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HomeMy WebLinkAboutAGENDA REPORT 2019 1218 REG CCSA ITEM 10LCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of December 18, 2019 ACTION Approved staff recommendation. BY B.Garza. L. Consider Award of Agreement to United Construction & Landscape, Inc. for Construction of the Metrolink South Parking Lot South Entry Project (Project No. C0029); and Consider Increasing the Not-to-Exceed Amount for RJR Engineering Group, LLC for an Amendment for Inspection and Engineering Services. Staff Recommendation: 1) Award bid to United Construction & Landscape, Inc. for a total contract value of $349,800; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Authorize the City Manager to execute an amendment to RJR Engineering Group, LLC’s existing Agreement for Final Design of the Metrolink South Parking Lot Entrance to include an updated scope of services to provide inspection and engineering services during the construction phase of the project, increasing RJR’s not-to-exceed amount by an additional $40,000. (Staff: Shaun Kroes) Item: 10.L. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: 12/18/2019 Regular Meeting SUBJECT: Consider Award of Agreement to United Construction & Landscape Inc. for Construction of the Metrolink South Parking Lot South Entry Project (Project No. C0029); and Consider Increasing the Not-to- Exceed Amount for RJR Engineering Group, LLC for an Amendment for Inspection and Engineering Services SUMMARY Part of Objective 5.5.1 of the City’s FY 2019/20 and FY 2020/21 Mission Statement, Strategies, Goals and Objectives (approved by City Council July 17, 2019) includes improving the Metrolink South Parking Lot, which involves adding a second entry on First Street. The City received seven construction bids on November 5, 2019 and is requesting that City Council award a construction agreement to the lowest responsive and responsible bidder, United Construction & Landscape Inc. (United) for $318,000, with a ten percent contingency of $31,800; for a total non-to-exceed amount of $349,800. Additionally, City staff is requesting that the City Manager be authorized to execute an amendment to RJR Engineering Group, LLC’s (RJR) existing Agreement for Final Design of the Metrolink South Parking Lot Entrance to include an updated scope of services to provide inspection and engineering services during the construction phase of the project, increasing RJR’s not-to-exceed amount by an additional $40,000. City staff is currently working with RJR staff for an updated scope of services. BACKGROUND On April 17, 2019, City Council approved plans and specifications for the Metrolink South Parking Lot South Entry Project (MPK 19-02) and authorized staff to advertise for bids for the project. Advertisements for the bid ran in the Ventura County Star on April 28 and May 6, 2019. The bid included a mandatory pre-bid meeting held at the Item: 10.L. 194 Honorable City Council 12/18/2019 Regular Meeting Page 2 construction site (65 First Street) on May 21, 2019. Five contractors attended the meeting. Bids were originally due by 3:30 p.m. on June 4, 2019; however, shortly after the May 21 pre-bid meeting, City staff was discussing with staff from the Ventura County Transportation Commission (VCTC) the latest Federal Transit Administration (FTA) Section 5307 fiscal year (FY) 2018/19 grant cycle, which included $101,542 in new funding for the project. Staff from VCTC stated that FTA had not yet formally approved the FY 2018/19 grant cycle. While the delay in approval does not normally cause a concern for the City’s FTA 5307 funded projects (such as bus operations and maintenance), there was a concern that without FTA grant approval (which would also include approval of the categorical exclusion for environmental clearance) there was a risk of not receiving reimbursement if the bid was completed and a contract awarded. Out of an abundance of caution, City staff released Addendum No. 1 on May 29, 2019, delaying the bid deadline until further notice. On August 15, 2019, VCTC staff notified the City that the FY 2018/19 grant cycle had been approved by FTA and the City could move forward with the bid. City staff released Addendum No. 2 on October 4, 2019, updating the bid due date to November 5, 2019. The City also established a second mandatory pre-bid meeting for October 22, 2019; allowing additional contractors to attend and bid on the project. Contractors who attended the May 21, 2019 pre-bid meeting were not required to attend the second pre- bid meeting; however, they were encouraged to do so. The City also re-advertised the bid in the Ventura County Star on October 11 and 17, 2019. An additional twelve contractors attended the pre-bid meeting on October 22, 2019. As a reminder, the Metrolink South Parking Lot (Parking Lot) is accessed off of Moorpark Avenue, south of the train tracks. The Moorpark Avenue Sealed Rail Corridor project improved the safety of the rail crossing in 2016. That work included a median which limits access at the Parking Lot to right-in or right-out turns only. This forces commuters driving from the north part of the City to take a circuitous route to access the Parking Lot. Several years ago the City developed a concept of creating a second entrance that connected the Parking Lot to First Street. The original concept, which included the acquisition of two residential parcels, closing the existing connection to Moorpark Avenue and closing First Street to through-traffic has been scaled down to one residential address (65 First Street), leaving the Moorpark Avenue entrance open, and keeping First Street open to traffic. This concept allows traffic to be distributed across both driveways rather than all traffic to be accommodated only by the single residential neighborhood driveway to be built at First Street. The scope of work included in the bid consists of adding a new driveway to the Parking Lot (approximately 7,200 square feet), which will allow commuters to travel in and out of the Parking Lot using First Street. Work also includes, widening the existing driveway leading to the Parking Lot by approximately 3,500 square feet, adding stormwater infiltration along the east side of the new driveway to collect and retain stormwater run- 195 Honorable City Council 12/18/2019 Regular Meeting Page 3 off from the new driveway, adding a ten-foot sidewalk along the west side of the new driveway and establishing a pedestrian crossing across the existing driveway and connecting to the existing sidewalk located in the green space along the northwest section of the Parking Lot. Pedestrian lighting will also be included along the new driveway sidewalk. On October 16, City staff mailed a letter (in English and Spanish) to all residential addresses on First Street informing the residents of the upcoming construction project. The letter included an update that the new project would keep First Street open for through-traffic instead of the previous project that was going to include closing off First Street between 65 First Street and 81 First Street. To date, staff has not received any comments/questions from the residents. The project plans and related documents remain available at the Public Works Department for the public to review. DISCUSSION The City received seven bids by the November 5, 2019 deadline and all bids were opened during a public bid opening by the City Clerk’s Division. Table 1 below provides a list of the contractors and their corresponding bid amounts. Table 1: Contractor Bid Amounts Contractor Bid Amount United Construction & Landscape Inc.$318,000 GMZ Engineering Inc.$330,001 Y.Ko Constructors $350,000 Lee Construction $436,845 All American Asphalt $450,238 Granite Construction Company $510,400 NoHo Construction $544,701 United was the lowest bidder at $318,000. The lowest bid was 12.21% higher than the bid estimate of $283,403; however, the bid estimate was from December 2018. While reviewing United’s bid, staff identified an irregularity in that although United had signed the Noncollusion Declaration Form, which was part of the required bid documents, United had failed to notarize the document. City staff discussed the issue with the City Attorney and determined that the City could waive the irregularity as insubstantial as it, “…does not materially affect the proposal…” and does not give the bidder, “…an advantage over other bidders and affects the price.” [California Construction Contracts and Disputes; November 2015 Update; §6.58; Page 6-56.] City staff contracted United’s provided references and based on the responses provided staff has determined that United’s bid is the lowest responsive and responsible bid. 196 Honorable City Council 12/18/2019 Regular Meeting Page 4 Staff is requesting that City Council award a Construction Agreement (attached) to United in the amount of $318,000, along with a 10% contingency of $31,800, for a total not-to-exceed amount of $349,800. Staff is also requesting that the City Council increase the total not-to-exceed amount for RJR Agreement (originally for design of the project) by an additional $40,000 for engineering/inspection services while the project is under construction. Staff is currently working with RJR on a new scope of services to include items such as reviewing/approving United’s submittals, inspection services, providing responses to Requests for Information, attending weekly construction meetings, etc. Once finalized, City staff will provide an amendment to the City Manager (subject to his approval) for signature. FISCAL IMPACT The project cost breakdown is provided in Table 2 below. Table 2: Project Expenditure Breakdown TSM 2001-311-C0029-55300 Professional Services 108,258$ (48,369)$ RJR** (58,385)$ Phoenix Balance 1,504$ TDA/FTA 2414-311-C0029-55200 Infrastructure 363,934$ ($340,459 FTA/$23,475 TDA 8c) (279,840)$ United - FTA Portion (23,475)$ United - TDA 8c (local match) Balance 60,619$ STA 2413-311-C0029-55200 Infrastructure 45,903$ (45,903)$ United - (Local Match) Balance -$ TSM 2001-311-C0029-55200 Infrastructure 2,000$ (582)$ United - (Local Match) Balance 1,418$ Total Balance 63,541$ * FY 2019/20 Budget incorporates Budget Line Item Adjustments submitted for approval & $8,369 adjustment for 2001-311-C0029-55300 that will occur when CIP roll-over occurs. ** $8,369 of the $48,369 for RJR is for design of the Metrolink second entry that has not yet been expended. This amount may be incorporated into RJR’s amendment for inspection/engineering services during construction. Expenditures for United in Table 2 above include a 10% contingency of $31,800, for a total not-to-exceed amount of $349,800. Eighty percent (or $279,840) will be funded with FTA §5307 funds, which are reimbursement-based. The local match of $69,960 will be funded with a combination of Transportation Development Act Article 8c (TDA) 197 Honorable City Council 12/18/2019 Regular Meeting Page 5 Fund (2414), State Transit Assistance (STA) Fund (2413), and Traffic Systems Management (TSM) Fund (2001). Expenditures for RJR and Phoenix will be funded with TSM in the amount of $106,754. COUNCIL GOAL COMPLIANCE This action in consistent with City Council Strategy 5, Goal 5, Objective 1 (5.5.1): Complete the south Metrolink parking lot. STAFF RECOMMENDATION 1. Award bid to United Construction & Landscape Inc. for a total contract value of $349,800; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2. Authorize the City Manager to execute an amendment to RJR Engineering Group, LLC’s existing