacing. Temporary pavement delineation shall be maintained until replaced with the planned permanent pavement striping. When no longer required, temporary pavement delineation that conflicts with permanent pavement delineation, as determined by the Engineer, shall be removed and disposed of Thermoplastic pavement marking materials and installation shall conform to SSS Section 84-2. Materials shall consist of extruded alkyd binder thermoplastic in conformance with State Specification PTH-02ALKYD. Project signage shall conform to City Standards or Manual on Uniform Traffic Control Devices (MUTCD) current edition. Bollards shall be installed per manufacturer’s instructions and the Plans. 708-6 MEASUREMENT AND PAYMENT Full compensation for furnishing, placing, maintaining, and replacing (regardless of the number of times it is required) temporary pavement delineation, and for removal and disposal of the temporary reflective pavement markers shall be considered as included in the contract prices bid paid for the various items of work and no separate payment shall be made therefore. Full compensation for removing and disposing of existing or temporary pavement markers shall be considered as included in the contract unit price bid for asphalt concrete pavement and no separate payment shall be made therefore. 254 124 Measurement and payment for parking signing, striping, bollards, and pavement delineation, complete in place, will be made at the contract lump sum price bid as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, tools, equipment, materials, transportation and incidentals, and for doing all the work involved and necessary for construction of traffic signing and pavement delineation, complete in place, as specified in the SSS and these Special Provisions, and as directed by the Engineer. 255 125 SECTION 709 LANDSCAPING (Not a Bid Item) 709-1 GENERAL Landscaping work shall consist of restoration of landscaping surrounding the work areas, but not limited to, irrigation and planting. Materials shall be as selected by the City. 709-2 MEASUREMENT AND PAYMENT Payment for the landscaping improvements shall be paid as a part of other bid items as shown in the Bid Schedule. The price included in other bid items shall include all costs associated with the work including, but not limited to, installation of all irrigation items, and planting needed to restore the area surrounding construction to existing conditions. Such payment shall be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. 256 126 APPENDIX II - CONSTRUCTION DOCUMENTS COUNTRY TRAIL PARK AND MISCELLANEOUS PARK IMPROVEMENTS PLAN SET A – COUNTRY TRAIL PARK IMPROVEMENTS PLANSET B - MISCELLANEOUS PARK IMPROVEMENTS ACCESS PLANS HERE: http://www.moorparkca.gov/bids.aspx?bidID=64 257 127 APPENDIX III - STORMWATER POLLUTION PREVENTION PLAN (SWPPP) LESS THAN ONE ACRE 258 City of Moorpark Stormwater Pollution Control Plan Less Than 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 Construction Start Date: Construction Completion Date: SWPCP Prepared by: Name and Title: Company Name: Phone Number Date: *This SWPCP is required for all projects that disturb less than one acre of soil. If the project disturbs one or more acres of soil, it is subject to the State General Construction NPDES Permit and related SWPPP (see p. 68 of Ventura County Municipal Stormwater Permit, Order R4-2010-0108). 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. 259 Stormwater Pollution Control Plan for Projects Under One Acre Page 2 of 12 REQUIREMENTS FOR A STORMWATER POLLUTION CONTROL PLAN Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, contractors of projects with construction activities 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 construction site into the storm drain system during construction. Erosion and sediment source control BMPs should be considered for both active and inactive (previously disturbed) construction 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. Page 9 of the SWPCP template addresses requirements for BMPS/control measures to treat post-construction stormwater runoff under the Ventura County Stormwater Quality Urban Impact Mitigation Plan (SQUIMP). To see if this project qualifies for SQUIMP, please call the City of Moorpark City Engineer/Public Works Director at 805-517-6285 or scorrigan@moorparkca.gov. 260 Stormwater Pollution Control Plan for Projects Under One Acre Page 3 of 12 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 Construction Start Date: Estimated Construction Completion Date: 261 Stormwater Pollution Control Plan for Projects Under One Acre Page 4 of 12 Site Map Requirements In addition to proposed construction plans, provide the following information, if applicable.  Parcel Size = __________ square feet (one acre equals 43,560 square feet). Note: Before a grading permit is issued, the City of Moorpark will require proof of receipt of a Notice of Intent for the State National Pollutant Discharge Elimination System General Construction Permit for all construction projects that have a parcel size of one acre or more or that are less than one acre but the site is part of a larger common area of development or sale.  Boundary of construction site: construction 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 construction site.  Boundary of drainage area where stormwater leaves property.  Areas of soil disturbance and locations of potential soil erosion areas requiring BMPs during construction.  Areas of cut and fill.  Drainage patterns and slopes anticipated after major grading activities.  