Agreement for Final Design of the Metrolink South Parking Lot Entrance to include an updated scope of services to provide inspection and engineering services during the construction phase of the project, increasing RJR’s not-to-exceed amount by an additional $40,000. Attachment: Agreement with United Construction & Landscape Inc. 198 ATTACHMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND UNITED CONSTRUCTION & LANDSCAPE INC., FOR CONSTRUCTION OF THE METROLINK SOUTH PARKING LOT SECOND ENTRY THIS AGREEMENT, executed as of this ____ day of _____________________, 201__, between the City of Moorpark, a municipal corporation (“City”) and United Construction & Landscape Inc., a corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to the Metrolink South Parking Lot; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on December 18, 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 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 the Metrolink South Parking Lot second entry project, as set forth in Exhibit C: Contractor’s Bid Proposal, dated November 5, 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”; as set forth in Exhibit D: City’s Bid Document, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit D; as set forth in Exhibit E: Addendum No. 1 to the Bid Document, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit E; as set forth in Exhibit F: Addendum No. 2, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit F; and as set forth in Exhibit G: Addendum No. 3, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit G. Where said Scope of Services as 199 set forth in Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit G is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Exhibit D, Exhibit F, and Exhibit G. Contractor 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 Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total value of three hundred eighteen thousand dollars ($318,000.00) as stated in Exhibit C, plus a ten percent (10%) contingency of thirty-one thousand eight hundred dollars ($31,800.00), for a total contract value of three hundred forty-nine thousand eight hundred dollars ($349,800.00), without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor’s compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor’s ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Indika Jayaratna, and no other individual may be substituted without the prior written approval of the City Manager. United Construction & Landscape Inc. Page 2 of 19 200 The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed three hundred eighteen thousand dollars ($318,000) plus a ten percent (10%) contingency of thirty-one thousand eight hundred dollars ($31,800.00), for a total contract value of three hundred forty-nine thousand eight hundred dollars ($349,800.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any 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. United Construction & Landscape Inc. Page 3 of 19 201 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. CONTRACT DISINCENTIVES 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 Contract Disincentives, the sum of two- hundred fifty dollars ($250.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Contract Disincentives 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 Contract Disincentives 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 United Construction & Landscape Inc. Page 4 of 19 202 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 obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. United Construction & Landscape Inc. Page 5 of 19 203 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 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. United Construction & Landscape Inc. Page 6 of 19 204 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, Federal Transit Administration (FTA) Requirements as specified in Appendix II of Exhibit D, 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. United Construction & Landscape Inc. Page 7 of 19 205 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: Indika Jayaratna United Construction & Landscape Inc. 9018 Balboa Blvd, #128 Northridge, CA 91325 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. United Construction & Landscape Inc. Page 8 of 19 206 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. 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 United Construction & Landscape Inc. Page 9 of 19 207 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 Contract Disincentives 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, Proposal, and Addendums No. 1 through No. 3, Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit G, 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. United Construction & Landscape Inc. Page 10 of 19 208 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK UNITED CONSTRUCTION & LANDSCAPE INC. _____________________________ _____________________________ Troy Brown, City Manager Indika Jayaratna, President Attest: _____________________________ Ky Spangler, City Clerk United Construction & Landscape Inc. Page 11 of 19 209 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. United Construction & Landscape Inc. Page 12 of 19 210 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 and No. CG 2037 with edition acceptable to the City. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This United Construction & Landscape Inc. Page 13 of 19 211 endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, United Construction & Landscape Inc. Page 14 of 19 212 provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any United Construction & Landscape Inc. Page 15 of 19 213 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. United Construction & Landscape Inc. Page 16 of 19 214 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. United Construction & Landscape Inc. Page 17 of 19 215 (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by United Construction & Landscape Inc. Page 18 of 19 216 issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of January 1, 2020, by its own provisions.) United Construction & Landscape Inc. Page 19 of 19 217 EXHIBIT C BID CITY OF MOORPARK METROLINK SOUTH PARKING LOT SECOND ENTRY 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 three (3) 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 _9_6_0_9_15 __ , Class A, B, C12 & C27 , which expires on ___ 5_13_1_12_0_2_1 __ Bidder's Name: UNIT D CONSTRUCTION & LANDSCAPE, INC. Signature: -,.+.~ ....... _,4...,V"""-""._L.::::::::::===~---­ Signature: -<-+----+--+------------- 4-17 -2 019 B-1 Date : Date : 11/5/19 -------- 218 CITY OF MOORPARK BID SHEETS FOR METROLINK SOUTH PARKING LOT SECOND ENTRY [PROJECT] Bidder's Name : IM-J\l En UIDC,TY< UJ?Clt\TD ~ LthJD~W t iN C · 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 City Engineer/Public Works Director, at the following prices: BASE AMOUNT: Item Payment Unit No. Ref. Description Qty Unit Price Total 1 2 3 4 5 6 7 8 9 10 Traffic Control, Construction 702-6 Signage and Traffic 1 LS 1s;ooo ~ I-@. '5;0001 Maintenance 703-2 Stormwater Pollution Control 1 LS ti /tf, -=;co , -/~, To0· ~ 704-6 Demolition, Clearing and 1 LS .25-,cm).!i 2-5 I OOD I J2 Grubbing 705-2 Concrete Block Wall 1 LS 321 000 .e JV 3'2 ,ooo . - 707-6 Asphalt Concrete 1 LS ~ ?f/100-V' --gq, OX)' ~ 708-5 Portland Cement Concrete 1 LS ~r;oov.~ tf 5-Improvements E,ooo . Traffic Signing and Pavement 0 / ~rSP,D, !:J. 709-7 Delineation 1 LS I ~,sgo, ~ 710-2 Landscaping and Irrigation 1 LS 3Cf,OO<J .~ 3q ,ODD. 52- 711-2 Mainline and P.O.C . Note 600 LF '25 A;:. /~/)OD.- 712 -2 Lighting 1 LS ~g/ff!. .B IJ_g, 7/Cj,E 713 -2 Release on Contract 1 LS $1.00 $1.00 Note: Items may be adjusted or modified. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2 .2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to 10-4-2019 B-2 219 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. llv TOTAL BID PRICE IN DIGITS: $ j / g 1 (3 D-fJ 1 - TOTAL BID PRICE IN oRos: Th au W a1' G;Jb ;l-cui ~ d ~~ Signature : Title: f lZt:?i \Ot-N! Date: filo\°'1 Signature: Title: ____ _ Date: __ _ 10-4-2019 B-3 220 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name : UNITED CONSTRUCTION & LANDSCAPE, INC. (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. N/A (3) Business Address: 9018 BALBOA BLVD. #128, NORTHRIDGE, CA 91342 (4) (5) (6) Telephone: (818) 988-9706 Type of Firm -Individual, Partnership, LLC or Corporation : __ c_o_R_P_O_R_A_T_IO_N __ _ Corporation organized under the laws of the State of: __ C_A_L_IF_O_R_N_IA _____ _ (7) California State Contractor's License Number and Class : 960915 -A, B, C12 & C27 (8) (9) (10) ( 11) (12) (13) Original Date Issued:-------------Expiration Date: 05131120 DIR Contractor Registration Number: _1_0_00_0_0_2_8_4_0 ___________ _ List the name and title of the person(s) who inspected the Project site for your firm: <A.o.a \!\!\\ ,1 u\ a S~err<A1 V\iv., List the name and title of the P,erson(s) who attended the mandatory pre-Bid meeting and site walk for your firm: C~a &VI<\ vloi JtA ~'.flvraJ-h C\ Number of years experience the company has as a contractor in construction work: _j_ List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid: T~t)t\Cf\ :rA~AMNf! List all current and prior D .B.A.'s, aliases , and fictitious business names for any principal having interest in this Bid: 4-17-2019 B-4 221 (14) (15) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: 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 . 4-17-2 019 B-5 222 ( 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: b. By the owner against you? Circle one: Yes @ Yes @ c . By any outside agency or individual for labor compliance? Circle one: Yes ® d. By Subcontractors? Circle one: Yes @ e. Are any of these claims or actions unresolved or outstanding? Circle one : Yes @ 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: 4-17-2019 B-6 223 (21) If you have worked on or are currently working on any federally-funded projects, please list the last three (3) projects. I ~ 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: s-( e a\\-oc\fl e d . (SEAL) ~ pu c or ot er officer completing th is certificate vtrlftes only the identity of the individual who signed the document to which this certificate Is attached, and not the tMhfulness, accurac , or valid It of that document. State of California, County of U::S Aa 'tf' \_e_s, Subscribed and sworn to (or affirmed) before me on this __£.. day of l\ttJv em\? e_ c , 20 J.:L by \(\C\, \co G . .jG\'jo,'( cd -n q to be the person(s) Signature: _ _..::i£~~S§~;;;::::"~---- 4-17-2019 B-7 Company Date: 11/05/19 Signature: Title: --------------- Date: KIMBERLY AVINA COMM. #22928..~ z ·p. Notary Public· Califo~ .. ~ • Los Angeles County .. Comm. Ex ires June 13, 2023 224 REFERENCES FORM For ill! 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 \{fr>Q~A f;,1 < tbf.dr -5,Gfu>o \,, ernlff\C. ~lf\.,O IM ftl-trt'{Mt-Nl Project Description tru~H C'&trrL Qe,~.\-;M 4-'dwr'j ,!1.~\£;~J ! , A [Gf&l'1 ;~, ~Ji.ure ,Gort~~ Approximate Project Dates From : M(A,.(. ')g , 'lo \ 8 To: ()ti,. IJ, Jo IZ Agency Name: ActO N -f\;(Q llf\ DV\LC/E--lN N\f-l t-0 ~12 Contact Person: J h ~\?S \l D<.,E-Telephone: G& /-43 tz -4S1fz Address: PD 'b~ 81 Y 3 1 W (/11i;t\:£ Ver q 3 53VJ Original Contract Amount: $ I 1 k 1~1 (2()0 . ]il. Final Contract Amount: $ 11'745 1 ~ ~~ • 22- If final amount is different from original amount, please explain (change orders, extra work, etc.). Liitft11 ~{ 0 d -tr s i efN\ WCK t Did you or any Su ~ntractor, 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 2 Name/Number A-cro ~o S.1 M ,\ bce;e,I'\ \f\/0] P~ '1 -~\ fe t r-a.·1) · P~oject Description bihwnfl.L §m Jv,'Af'.j . J,v-l vewtt~ flX'l\\iij , \fMJ\As.~e 1 ~±uV\e Wctl!~ Approximate Project Dates From: Se~i · 2-g 110 Ila To: W . 2--, 2of1 AgencyName: \(.w lk62 S,11<\·, f-tt.xeolq bf'\ -.!" f cM-l D !sk~Gt Contact Person: UIJ\A b \,fx S, 1>\A RtnJ Telephone: ~OS -/;£~ -L/qgD Address: \\o Cj 'l Cn[ ~fr{l lOr)Va .1 Si M ,l \}Al\-e~ 1 CA °130 bS Original Contract Amount: $ l 1 D 41 I 0 t8 -JD Final Contract Amount: $. \ 1 I 3 I , CJ 32. ~ 4-17-2019 B-8 225 If final amount is different from orig inal amount, please expla in (change orders , extra work , etc .). ~@ f Otui-u-<; Did you or any Subcon;,~ctor , file any claims against the Agency? Circle one : Yes ~ Did the Agency file any cla ims against you? Circle one : Yes 6) If you answered yes to either of the above two questions, please explain and indicate outcome of claims. A Project 3 Name/Number ~~ t i ~W.tfrl:'.9 ~(,f,.\s 0 l fit L Project Description tUi\\ffe\j ,\, s -1~< Oimo\A~~ 1 [ib=f\Vnk~d a:t'µ. I f l~@f'M'l\),&Efh.olt I feriu'~ Approximate Project Dates From : J itC-3 '2 Lf ,'l...()\-=f To : Yn hfl · 2-1, jOJ-g Agency Name: R.OSt WWW ..£'~ D L--0 l > TIZ. l Vf Contact Person: j \}fnJ, £.,~ NJ~D Telephone: _1_,_o'-q'--_6:;_1_~_-8_3_0--'~"----- Address : 3qo =t RDJ.~-ead BlvJ .1 ROJ eM £Ctd Ui ~11-71> Original Contract Amount: $ l 121 ~. DBO . JJ Final Contract Amount: $ !2_, Obs , b {!:,-, 33- If final amount is different from original amount, please explain (change orders , extra work, etc .). Did you or any Subco !J.t!~ctor , file any claims against the Agency? Circle one : Yes ~ Did the Agency file any claims against you? Circle one : Yes 6) If you answered yes to either of the above two questions , please explain and indicate outcome of claims . 4-17-2 019 B-9 226 Project 4 Name/Number th.HIJ.V\;('\d. Ottk.4 .f ~ ftvt k k/rirUnvi u -b M Project Description !Lnd:Pt3ttvi mj li11Jl' !1 '~ <JraJ1 ~ , f [Aj j H=iaJ l vtdMI 1e°""-\ ~WDrl , I fl"\jtiLtw Approximate Project Dates From: To _____ _ Agency Name : Chi\£j 0 Rtue a H fMfl. { fM le-Di s.h\ck Contact Person: AJ.ff£MI M(9 Wj Telephone: ~05 , Y°IS , i t/-3 / Address: 4o 3 W. ~\\U-i~-\-Pd Ji · ~~A Oalu; 1 {)J q 130o Original Contract Amount: $ \, 32-~1 eo--O · ~ bl.- Final Contract Amount: $ I , l/ 4 2 , ~13-. - If final amount is different from original amount , please explain (change orders, extra work, etc .). Did you or any Subcon~ctor, 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 5 Name/Number Uwr\/Jvv1. I\ Q ~Jo ~~ e Project Description k~ 11(;\t I vv\~ttG·~ ,1rlv yl 1'1'1 1' "'j .~Glfr'0 eru w I tm±lw (J{lc Approximate Project Dates From : ~ r . ~ I 2 0 'G) To : J lt I ~ . lo ) :i 0 n Agency Name : 01;) o-\ lOvMM'i 11 \7 Contact Person: fu c V\&l f k Telephone: gos , 3 &? 5 , 5 "213 Address: io I U,00~ O l)',;a , ~;f,v-i//11 CA\ l13D l l7 U-v !J Original Contract Amount: $ 26& 1 DI;; . ..-Final Contract Amount: $ :rzg , ::'f(, I · If final amount is different from original amount, please explain (change orders , extra work, etc .). 4-17-2 019 B-10 227 Did you or any Subco~trfctor, 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. I A Project 6 Name/Number 0WJ2 HA f n?-7]1,B(,f G.JHS p %6!1 RLD? · Project Description \&mo l\31""1 <k d~ t~3 . -eiClvati b t G.i\J\fU!l&i k , ~0rd-e+tcv+w o r ~ Approximate Project Dates From: mu . 2 C, I 2o \~To: lrvj . s, 2.o) ~ Agency Name: ~J fri.W fr 1 )(. -\,,fr l111 VL @ A IAi \lt l\?12 ~12 Contact Person: \ D ~D 'Low.J Telephone: 2~z /8lg -'1,v1v Address: ~/~2~1~1~! __ p~,'o~nt .... f~r -b ..... I ,izi .............. ,~:B~\d>;'-18~· G ............. , _fJ_c>-r~w_M~··-~ __ q_o~w~.>J? __ _ Original Contract Amount: $ 31:;g, S]D , jJ.. Final Contract Amount: $ 32 I, lb1 .!tJ If final amount is different from original amount, please explain (change orders, extra work, etc.). U o108 e Ddtf7 -v\-t~ S.CAl f t 4~1~1r ~ Did you or any Subco~ctor, file any claims against the Agency? Circle one: Yes V Did the Agency file any claims against you? Circle one: Yes (!Y If you answered yes to either of the above two questions, please explain and indicate outcome of claims . 4-17 -2019 B-11 228 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. 4-17-2019 B-12 229 MOHAMED ELHELBA WY United Construction & Landscape Inc. 9018 Balboa Blvd., #128, Northridge CA 91325 0: (818) 988-9706 C: (310) 430-9946 MOHAMED@ucmland.net PROJECT MANAGER Project Manager in construction and engineering project management for the past 24 years. After completing Department of State Architects inspection for the last 13 years I bring extensive knowledge and experience to all projects I oversee. My leadership and communication skills have provided me with the ability to consistently complete projects within time and budget, and to motivate teams to maximum efficiency. KEY SKILLS • Schedule and execute all stages of the project • Change Order/ RFI Management Budgeting & Cost Controls • Project leadership. • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with clients and suppliers. • Risk management, being able to control risk and be on top of every task being done in project site • Plan, organize and evaluate construction projects from start to finish according to schedule, specification and budget • Develop action plans and provide expertise for client needs 230 Jorge Martinez United Construction & Landscape, Inc. 9018 Balboa Blvd., #128, Northridge CA 91325 0: (818)-988-9706 c: (805)-816-7831 info@ucmland.net j martinezl 13jm@gmail.com April 23 , 2019 Project Superintendent Construction Superintendent with a 7-year record of success overseeing all phases of general construction and installation work, projects for government and private-sector clients . Experience includes managing crews of up to 25 in schools and parks improvements. Backed by strong credentials and a proven history of on-time, on- budget and high -quality project completions. KEY SKILLS • Change Order Management Budgeting & Cost Control • Bidding I Estimating I Proposals • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with clients and suppliers. • Crew Supervision • Plan, organize and evaluate contruction projects from start to finish according to schedule, specification and budget • Develop action plans and provide expertise for client needs • Prepare progress reports and issue progress schedule to clients References are available upon request. 231 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 (Appendix VIII) and Specifications, in an amount in excess of one-half percent (0 .5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10 ,000 , whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors . Name under which CSLB License DIR Type of Work Percentage Subcontractor is Number(s) and Contractor Address and Phone (e.g ., ofTotal Bid Licensed Class( es) Registration Number Asbestos (e .g., 10%) and Registered Number Abatement) ~~~ 4--S~c, [-10 too Do035T>b c"f I mWr Cir fS'lecht'al-t% ( Si\C· '& 11-oq I ~[;~ C-3 (p /OOOO:J0ft3 -Yvn-h. Mh? 'ca, Cf! fl\M'Y\ b r nq i 0 k PUHl'li311'/ b loo l~.P? The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b ). 4-17-2019 B-13 232 INDUSTRIAL SAFETY RECORD FORM Bidder's Name \AN\~O ~q~hui\ ~ -t-lA\\--lO<;(AWe ltJL . Current Year of 2018 2017 2016 2015 2014 Total Record Number of ID C\ 12 \ \ (0 12-b~ contracts Total dollar amount 1;;, of contracts (in 51939,l~. ~ r2-?,\ ,IQ&) ',s J1c>/tz1 3$f~,21q 11 ng ,310 8-:rv,ru 2~1 SIO,S/.r. thousands of dollars) Number of fatalities ~ o & Q ~ Q tQ Number of lost (y 0 0 Q t) & & workday cases Number of lost Q 0 (I) (9 'Q t) Q 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 . --:lj.:::.c~'-d..~+4....:.P.-=:::...:::------Signature: Title: Title: ~-------------- Date: 11 /05/19 Date : --------------~ 4-17-2019 B-14 233 Bond No. Bid Bond 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: Metrolink South Parking Lot South Entry. WHEREAS __ u_n_ire_d_C_o_ns_tr_uc_ti_on_&_La_n_ds_ca~p_e,_ln_c_.-_1_04_0_4_F_oo_th_il_IB_lv_d_.,_La_ke_v_ie_w_T_er_ra_ce_,_C_A_9_13_4_2 ___ ~ (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-------------- American Contractors Indemnity Company-801 S. Figueroa St., Ste. 700, Los Angeles, CA 90017 (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 the total amount of the bid Dollars ($ 10% , 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. 4-17-2019 B-15 234 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body . Dated : "Principal" "Surety" ~}'Ej) ~S"!Y<..WJ~ American Contractors Indemnity Company By: Its: A~-- By: By: Its: Its: Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-Jn-fact must be attached. 4-17-2019 B-16 235 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary publ ic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certifi cate is attached, and not the truthfulness, accuracy, or va li dity of that document. County of lo 3 · e.-/ '-f'.5 ) ) State of California h On //-5-). Cf before me, __ L_m~l/-_fL,_LL_5'--l_·J;--'-'-1_f"Z---"6T'---Q,.--=-(i----iv/.___ ____ _ Here Insert Name ri nd Title 1of the Officer Date personally appeared ----~~-~~~~~-' ~-~~---~~,)~~~~~~~-~-~-~~-------~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th _~·Jl erson(s) whose name(s) <fuMre b ribed to the within instrument and acknow~qged to me that ~he/they executed the same in r/their authorized capacity(ies), and that by@.sjh er/their signature(s) on the instrument the person(s), entity upon behalf of which the person(s) acted, executed the instrument. L. MA RUSICH Notary Public -Calif ornia Los An ge les Cou nty Commis sion # 21 5905 7 My Comm . Ex pir es Jul 3, 20 20 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. Signature of Notary Public ----------------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 Lim ited D General D Partner -0 Limited 0 General D Individual D Attorney in Fact 0 Individual 0 Attorney in Fact D T rustee D Guardian or Conservator 0 T rustee O Guardian or Conservator D Other: ______________ _ 0 Other: _____________ _ Sig ner Is Representing: _________ _ Signer Is Representing: _________ _ • ©2 014 National Notary Associat ion • www .NationalNotary .org • 1-800 -US NOTARY (1 -800-876 -6827) Item #5907 236 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 Orange On __ N_O_V_0_1_2_0_1_9 ___ before me, ___ S_u_m_m_er_L_. R_e-'-y_es_, N_o_ta-'-ry_P_u_bl_ic _______ _ Date Here Insert Name and Title of the Officer personally appeared _____ M_a_tt_h_ew_J_. C_o_a_ts ____________________ _ 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. SUMMER L. REYES _ Not ary Public • California ;2 ! •a Orange County ~ z Commi ss ion # 2158864 :!: J 4 4 • ~ 4 4 4M1 so zi~· ;xeir;s j uJ 2;1i2d Place Notary Seal Above 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. 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: ____________ _ 0 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 237 POWER OF ATTORNEY AMERICAN CONTRACTORS INC>_EMNITY COMPANY TEXAS BONDING COMPANY UNITED ST Y U.S. SPECIAL TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRE ontractors Indemnity Company, a California corpora xa-s Bo11oihQ" Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S . Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Matthew Coats or Linda D. Coats of Laguna _Hill IT~ rney(s)-in -fact , each in their separate capacity if m ve, with full power and authority or con erre in its name, place and stead, to execute , acknowle ncf de 1ver a ny and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ••••*Five Million••••• Dollars ( ***$5,000,ooo.oo••• ). This Power of Attorney shall expire without further action on April 23rd, 2022 . This Power of Attorney is granted under and by authority of the followin . · --by the Boards of Directors of the Companies: - Be it Resolved, that the President, any vested with full power and authority to Company subject to the following provisio _Vice-President , 9ny S~crfitary or any Assistant Secretary sUi fable persons as Attorney(s)-in-Fact to represent and act for Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or · indemnity and other conditional or obligatory undertakings, includ ing any and all consents for the release of retained percentages and/or final estimates on engineering and construction contrac!§.,_and any and all notices and documents celin =--the Company's liability thereunder, and any such instruments .s.o_execut®J>yany s_ae b Attorney-in-Fact shall be binding upon com by the President and sealed and effected by the Corporat EESe_eretary~ =- ~ ignature of any authorized officer and seal of the Compa rji'_beretof or er~affixed to any power of attorney or any ee 1ficate re a mg ereto by facsimile, and any power of attorney or certificate beann-g"f iresimile e or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached . ,,· State of .California . 1 I'. County of Lo .s A gele s (. \ ~.~ ~-{ fJOta her offia er completing this cerlificate verifies only t _ ual who signed the document to ~ .(:J ftac.h.f§d, and not ~he truthfulness, accurac , or v F[lj F= -ff1sc 1 ay o .• !J ~; QO;s: before me, Sonia o. Carrejo, a notary public, nally appeare d--""o"'-~~n-ie_l_P_._A_g_u-ila_r_,_V_ic_e_P-re-s-id_e_n_t_o_f~ American Cont ~a do r~'l'rl demnity Company , Texas Bonding Company , United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person , or the entity upon behalf ie b t ~ ted, executed the ins,rument. I certify under PENAL TY OF PERJ _ of~the State of California that the foregoing paragraph i WITNESS my hand and official seal.. Sig o atu _ (seal) -==1 ~ m Contractors Indemnity 12-sn ~ ~· :ecialty Insurance Company , do hereby certify that th torney, e xecuted by said Companies, which is still in full force and etfr- set out in the Power of Attorney are in full force and effect. \ ' ' . Agency No. Kio Lo , ASSlSecretary HCCSMANPOA00/2018 visit tmhcc .com/surety for mo 238 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 PRESIDENT of UNITED CONSTRUCTION AND IANDSCAPE, INC. , 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 11/05/19 [date], at NORTH RIDGE [city], CA [state]. Signature : Signature: Printed Name: __________ _ Date: 11/05/19 Date: This form must be notarized . 4-17-2019 B-17 239 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. Approved by Contractor: INDIKA JA YARA TNA -PRESIDENT Title Date 11/105/19 4-17-2019 B-19 240 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." INDIKA JAYARATNA By~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PRESIDENT 11/05/19 4-17-2019 B-20 241 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 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages . Contractor shall , as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records , (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors . 4 . Contractor agrees to comply with the provisions of California Labor Code Section 1777 .5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777 .5 by itself and all of its subcontractors . 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day 's work for all workmen employed in the execution of this contract , and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1 , Article 3 of the Labor Code of the State of California as amended. 6 . Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours . Contractor shall, as a penalty to Owner, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code . 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows : "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker 's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this c ntract." Date __ 1_1_1o_s_11_9 _______ _ Printed Na Company UNITED CONSTRUCTION & LANDSCAPE, INC Title PRESIDENT 4-17-2019 B-21 242 SIGNATURE Attach to this Bid 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. 4-17-2019 B-22 243 United Construction ·& Landscape, Inc : 9018 Balboa Blvd., #128, Northridge, CA 91325 P: 818-988·9706 F: 818-988-9707 Email: info@ucmland.net May 31, 2019 I, Indika J ayara~> swear. that this is my signature on the Articles of ln~orporation as; the President of United Construction & Landscape Inc. ,. Thank you very much: Sincerely, A Notary public or other officer completing this certificate verifies only the identity of the int;flvidual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity; of that document. 244 3308263 ARTICLES OF JN CORPORA TtON ENDORSED • FILED in the office of the Secretary of State of the State of California JUL 14 zoto The.name ofthls cwporation is United Coflstruetlon & Landsea~ ln-c II The purpose of the corpo-ratlon is to en11age In any laWfuf act or acil'l'lty ft:Jr wh!eh a corporation may ba organiz.ad under GeNE!RAl.. CORPORATION LAW of CaUfomla other' than th• ba.nkfn9 business, th$ trust coomp;my busrnass, cf the: practice of a profession permttted to be incorporated by th~ ·Cllffornia Corpcratrons Co<ie. m The name and addrH!l In tha State of Califotnla of this corp¢ration's ln\tlal agent tor s.ervi<Ce of proeess is: Name ) ndrKa Geeganaarac'nchige fay-crratmi Addrea.a ~690 Theresa Street Cit)I Newbury Park State CALIFORNIA IV ztp 91320 This corporation is authom~<I to la.sue only one class of snares of 'Stock; and tho tt>tal number of shares, whJch this corporaHon ln authorize<! to issue ls 2..SO<l. 245 tasaoec I hereby certify that1the foregoing transcript of pagels) Is a full, true aoo correct copy of the original record In the custody ot the C?.lifomla.Secretary of State's office. JUL 2 9 £010 Date:, _________ _ ~~ DEBRA BOWEN, Secretary of State 246 LOBBYING CERTIFICATION As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR 20.110 , I certify to the best of my knowledge and belief that for each application for federal assistance exceedin ~$100 ,000: 4 1) No Federal appropriated funds have been or will be paid , by or on behalf of ,#ii~~ fl:UV:~ .v , to any person for influencing or attempting to influence an officer or emp ayee or any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress pertaining to the award of any Federal assistance, or the extension, continuation, renewal , amendment, or modification of any Federal assistance agreement; and (2) If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application to FTA for Federal assistance , I assure that Standard Form-LLL, "Disclosure Form to Report Lobbying ," would be submitted and would include all information required by the form's instructions . I understand that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S .C . 1352 . I also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Signature & Title of Authorized Official 11/05/19 Date 4-17-2019 B-23 247 CERT I FICATE--OPB.UY AMERICA COMPLIANCE Certification of Buy America Compliance for Procurement of steel, iron, or manufactured products (49 US.C. 53230)(1)) The bidde r her-eby c ert if ies .tt;ra t it w ill meet the requi reme.nts of 49 U .S . .C. 5323.(j).(1), Sect ion 165(a) of the Surface T ransportation Assistant Act of 1982, as amended , and the appl icab le regulations in 49 CFR Part 661 11/05/19 Compa ny, Title PRESIDENT Certificatio.n of B.uy Ame.r:ic.a N.on~Co.mpl.iance for Procurement of steel, iron, or manufactured products (40 U.S.C . 53230)(1)) T he bidder hereby certifies that it cannot comply with the requirements of 40 U .S .C. 5323U)(1 ), Section 165(a) of the Surface Transportation Assistant Act of 1982 , as amended , but it may qua'lify for .ar;i .e:x.cept io n to t h:e ce.q u ir.e me nt .p u rsua nt to ·sec1ion 165 (b)(:.2) or :(:b.~:(4 ) JQ.f the Surface T r a ns po rta tro n Assi'sta nce Act of 19'8'2, as a m en ded , a n d t h e appli'ca bl e· regu latrons fn 49 CFR Part 661.7 . Date __ 1 _11_o_s1_1_9 ________ _ Signature ------------ Com pany Name UNJTED CONSTRUCTJON & LANDSCAPE, INC. Title PRESIDENT 4-17-W19 s;.;24 248 SUSPENSION AND DEBARMENT CERTIFICATION CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement , or Potential Contractor for a major third party contract), certifies to the best of its knowledge and belief, that it and its principals : 1. Are not presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from covered transactions by any Federal department or agency ,- 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction ,-violation of Federal or state antitrust statutes or commission of embezzlement , theft, forgery , bribery, falsification or destruction of records , making false statements , or receiving stolen property ; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal , State , or local) with commission of any of the offenses enumerated in paragraph (2) of this certification ; and 4 . Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal , State or local) terminated for cause or default. (If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT}, \AN\!\:;\o Cm~1lY\a7i\~ c{,-!MO ~Wr-Ne . CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U .S .C. SECTIONS 3801 ET . SEQ. ARE APPLICABLE THERETO. 11/05/19 Date INDIKA JAY ARA TNA -PRESIDENT Typed Name and Title of Contractor's Authorized Official 4-17 -2 01 9 B-25 249 Construction Contract DBE Commitment 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: 4 . Project Location: 5 . Bidder's Name: UNITED CONSTRUCTION & LANDSCAPE, INC 6. Prime Certified DBE : D 7 . Bid Amount: 8 . Total Dollar Amount for ALL Subcontractors : 9. Total Number of ALL Subcontractors : 10 . Bid 11 . Description of Work , Service , or Materials 12 . DBE 13 . DBE Contact Information 14. DBE Item Certification Dollar Number Supplied Number (Must be certified on the date bids a ~ Amount ~ , Pl~ I I ~ ----~ v ~ 0-ei f-0111 t.4 ~ q~~tt ~n 1rvr V'l / I J v J ---- Local Agency to Complete this Section $ 21 . Local Agency Contract Number: 15. TOTAL CLAIMED DBE PARTICIPATION 22 . Federal-Aid Project Number: % 23. Bid Opening Date: 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit , regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate. each listed DBE is required . 25 . Local Agency Representative's Signature 26 . Date 16. Preparer's Signature 17. Date 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone 29 . Local Agency Representative's Title 20 . Preparer's Title DISTRIBUTION : 1. Original -Local Agency 2 . Copy -Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package . ADA Notice: For individuals with sensory disabilities , thi s document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Managem ent, 1120 N Street, MS-89 , Sacramento , CA 95814 . 4-17-2019 B-26 250 W/l\tl/S/DVBE CONTRACT & CONSTRUCTION NEWS ''A Statewide Publication for the State of California" Tiie Voice of the Minority, Women, Disad••antaged, Small Busines.;; and Disabled Veteran Contractors and other .Bu.<;ine.-..v .E1tterpri.