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 construction. Provide a brief description of BMPs selected and, if appropriate, attach modified fact sheets or additional information.  Construction and erosion control material storage areas.  Temporary stockpile and construction waste storage areas.  Construction vehicle storage and service areas. The above information should be updated as needed to meet evolving construction conditions. 262 Stormwater Pollution Control Plan for Projects Under One Acre Page 5 of 12 Inventory of Contractor’s Activities and Special Conditions 1. Describe construction 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 construction 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. 7. Hillside or Construction Discharging Directly to Sediment Impaired Waterbody – Contractor shall implement enhanced BMPs on sites located on a hillside (contains slopes that are 20% or greater) or that discharge directly to the Arroyo Simi. For a list of enhanced BMPs see Table 9 in Part 4.F.4 in the Ventura County Municipal Stormwater Permit (Order No. R4-2010-0057). The Permit may be obtained online or by request from the Public Works Senior Management Analyst (skroes@ci.moorpark.ca.us). In addition to enhanced BMPs, these types of sites must be inspected by a qualified SWPPP Developer at least weekly during the wet season and once each 24 hour period during a storm event that generates runoff from the site to identify BMPs that need maintenance to operate effectively, that have failed or could fail to operate as intended. Attach sheets if additional space is required. 263 Stormwater Pollution Control Plan for Projects Under One Acre Page 6 of 12 Monitoring, Inspection, and Maintenance Requirements 1. Implement maintenance/repair efforts to ensure that the required BMPs are in good and effective condition. (A maintenance/repair plan is attached? Yes No) 2. Before start of construction and during contract annually train all site personnel responsible for installing, inspecting, and maintaining BMPs: (Training program/material attached? Yes No) Document training on Attachment 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 264 Stormwater Pollution Control Plan for Projects Under One Acre Page 7 of 12 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 construction 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 Sediment Control BMPs SE-1 or SC-1 Silt Fence SE-8 or SC-8 Sandbag Barrier TC-1 Stabilized Construction Entrance/Exit Non-Stormwater Management NS-1 Water Conservation Practices NS-2 Dewatering Operations 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. Additional BMPs Selected Hillisde (20%> slope) or Direct Discharge to Arroyo Simi If applicable, apply Table 9 from Order No. R4-2010-0108 See Attachment 3 for BMPs required for roadbed or street paving, repaving, patching, digouts, or resurfacing roadbed surfaces. 265 Stormwater Pollution Control Plan for Projects Under One Acre Page 8 of 12 **POST CONSTRUCTION TREATMENT CONTROL BMPS – Land Based Treatment BMPs below are from VC Technical Guidance Manual for Stormwater Treatment Yes No Reason for Rejection Post Construction Treatment Control BMPs - Infiltration T-10* TC-10 Infiltration Trench T-9* TC-11 Infiltration Basin TC-12 Retention/Irrigation Post Construction Treatment Control BMPs – Detention & Settling T-4* TC-20 Wet Detention Basin T-5* TC-21 Constructed Wetland Basin T-3* TC-22 Extended Detention Basin Post Construction Treatment Control BMPs – Biofiltration T-2* TC-30 Grass Swale Filter Vegetated Swale T-1* TC-31 Grass Strip Filter Vegetated Buffer Strip T-7* & T-8* TC-32 Porous Landscape or Pavement Detention Bioretention Post Construction Treatment Control BMPs – Filtration T-11* MP-40 Media Filter Media Filter (Proprietary) T-6* TC-40 Sand Filter Media Filter Post Construction Treatment Control BMPs – Proprietary Devices Proprietary devices will only be considered after standard treatment control measures in the Tech. Manual (T-1 – T-11) have been rejected. The alternative measure must be suitable for the specific land use and pollutant to be removed. Please see p. 5-120 of the Technical Guidance Manual. TC-50 Water Quality Inlet MP-50 Wet Vault (Proprietary) MP-51 Vortex Separator (Proprietary) MP-52 Drain Inserts (Proprietary) Post Construction Treatment Control BMPs – Other TC-60 Multiple Systems * These are devices listed in the VC Tech Manual which the developer should consider first before considering the devices in CA BMP Handbook. Refer to SQUIMP requirements, available at www.vcstormwater.org for applicability of post-construction stormwater runoff treatment measures. This list will be updated upon adoption of the VC Municipal SW Permit Order 10-0108 Tech Manual. 266 Stormwater Pollution Control Plan for Projects Under One Acre Page 9 of 12 CERTIFICATION Contractor As the Contractor of record, I have selected appropriate BMPs to effectively minimize the negative impacts of this project’s construction 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 construction activity. Name: Title: Signature: Date: Owner/Developer: I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system or those persons directly responsible for gathering the information, the information submitted is true, accurate, and complete. I am aware that submitting false and/or inaccurate information, failing to update the SWPCP to reflect current conditions, or failing to properly and/or adequately implement the SWPCP may result in revocation of grading and/or other permits or other sanctions provided by law. 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. 267 Stormwater Pollution Control Plan for Projects Under One Acre Page 10 of 12 ATTACHMENT 1 TO SWPCP CONSTRUCTION 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)  All hillside sites or sites that directly discharge to Arroyo Simi must be inspected by a qualified SWPPP Developer at least weekly during the wet season and once each 24 hour period during a storm event that generates runoff from the site to identify BMPs that need maintenance to operate effectively, that have failed or could fail to operate as intended. 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? 11 If applicable, are enhanced BMPs identified in #7 on p. 5 of SWPCP being implemented as appropriate? 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 268 Stormwater Pollution Control Plan for Projects Under One Acre Page 11 of 12 ATTACHMENT 2 TO SWPCP TRAINED CONTRACTOR PERSONNEL LOG Employees and subcontractors must be trained on the SWPCP prior to start of construction 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: 269 Stormwater Pollution Control Plan for Projects Under One Acre Page 12 of 12 ATTACHMENT 3 TO SWPCP ROADWAY PAVING OR REPAVING OPERATIONS A project that includes roadbed or street paving, repaving, patching, digouts, or resurfacing roadbed surfaces shall include the following BMPs. 1. Restrict paving and repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions. 2. Install sand bags or gravel bags and filter fabric at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat. 3. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm water drainage system or receiving waters. 4. Minimize non storm water runoff from water use for the roller and for evaporative cooling of the asphalt. 5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly. 6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly. 7. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled or disposed of properly. 8. Cover the “cold-mix” asphalt (i.e. pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm. 9. Cover loads with tarp before haul-off to a storage site, and do not overload trucks. 10. Minimize airborne dust by using water spray during grinding. 11. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grinding materials or rubble in or near storm water drainage system or receiving waters. 12. Protect stockpiles with a cover or sediment barriers during a rain. 270 128 APPENDIX IV - CITY HOLIDAYS –2019 (remaining) Monday, September 2: Labor Day Monday, November 11: Veterans Day Observed Thursday, November 28: Thanksgiving Day Friday, November 29: Extended Thanksgiving Holiday Tuesday, December 24: Four Hour Christmas Eve Wednesday, December 25: Christmas Day 271 129 APPENDIX V – GENERAL RATES OF PREVAILING WAGES The prevailing rate of per diem wages for this project can be accessed here: Journeyman Prevailing Wages Rates – Index 2019-1: https://www.dir.ca.gov/OPRL/2019-1/PWD/index.htm Apprentice Prevailing Wage Rates: https://www.dir.ca.gov/DAS/PWAppWage/PWAppWageStart.asp 272 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES THIS AGREEMENT, made and effective as of this _______ day of _________, 2019, between the City of Moorpark, a municipal corporation (“City”) and Phoenix Civil Engineering, Inc., a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction management and engineering services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated August 7, 2019, which is attached hereto as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit C, unless this Agreement is terminated or suspended pursuant to this Agreement. 2.SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide construction management and value engineering services, as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value fifty-nine thousand seven hundred eighty dollars ($59,780) as stated in Exhibit C, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 273 3.PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Jon Turner, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5.PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W -9 form before payments may be made by City to Consultant. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed fifty-nine thousand seven hundred eighty dollars ($59,780) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 274 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 Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7.DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have seven (7) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8.LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of fifty dollars ($50) 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 Consultant under the terms 275 of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9.OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant 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. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, 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 without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10.INDEMNIFICATION AND HOLD HARMLESS Indemnification and Defense for Design Professional, as defined in California Civil Code Section 2782.8: To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. For all other liabilities: Notwithstanding the foregoing and without diminishing any rights of City in the preceding paragraph in Section 10, for any liability, claim, demand, 276 allegation against City arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless City, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the City, except for the sole or active negligence of, or willful misconduct of the City. Consultant 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 Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11.INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. 