~es. P.O. Box 892135, Temecula, CA 92589 (800) 570-7070 Fax (800) 548-4237 Official Proof of Publication (COPY OF ADVERTISEMENT) Requesting Sub Bids rrom Quolified O.B.l!.108.E/UDBE/M/W/S/DVBE Subcontractors and Suppliers For The Following Project: South Entry Metrollnk South Parking .Lot (Project No. PW201902) Location: 300 F... High Street, Moorpark, CA 93021 Contracting Agency: City of Moorpark Bid Daterrime: November 5th, 2019 l/t1 3:30 PM Seeking: All Trades ·· UNITED CONSTRUCTlON & LANDSCAPE; lNC. 9018 Balboa Blvd., #128, Northridge, CA 91325 Phone: (818) 988-9706 F:n:: (8Hl) 988J9707 Cont~ct:; Jndika Jayarntna, email: info@ucm.la~d.net P11ymmt Rnd Performance BondR may lie l'llquiroo. We will Hsi~f with Bond~/ ln~m·ance/Credit. PlanN a~ avatlabl~ in our office. We nro an E.O.E. & RcriouNly intend to neg!ltlaM with quallned OBE/DBEIUDBR/MIW/SffiVBE firm~. The Date(s) of Publication Friday, October 25th, 2019 through Tuesdayt November 5th, 2019 1 certijj: (declare.) under penalty of perfwy that the.foregoing is true and correct. The above advertisement was published statewide in W!M/SIDVBE CONTRAC7' & CONSTRUCTIONN5WS T Gieseman, Editor W/MIS!DVBE CONTRACT & CONSTRUCTION NEWS 251 the THOMAS BID REGISTER A BI-WEEKLY TRADE PUBLICATION P.O. Box 892135, Temecula, CA 92589 (800) 570-7070 Fax (800) 548-4237 Official Proof of Publication (COPY OF ADVERTISEMENT) Rcqoe5tinf": Sl•b Bids from Qualified OBE/DBE/UDBEIM/W/S/DVBE Snbcontrnctors nnd Supplicl"l! For The Following Projecti South Entry MetroHnk South Parking Lot (Pro,jcct No. PW201902} Location: 300 E. Hil!;h Street1 Moorpark, CA 93021 Contracting Agency: City of Moorp:uk Bid Datel'Time: November 5th, 2019@3:30 .PM Seeking: All Trade~ UNITED CONSTRUCTION & LANDSCAPE, INC. 9(118 S:dboa Blvd., #128 1 Northridge, CA 91325 Phone: (818) 988-9706 Fax: (818) 988-9707 Contact: Jndik11. Jayaratna, email: info@ucmJand.net Pnymcnt and Performance B11nd~ may he req11lred. We will n~~lu with Rnnd~I lnRurancefCredU. Plan~ ore nvnllnble fn our nfficc. We JI~ ftll E,O.E. & ~cnou!ly Intend to negotiate wllh qunlili•il Of.lli:/l)RE/UDDE/M/W/SfDVDE nrm~. The Date(s) of Publication Friday, October 25th, 2019 through Tuesday, Noi1ember 5th, 2019 I certify (declare) under penii.lly ofpctjury that the foregoing is true and correct. The above advertisement to be published statewide in the THOMAS 6JD REGISTER. . T GJescman, Editor the THOMAS BID REGISTER 252 INSTRUCTIONS -CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency -Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location -Enter the project location as it appears on the project advertisement. 4. Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder's Name -Enter the contractor's firm name. 6. Prime Certified DBE -Check box if prime contractor is a certified DBE. 7. Bid Amount -Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors -Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs +all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors -Enter the total number of all subcontracted contractors. SUM = (DBEs +all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number -Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number -Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information -Enter the name, address, and phone numberofall DBE subcontracted contractors. Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount -Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation -$: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information -Good Faith Efforts of the LAPM). 16. Preparer's Signature -The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17. Date -Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name -Enter the name of the person preparing and signing the contractor's DBE commitment form. 19. Phone -Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparer's Title -Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number -Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number -Enter the Federal-Aid Project Number. 23. Bid Opening Date -Enter the date contract bids were opened. 24. Contract Award Date -Enter the date the contract was executed. 25. Local Agency Representative's Signature -The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 26. Date -Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name -Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form. 4-17-2019 B-27 253 28. Phone -Enter the area code and phone number of the person signing the contractor's DBE commitment form. 29. Local Agency Representative Title -Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. 4-17-2019 B-28 254 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name: UNITED CONSTRUCTION & LANDSCAPE, INC. The Bidder shall signify receipt of all Addenda here , if any : Addendum Number Date Received Signature .1 MA:J 2°1 , 20\11 I J -- I - _C ?-.. o~. ~' 2-Q ,q r-. 0 0 ( L-c I" - 3 ('.)l/f . Z.C), '2.0 \q ' 0 \1 c ~ If there are more Addenda than there is room in the chart above , attach another page acknowledging receipt of the Addenda . 4-17-2019 B-18 - 255 CITY OF MOORPARK PUBLI C WO RK S DEPARTMEN T I 799 Moo rp ark Ave nu e, Mo orpark, Ca li fo rni a 9 30 21 Ma in C ity Ph o ne Numb er (805 ) 517 -6200 I Fax (805) 53 2-255 5 I mo orp ark @mo orpark ca .go v May 29, 2019 ADDENDUM NO. 1 Metrolink South Parking Lot South Entry Specification No . PW: 2019-02 NOTICE IS HEREBY GIVEN to all prospective bidders that the following changes, clarifications, and additions are made part of the Bid for the above referenced project and shall be taken into account in the preparation of all Bids and the execution of all work. The changes, clarifications , and/or additions to the Bid are as follows : -------------------------------------------------------------------------------------------------------------------------------------------------- The Bid Opening is delayed to a date yet to be determined for additional federal clearance . When the City resumes the Bid process it will be determined if an additional pre-bid meeting and job-walk will be established to provide additional bidders with an opportunity to submit a Bid. The City's written response to submitted questions will be delayed until a new Bid Opening date has been established. [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 technical and cost proposals and no additional compensation will be allowed therefore. Sean Corrigan, P.E., City Engineer/Public Works Director Questions regarding this addendum may be directed to Shaun Kroes at (805) 517-6257 or skroes@moorparkca.gov. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY ATIACHING A SIGNED COPY OF THIS ADDENDUM WITH YOUR BID. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. Company Name : l A~ \\!W UM~ J\\OvJ cL---\..JR-hlk Vt+@ "tr ~N C - Authorized Representative : ;tfJHJiuRl op ~/- Signature of Authorized Representative : /1.Mhfif -$ ~ · JA:\IC E S. PA RV I :-\ :vlayo r C HRI S ENEG REN Co un cil member ROSEANN M I KOS , Ph .D. Co un cil member DAV I D POLLOC K Co un cilm ember KE N SI MONS l.oun c ilm ember 256 CITY OF MOORPARK PUBLIC WORKS DEPARTMENT I 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 I Fax (805) 532-2555 I moorpark@moorparkca.gov October 4, 2019 ADDENDUM NO. 2 For Metrolink South Parking Lot South Entry Specification No. PW: 2019-02 Bid due date has been changed to November 5, 2019 at 3:30 pm. NOTICE IS HEREBY GIVEN to all prospective bidders that the following changes, clarifications, and additions are made part of the Bid for the above referenced project and shall be taken into account in the preparation of all Bids and the execution of all work. The changes, clarifications, and/or additions to the Bid are as follows: ========================================================================= 1. Replace pages NC-1 through NC-3 "Notice Inviting Bids" with the attached pages NC-1 through NC-3. 2. Replace page 1-4 "Interpretation of Contract Documents" with the attached page 1-4. 3. Replace pages B-2 through B-3 "Bid Sheets" with the attached pages B-2 through B-3. 4. Replace pages C-49 through C-51 "Performance Bond" with the attached pages C-49 through C-51. 5. Replace pages GP-5 through GP-6 "Control of Materials" with the attached pages GP-5 through GP-6. 6. Replace page GP-26 "Soils Engineering and Testing" and "Working Days and Hours " with the attached page GP-26. 7. Replace pages SP-1 through SP-4 "Special Conditions" with the attached pages SP-1 through SP-4. 8. Replace page SP-8 "Submittals" with the attached page SP-8. 9. Replace Appendix Ill "City Holidays" with the attached Appendix Ill. 10. Replace Appendix VI "Wage Rates" with the attached Appendix VI. 11. Response to formal inquiries: JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmcmbcr ROSEANN MIKOS, Ph.D. Councilmcmbcr DAVID POLLOCK Councilmcmbcr KEN SIMONS Councilmcmbcr 257 Addendum No. 1 Metrolink South Parking Lot South Entry Specification No. PW: 2019-02 Page 2 of 3 Question 1: Do you have an Engineer's Estimate for the project? Response 1: The construction cost estimate for the project is $283,403. Question 2: What is the contract length? Response 2: Refer to General Provisions 6-8 "Completion, Acceptance, and Warranty" on Page GP-12 and Special Conditions 700-5 "Time of Completion" on Page SP-2. Question 3: How far down are the lifts and base? Response 3: Details are in the Plans Question 4: Where can we take materials? Response 4: Per the specifications, contractor will be required to complete a Construction and Demolition Materials Management Plan (Plan). The Plan is available at http://www.moorparkca.gov/DocumentCenter/View/6099/CD-Plan-Packet---2018?bidld= and includes a list of sites where materials can be taken. Alternative sites not included on the pre-authorized list will need to be proposed to the Solid Waste Division and approved prior to usage. Question 5: Is water accessible? Response 5: Refer to Special Construction Requirements 701-16 "Water for Construction" on Page SP-8. Question 6: Is temporary fencing required? Response 6: Yes. Refer to details in the Plans. Note that Contractor will be permitted to utilize existing temporary fencing at 65 First Street. Additional fencing for securement of other material storage location(s) will need to be provided by Contractor. [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 technical and cost proposals and no additional compensation will be allowed therefore. Questions regarding this addendum may be directed to Shaun Kroes at (805) 517-6257 or skroes@moorpa rkca. gov. 258 Addendum No. 1 Metrolink South Parking Lot South Entry Specification No. PW: 2019-02 Page 3 of 3 ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY ATTACHING A SIGNED COPY OF THIS ADDENDUM WITH YOUR BID. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. Company Name: (M·JltEo Lw c;,r~.tUTIAH\ +---(JA±d D>Wt Authorized Representative: __ -+A ....... A_tl ...... !.._~----· _t~' ~~~-~-"------­ Signature of Authorized Representative: ~t~vA ·_J _ r ~. 259 CITY OF MOO RP ARK ·"" P.-\R"S. IU'.CRE.-\T!t)N & (\)\'I\ 1L"NlTYSEIH'l{""ES PIFPT. (\)l) \ h)t'rp.1rk .Jl.\'l.'11LI'-'. \ 1t'1'rr;1rl.:, C.-\ .;w21 \1,tinCity Ph1)nt: ;\iumhcr [S1Vi) 517 621111 · Fax (t\115) 5)2 2551) I m11L1rrark'1''mPnrp.1rkc.1.gn\· October 29, 2019 ADDENDUM NO. 3 tor Moooliflk South Parking Lot So1:1th Entry Specification No. PW: 2019·02. 