12.INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in 277 the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13.LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14.ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15.UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 278 17. CONFLICT OF INTEREST The Contractor covenants that if they or any officer or principal of their firm have any interests, or if they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder, Contractor shall immediately notify the City, in writing, informing the City of the nature of the contract, prior to commencing with any work or entering into such contract. If the City determines a potential conflict of interest, the City may assign any work related to the conflict of interest to an alternate contractor. 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: Principal Engineer Phoenix Civil Engineering, Inc. 535 East Main Street Santa Paula, CA 93060 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 Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 279 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in 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. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 280 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC. __________________________________ __________________________________ Troy Brown, City Manager Jon Turner, Principal Engineer Attest: __________________________________ Ky Spangler, City Clerk 281 Exhibit A INSURANCE REQUIREMENTS Without limiting Consultant’s indemnification of City, and prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. 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 282 payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 283 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 284 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this 285 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 286 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code §7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000? X Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ 59,780 2. Dollar amount of Subcontract: $ 0 3. Does the total contract amount represent compensation for multiple documents or written reports? X Yes  No I have read the foregoing Code section and will comply with Government Code §7550. Phoenix Civil Engineering, Inc. Jon Turner, Principal Engineer Date 287 Mr. Jeremy Laurentowski August 7, 2019 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 City of Moorpark – Country Trail Park and Miscellaneous Park Improvements– Proposal for Construction Phase Services Dear Jeremy- I am pleased to provide you with this proposal for engineering services associated with the Country Trail Park Accessible Pedestrian Walkway Design project. The park is located in a neighborhood and contains a path and parking stall that do not meet the current accessibility requirements. This project shall install a compliant parking space in the existing parking lot and an accessible path to the point within the park where the main activity area is located. Additional miscellaneous improvements are being installed at other parks (listed below) throughout the City of Moorpark. Based on our conversations and my review of the sites, I have prepared my proposal to include the following: SITE NAME Planset Country Trail Park Phoenix Civil Engineering, Inc. Plans Country Trail Park City of Moorpark Sheet 1 Miller Park City of Moorpark Sheet 2 Glenwood Park City of Moorpark Sheet 3 & 4 Campus Canyon Park City of Moorpark Sheet 5 Campus Park City of Moorpark Sheet 6 Peach Hill Park City of Moorpark Sheet 7 I appreciate the opportunity to submit this proposal to assist you with this project. I have attached a scope of work and our professional services rate sheet along with a fee schedule detailed by task. Our scope of work engineering assistance during construction. Please let me know if you have any questions or would like to discuss my proposal. Sincerely, ______________________________ Jon Turner, PE Principal Engineer EXHIBIT C 288 Scope of Services Background/Project Understanding The Country Trail Park is located in a neighborhood and contains a path and parking stall that do not meet the current accessibility requirements. This project shall install a compliant parking space in the existing parking lot and an accessible path to the point within the park where the main activity area is located. As part of this project, miscellaneous improvements will take place within six (6) additional parks within the City of Moorpark. The City has requested construction observation services relating to the public works aspect of the project construction (storm drainage systems, hardscape improvements, curb/gutter observation). Construction management and observation responsibilities relating to the project will be covered entirely by our team. This proposal covers construction management and value engineering services related to the design improvements by others. Based on my understanding, I have prepared my revised proposal to include the following: Construction Management Services The construction phase services include review of the project shop drawings. It is estimated that 20 project shop drawing submittals will be provided by the Contractor. For purposes of this proposal it is assumed that one initial review and one subsequent review will be conducted by our team for approval. Preparation for and attendance at all onsite meetings and preparation of Requests for Information is also included. The following efforts are included in this task: • Task 101 Attendance at the project construction kick off meeting with the contractor and City staff. The meeting will be held at the City offices and/or the proposed construction site. Meeting summary and meeting agenda will be by the Construction Manager. Up to 15 site visits will be performed. • Task 102 Review the project shop drawing submittals. It is anticipated that 20 submittals will be reviewed. In preparing this proposal, it was estimated that two reviews of the submittals will be conducted for approval. Respond to contractor’s requests for information (RFIs) as submitted by the Construction Manager. It is anticipated that up to 13 requests for information responses will be prepared during the construction phase. The responses will be prepared by Phoenix Civil Engineering and distributed to the Contractor. • Task 103 The design plans prepared by City staff have areas identified that may require modifications to further detail the work for the contractor. The need for further detail will depend on site conditions to provide a better result or to reduce costs to the City. Preparation of the plan revisions as well as development/assembly of an Issued for Construction plan set is part of this task. Modifications, including change orders, required during construction will be included in this task. • Task 104 Project management tasks include meeting preparation and meeting summary document generation, direct contractor interface, construction observation of all the improvements, preparation, review and execution of any project change orders, review of progress pay requests, coordination with outside utilities and City staff. Deliverable: One electronic copy of all preliminary and final shop drawings that have been reviewed for conformance will be provided to the contractor as well as formal RFI responses up to ten. 289 Fee Estimate Summary Work associated with Tasks 101 through 104 is estimated to cost $59,780. A breakdown of the level of effort is listed below: • Task 101: Preconstruction Meeting/Site Visits $10,400 • Task 102: Submittal Review/RFI $11,890 • Task 103: Value Engineering $23,150 • Task 104: Project Management $14,340 Assumptions In preparing the proposal, the following was assumed: • Up to 20 submittals will be reviewed for conformance with the design. • Up to 10 RFIs will be reviewed and executed. • Construction survey files from contractor will be shared if needed for value engineering. 290 RESOLUTION NO. 2019-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2019/20 BUDGET BY APPROPRIATING $137,500 FROM PARK IMPROVEMENT ZONE 2017-2 FUND (2013), FOR PARK IMPROVEMENTS AT COUNTRY TRAIL PARK, PEACH HILL PARK, MILLER PARK AND GLENWOOD PARK WHEREAS, on April 18, 2018 the City Council adopted Resolution No. 2018- 3695 which approved a budget amendment in the amount of $21,508 for design of an Americans with Disabilities Act (ADA) compliant walkway at Country Trail Park (Project No. C0054), and as of June 30, 2019 the remaining appropriation was $2,814; and WHEREAS, on February 6, 2019 the City Council Resolution No. 2019-3791 which appropriated $312,290 from the Park Improvement Zone 2017-2 Fund (2013) for park improvements at Country Trail Park, Peach Hill Park, and Miller Park; and WHEREAS, on June 19, 2019 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2019/20 which includes continuing appropriations for capital improvement projects Country Trail Park ADA Walkway (C0054), Sand Play Area Install at Peach Hill Park (C0057), and Miller Park Playground Improvement (C0058); and WHEREAS, a staff report has been presented to the City Council to award contracts for construction and engineering services for various improvements at Country Trail Park, Miller Park, Peach Hill Park, Glenwood Park, Campus Canyon Park and Campus Park, totaling $476,536 in value; and WHEREAS, an additional $137,500 is required to finance the park improvement construction and engineering costs at Country Trail Park, Peach Hill Park, Miller Park, and Glenwood Park, and a budget amendment of $137,500 from the Park Improvement Zone 2017-2 Fund (2013) 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 $137,500 from the Park Improvement Zone 2017-2 Fund (2013), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. 291 SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 18th day of September, 2019. _____________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Budget Amendment 292 FUND BALANCE ALLOCATION: Fund-Account Number Amount Park Improvement Zone 2017-2 2013-000-00000-33990 137,500.00$ Total 137,500.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2011-541-C0059-55300 -$ 3,610.00$ 3,610.00$ 2011-541-C0059-55500 45,000.00$ (19,620.00)$ 25,380.00$ 2011-541-R0050-55300 -$ 14,000.00$ 14,000.00$ 2011-541-R0050-55500 -$ 2,010.00$ 2,010.00$ 2013-541-C0054-55300 2,814.00$ 41,838.00$ 44,652.00$ 2013-541-C0054-55500 186,990.00$ 122,634.00$ 309,624.00$ 2013-541-C0057-55300 -$ 2,970.00$ 2,970.00$ 2013-541-C0057-55500 25,300.00$ (4,600.00)$ 20,700.00$ 2013-541-C0058-55300 -$ 5,362.00$ 5,362.00$ 2013-541-C0058-55500 100,000.00$ (62,625.00)$ 37,375.00$ 2013-541-R0130-55300 -$ 4,005.00$ 4,005.00$ 2013-541-R0130-55500 -$ 27,916.00$ 27,916.00$ Total 360,104.00$ 137,500.00$ 497,604.00$ EXHIBIT A BUDGET AMENDMENT FOR PARK IMPROVEMENT ZONE 2017-2 FUND (2013) FOR MILLER, PEACH HILL, AND GLENWOOD PARKS FY 2019/20 Fund Title PARK IMPROVEMENTS AT COUNTRY TRAIL, 293