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: ==~~======================================================================= Clarifications • County Permit for water and sewer service abandonment-perm1t by Contractor. • 10°.to Bid Bond is required Ot1 the project. • 5% Retention is required on the project. Notice Inviting Bids • Sheet NC-1 states that Disadvantaged Business Enterprise (DBE) requirements shall apply to this work. The funding is race neutral so there is no DBE goal. DBE participation is encouraged, but voluntary. • The proposed bl0ck fence· on the west side of the parking !ot entrance road shall be per Detail A on Sheet CE-11. Block shall match the existing wall on the east side of the proposed parking lot entrance road. • Sheet CE-5, Notes 23 and 24 refer to the abandonment of the existing abandoned water and sewer seNice to the vacant lot. Abandonment shall be per Ventura County Requirements. Contact (805) 378-3000 at Ventura County Waterworks for more information. • The existing chain-link fencing and posts on the north, west and ·soufh sides ofthe,vacant parcel shall be disposed at the end of the project. • The Design Engineer will be providing part time construction inspection support to the City staff who will also be performing observation seNices. Construction management will be handled by Phoenix Civil Engineering. • Section A-A on Sheet CE-9 shows 24 inches of 95'%. compacted mater.ial un.d.e( the proposed pavement section and 12-inches of 95% compacted m.aterial under the sidewalk. • The proposed crosswalk across the Metrolink drive aisle as shown on Sheet CE-6 shall be concrete with thermoplastic striping. • The asphalt material finish lift on the project shall be ARHM-GG-C per Sheet CE-2, Note 2 (driveway pavement and appurtenant concrete notes). j.\\ll r .'\. l'.-\R\ I\ \l.l\\)I" CHRIS F.\F.t;IU:~ Cm111dlnK111h,·r Rl\SF..-\\\ \l\\.:t)S, Ph.P C11undlm~111b~r f\.\\ If\ i'l)l.i 11C1' C1>undl111"mh~r KF.\ Sl\lt)\!S l. ,,un.:il n1'·1nh.:r 260 Addendum No . 3 Metrolink South Parking South Entry Specification No. PW: 2019-02 Page 2 of 2 '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 therefore. Sean Corrigan, P.E., City Reminder: The opportunity for written requests for interpretation or correction was 5:00pm, Tuesday October 29, 2019 ........................................................................................................................................... PLEASE EMAIL A SIGNE'D COPY OF ADDENDUM TO JON TURNER AT lturner@Dhoenlxclyll.com AND INCLUDE WITH BID. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY ATTACHING A SIGNED COPY OF THIS ADDENDUM WITH YOUR BID. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. IA!.-.. h_ /''C. Company Name: Ut vi 7 Ef) LtJ/JS'l t<-t~v c)!J r LA tJ.!J5C74//E IV / Authorized Representative : ;t?'arJ>hq!/ Le'...!l!J?70:?z Signature of Authorized Representative: /14,/'A~_tp.J • ~ 1 261 EXHIBIT D CITY OF MOORPARK DEPARTMENT OF PUBLIC WORKS FOR METROLINK SOUTH PARKING LOT SOUTH ENTRY SPECIFICATION NO. PW: 2019-02 4-17-2019 262 TABLE OF CONTENTS Page NOTICE INVITING BIDS .................................................................................................... NC-1 INSTRUCTIONS TO BIDDERS ............................................................................................. I-1 CHECKLIST FOR BIDDERS .................................................................................................. I-5 BID ..................................................................................................................................B-1 SAMPLE AGREEMENT .................................................................................................... C--29 INSURANCE REQUIREMENTS ........................................................................................ C-38 PAYMENT BOND (LABOR AND MATERIALS) .................................................................. C-47 PERFORMANCE BOND .................................................................................................... C-49 CHECKLIST FOR EXECUTION OF CONTRACT .............................................................. C-52 GENERAL PROVISIONS ................................................................................................... GP-1 SECTION 0. GENERAL PROVISIONS DEFINED ................................................ GP-1 SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ........................................................... GP-1 SECTION 2. SCOPE AND CONTROL OF THE WORK ....................................... GP-2 SECTION 3. CHANGES IN WORK ...................................................................... GP-5 SECTION 4. CONTROL OF MATERIALS ............................................................ GP-5 SECTION 5 UTILITIES ....................................................................................... GP-6 SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ..................................................................................... GP-9 SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR .............................. GP-13 SECTION 8. FACILITIES FOR AGENCY PERSONNEL .................................... GP-21 SECTION 9. MEASUREMENT AND PAYMENT ................................................ GP-21 SECTION 10. ADDITIONAL TERMS ................................................................... GP-25 SPECIAL PROVISIONS ..................................................................................................... SP-1 4-17-2019 -i- 263 TABLE OF CONTENTS Page APPENDIX I: TECHNICAL SPECIFICATIONS APPENDIX II FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS: APPENDIX III: CITY HOLIDAYS APPENDIX IV: TRAFFIC ADVISORY SIGNAGE APPENDIX V: VCAPCD, RULE 55, FUGITIVE DUST APPENDIX VI: WAGE RATES APPENDIX VII: RELEASE ON CONTRACT APPENDIX VIII: PROJECT PLANS 4-17-2019 -ii- 264 NOTICE INVITING BIDS FOR Metrolink South Parking Lot South Entry [the “Project”] Identification Number: PW: 2019-02 NOTICE IS HEREBY GIVEN that the City of Moorpark, California (“City”) invites sealed Bids for the Project and will receive such bids in the office of the City Clerk of the City of Moorpark at 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:30 p.m. on the 4th day of June, 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 AND SITE VISIT. A mandatory pre-bid meeting and site walk will be held on May 21, 2019 at 10:00 a.m. at the Project site. Every Bidder is required to attend the pre-bid meeting and Project site walk . Failure of a Bidder to attend will render that Bidder’s Bid non-responsive. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. FEDERAL FUNDING. This is a federally funded project. The current Federal General Wage Determinations for this project, as predetermined by the Secretary of Labor, are set forth in these Special Provisions. If there is a difference in the Federal minimum wage rates and the California Department of Industrial Relations for similar classifications of labor, the contractor and their subcontractors shall pay not less than the higher wage rate. The wage rate for any classification not listed by the Federal Department of Labor or the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the Agency’s determinations. The work herein proposed will be partly financed with Federal funds, and therefore, all of the statutes, rules and regulations promulgated by the Federal Government; including requirements for Disadvantaged Business Enterprises (DBE) shall apply to this work. The City’s source of 4-17-2019 NC-1 265 Federal funding is through the Federal Transit Administration grants by the Ventura County Transportation Commission (COMMISSION), which has a race-neutral DBE program. Consequently, while there is no DBE goal, DBE participation is encouraged, but voluntary. BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. LICENSES. Each Bidder shall possess a valid Class A, Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also obtain a current City business registration if awarded a contract. 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. CONTRACT DISINCENTIVES. Contract Disincentives 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 799 Moorpark Avenue 1830 Lockwood Street, Suite 110 Moorpark, CA 93021 Oxnard, CA 93036 FW Dodge 4-17-2019 NC-2 266 1333 S. Mayflower Avenue , Suite 300 Monrovia , CA 91016 Also online at www .ebidboard .com and www .moorparkca .gov 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 METROLINK SOUTH PARKING LOT SOUTH ENTRY -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 : Shaun Kroes , Program Manager by e-mail skroes@moorparkca .gov. By : City Engineer Date 4-1 7-2 01 9 NC -3 267 INSTRUCTIONS TO BIDDERS FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces, including inserting “N/A” (for not applicable) where necessary. The Bid shall be enclosed in a sealed envelope bearing the Bidder’s name and the Project name and identification number as described in the Notice Inviting Bids. DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives will be considered. The time of delivery shall be conclusively determined by the time-stamping clock located at the City Clerk’s office. Bidders are solely responsible for ensuring that their Bids are received in proper time, and Bidders assume all risks arising out of their chosen means of delivery. Any Bid received after the Bid submission deadline shall be returned unopened. Bidders are invited to be present for Bid opening. Accepted Bids shall become the property of the City. AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive. WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk before the Bid submission deadline. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date. BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier’s check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15) Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract to the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents. QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The City does not guarantee that the actual amounts required will correspond with those shown. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents. ADDENDA. The City may, from time to time, issue Addenda to the Contract Documents. Bidders are responsible for ensuring that they have received any and all Addenda. Each Bidder is responsible for verifying that it has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive. 4-17-2019 I-1 268 DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose. In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the “extended amount” column shall be the unit price. (2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price. In case of discrepancy between words and figures, the words shall prevail. COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors. BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. It will also be assumed that Bidder has familiarized themselves with the requirements for insurance from the City of Moorpark as outlined in the bid documents. Failure to provide the required insurance will result in forfeiture of the Bid Bond. No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law. DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or 4-17-2019 I-2 269 from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected. RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder has signed the Contract. AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within ninety (90) 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. TRENCHING. If the Project involves the construction of a pipeline, Sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five (5) feet deep or more, then each Bidder must submit, as a Bid item, adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 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. 4-17-2019 I-3 270 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 5:00 p.m., Tuesday, May 28, 2019. Requests for clarification received after the May 28, 2019 deadline will be disregarded. Please indicate the Project and identification number in the request for clarification. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum and will be provided no later than 5:00 p.m., May 31, 2019. 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. 4-17-2019 I-4 271 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 ____ Lobbying Certification ____ Certification of Buy America Compliance for Procurement of Steel, Iron, or Manufactured Products (complete as applicable) ____ Suspension and Debarment Certification ____ Construction Contract DBE Commitment Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive. 4-17-2019 I-5 272 BID CITY OF MOORPARK METROLINK SOUTH PARKING LOT SECOND ENTRY 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 three (3) 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: __________________ 4-17-2019 B-1 273 CITY OF MOORPARK BID SHEETS FOR METROLINK SOUTH PARKING LOT SECOND ENTRY [PROJECT] 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 City Engineer/Public Works Director, at the following prices: BASE AMOUNT: Item No. Payment Ref. Description Qty Unit Unit Price Total 1 702-6 Traffic Control, Construction Signage and Traffic Maintenance 1 LS 2 703-2 Stormwater Pollution Control 1 LS 3 704-6 Demolition, Clearing and Grubbing 1 LS 4 705-2 Concrete Block Wall 1 LS 5 707-6 Asphalt Concrete 1 LS 6 708-5 Portland Cement Concrete Improvements 1 LS 7 709-7 Traffic Signing and Pavement Delineation 1 LS 8 710-2 Landscaping and Irrigation 1 LS 9 711-2 Mainline and P.O.C. Note 600 LF 10 712-2 Lighting 1 LS 713-2 Release on Contract 1 LS Note: Items may be adjusted or modified. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to 4-17-2019 B-2 274 estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE IN DIGITS: $____________________ TOTAL BID PRICE IN WORDS: _________________________________________________ Signature: __________________________________ Title: ___________ Date: ______ Signature: __________________________________ Title: ___________ Date: ______ 4-17-2019 B-3 275 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder’s Name: (2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) Business Address: (4) Telephone: Facsimile: (5) Type of Firm – Individual, Partnership, LLC or Corporation: (6) Corporation organized under the laws of the State of: (7) California State Contractor’s License Number and Class: Original Date Issued: Expiration Date: (8) DIR Contractor Registration Number: (9) List the name and title of the person(s) who inspected the Project site for your firm: (10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting and site walk for your firm: (11) Number of years experience the company has as a contractor in construction work: (12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid: (13) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid: 4-17-2019 B-4 276 (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. 4-17-2019 B-5 277 (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: 4-17-2019 B-6 278 (21) If you have worked on or are currently working on any federally-funded projects, please list the last three (3) projects. 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: 4-17-2019 B-7 279 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 Project Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Project Description ___________________________________________________________ Approximate Project Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ 4-17-2019 B-8 280 If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number Project Description ___________________________________________________________ Approximate Project Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 4-17-2019 B-9 281 Project 4 Name/Number Project Description ___________________________________________________________ Approximate Project Dates From: _______________ To Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 Name/Number Project Description ___________________________________________________________ Approximate Project Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). 4-17-2019 B-10 282 Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/Number Project Description ___________________________________________________________ Approximate Project Dates From: _______________ To: ____________ Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 4-17-2019 B-11 283 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. 4-17-2019 B-12 284 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 (Appendix VIII) 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 $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which Subcontractor is Licensed and Registered CSLB License Number(s) and Class(es) DIR Contractor Registration Number Address and Phone Number Type of Work (e.g., Asbestos Abatement) Percentage of Total Bid (e.g., 10%)* * The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b). 4-17-2019 B-13 285 INDUSTRIAL SAFETY RECORD FORM Bidder’s Name _______________________________________ Current Year of Record 2018 2017 2016 2015 2014 Total Number of contracts Total dollar amount of contracts (in thousands of dollars) Number of fatalities Number of lost workday cases Number of lost workday cases involving permanent transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. Signature: Title: Date: Signature: Title: Date: 4-17-2019 B-14 286 Bond No. _________ BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“Public Agency”), has issued an invitation for Bids for the Work described as follows: Metrolink South Parking Lot South Entry. WHEREAS (Name and address of Bidder) (“Principal”), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), 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. 4-17-2019 B-15 287 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. 4-17-2019 B-16 288 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. 4-17-2019 B-17 289 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. 4-17-2019 B-18 290 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__________________________ 4-17-2019 B-19 291 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: _____________________ 4-17-2019 B-20 292 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner (“Owner”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Signature Date Printed Name Company Title 4-17-2019 B-21 293 SIGNATURE Attach to this Bid 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. 4-17-2019 B-22 294 LOBBYING CERTIFICATION As required by U.S. DOT regulations, “New Restrictions on Lobbying,” at 49 CFR 20.110, I certify to the best of my knowledge and belief that for each application for federal assistance exceeding $100,000: (1) No Federal appropriated funds have been or will be paid, by or on behalf of _______________________, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress pertaining to the award of any Federal assistance, or the extension, continuation, renewal, amendment, or modification of any Federal assistance agreement; and (2) If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application to FTA for Federal assistance, I assure that Standard Form-LLL, “Disclosure Form to Report Lobbying,” would be submitted and would include all information required by the form’s instructions. I understand that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. I also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. _________________________________ Signature & Title of Authorized Official _________________ Date 4-17-2019 B-23 295 CERTIFICATE OF BUY AMERICA COMPLIANCE Certification of Buy America Compliance for Procurement of steel, iron, or manufactured products (49 U.S.C. 5323(j)(1)) The bidder hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982, as amended, and the applicable regulations in 49 CFR Part 661 Date ________________________________ Signature ____________________________ Company Name _______________________ Title ________________________________ Certification of Buy America Non-Compliance for Procurement of steel, iron, or manufactured products (40 U.S.C. 5323(j)(1)) The bidder hereby certifies that it cannot comply with the requirements of 40 U.S.C. 5323(j)(1), Section 165(a) of the Surface Transportation Assistant Act of 1982, as amended, but it may qualify for an exception to the requirement pursuant to Section 165 (b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations in 49 CFR Part 661.7. Date ________________________________ Signature ____________________________ Company Name _______________________ Title ________________________________ 4-17-2019 B-24 296 SUSPENSION AND DEBARMENT CERTIFICATION CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement, or Potential Contractor for a major third party contract), certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency,- 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction,- violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT),_______________________________________________ CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO. ___________________________________ _________________ Signature of Contractor’s Authorized Official Date _______________________________________________ Typed Name and Title of Contractor’s Authorized Official 4-17-2019 B-25 297 Construction Contract DBE Commitment DISTRIBUTION: 1. Original – Local Agency 2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: 4. Project Location: 5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount: 8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION $ 21. Local Agency Contract Number: 22. Federal-Aid Project Number: % 23. Bid Opening Date: 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required. Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 25. Local Agency Representative's Signature 26. Date 16. Preparer's Signature 17. Date 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone 29. Local Agency Representative's Title 20. Preparer's Title 4-17-2019 B-26 298 INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder’s Name - Enter the contractor’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer. 18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form. 4-17-2019 B-27 299 28. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form. 4-17-2019 B-28 300 SAMPLE AGREEMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR CONSTRUCTION OF THE METROLINK SOUTH PARKING LOT SECOND ENTRY THIS AGREEMENT, executed as of this ____ day of _____________________, 201__, 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 ; 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 , 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 , as set forth in Exhibit : Contractor’s Bid Proposal, dated , which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the “Proposal” and as set forth in Exhibit , which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit . Where said Scope of Services as set forth in Exhibit __ is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit and Exhibit . Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit . Compensation for the services to be performed by Contractor shall be in accordance 4-17-2019 C-29 301 with Exhibit . Compensation shall not exceed the rates or total value of dollars ($ ) as stated in Exhibit , without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor’s compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor’s ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be , and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit , attached hereto and incorporated 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 4-17-2019 C-30 302 submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor’s fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. CONTRACT DISINCENTIVES 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 Contract Disincentives, the sum of two hundred fifty dollars ($250.00) per day for each calendar day the work, or portion thereof, remains uncompleted after 4-17-2019 C-31 303 the above specified completion date. Contract Disincentives 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 Contract Disincentives by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have 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. 4-17-2019 C-32 304 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 neglig ent and where City active negligence accounts for only a percentage of th e liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. 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. 4-17-2019 C-33 305 No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act Federal Transit Administration (FTA) Requirements as specified in Appendix II, 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 any 4-17-2019 C-34 306 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. 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. 4-17-2019 C-35 307 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor’s failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in Contract Disincentives 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 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. 4-17-2019 C-36 308 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK _____________________________ _____________________________ Troy Brown, City Manager Title: Attest: _____________________________ Deborah Traffenstedt, Assistant City Manager/City Clerk 4-17-2019 C-37 309 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor’s policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers’ Compensation Workers’ Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers’ liability limits no less than $1,000,000 per accident for all covered losses. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on 4-17-2019 C-38 310 this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date prior to 1992. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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. 4-17-2019 C-39 311 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees 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 4-17-2019 C-40 312 written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any 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. 4-17-2019 C-41 313 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. 4-17-2019 C-42 314 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or 4-17-2019 C-43 315 improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent 4-17-2019 C-44 316 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 privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes 4-17-2019 C-45 317 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.) 4-17-2019 C-46 318 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: METROLINK SOUTH PARKING LOT SECOND ENTRY (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 4-17-2019 C-47 319 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. 4-17-2019 C-48 320 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: Playground equipment design and installation at various City parks (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 by Principal; 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 any manner affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or 4-17-2019 C-49 321 addition to 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. 4-17-2019 C-50 322 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# ________________________________ 4-17-2019 C-51 323 CHECKLIST FOR EXECUTION OF CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER: ____ Two (2) executed and notarized copies of the Contract ____ Payment Bond in amount of the Contract ____ Performance Bond in amount of the Contract ____ Workers’ Compensation Certificate ____ Liability insurance certificate in the amount of one million dollars ($1,000,000) per occurrence, naming the City as additional insured ____ General aggregate insurance certificate in the amount of two million dollars ($2,000,000), naming the City as additional insured ____ Automobile insurance certificate in the amount of one million dollars ($1,000,000), naming the City as additional interest ____ Additional insured endorsement (ongoing and completed operations) – comprehensive general liability ____ Endorsement – automobile liability ____ Additional insured endorsement – excess liability (if applicable) ____ Waiver of subrogation for general liability insurance ____ Copy of City business registration 4-17-2019 C-52 324 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 Engineer – The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them. 4-17-2019 GP-1 325 Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor. Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract. 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 4-17-2019 GP-2 326 insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract. 2-4 CONTRACT BONDS The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2. All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General In addition to the requirements under Section 2-5.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the City. Final payment will not be made until this requirement is met. Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 2-5.2 Precedence of the Contract Documents With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows: 1. Permits issued by regulatory agencies with jurisdiction. 2. Change Orders and Supplemental Agreements, whichever occurs last. 3. Contract/Agreement. 4. Addenda. 5. Notice Inviting Bids. 6. Instructions to Bidders. 4-17-2019 GP-3 327 7. Bid/Proposal. 8. General Provisions. 9. Special Provisions. 10. Plans. 11. Standard Plans. 12. Standard Specifications. 13. Reference Specifications. 2-7 SUBSURFACE DATA If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the office of the City. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations. The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, its agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work. The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 2-9 SURVEYING The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq). All Project surveying notes and “cut-sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor. 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 4-17-2019 GP-4 328 markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense. 2-10 INSPECTION The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. SECTION 3. CHANGES IN WORK The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications. 3-2 CHANGES INITIATED BY THE AGENCY The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the City, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 3-3 EXTRA WORK New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City. SECTION 4. CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP The provisions below shall supplement but not replace those provisions in Section 4-1 of the Standard Specifications. The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-1.1 Test of Materials Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and 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. 4-17-2019 GP-5 329 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 5:00 p.m., May 28, 2019, 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. 4-17-2019 GP-6 330 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. 4-17-2019 GP-7 331 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: 4-17-2019 GP-8 332 CITY ENGINEER (805) 517-6285 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. 4-17-2019 GP-9 333 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. 4-17-2019 GP-10 334 10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs. 11) Major equipment deliveries and priorities. 12) Traffic control. 13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings. 6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined in Section 6-5 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract. Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project is funded by such external funds in whole or in part, or if those external funds are terminated or reduced at any time and for any reason or for no reason at all, and the City determines at its discretion that no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Project immediately. The City shall reimburse the Contractor for its work satisfactorily completed until the termination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding from its external source. The Special Provisions may include further details in this regard. 6-6 DELAYS AND EXTENSIONS OF TIME Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time. 6-6.1 Extensions of Time In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract 4-17-2019 GP-11 335 Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-6.2 Payment for Delays Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays. Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work. This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 COMPLETION, ACCEPTANCE AND WARRANTY The Contractor shall complete all Work under the Contract within one hundred (100) 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”; and 4. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures. 4-17-2019 GP-12 336 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 CONTRACT DISINCENTIVES For the purposes of the calculation of the start of the Contract Disincentives, 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: 4-17-2019 GP-13 337 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 All 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. 4-17-2019 GP-14 338 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 4-17-2019 GP-15 339 (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 4-17-2019 GP-16 340 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. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements may be executed on the City’s standard forms titled “Additional Insured Endorsement,” copies of which are provided in the Contract Documents, or on any other form that contains substantially the same terms and is approved by the City’s Risk Manager. In any case, the endorsements must specifically name the City of Moorpark and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. 4-17-2019 GP-17 341 Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 7-3.1.5 Subcontractors The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance. 7-4 INDEMNIFICATION The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the Standard Specifications. 7-4.1 Contractor’s Duty To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees. 7-4.2 Civil Code Exception Nothing in this Section 7-4 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code 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. 4-17-2019 GP-18 342 7-4.3 Nonwaiver of Rights Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 7-4.4 Waiver of Right of Subrogation. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 7-4.5 Survival. The provisions of this Section 7-4 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 7-5 PERMITS Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-of-way, and from SCRRA and VCTC, as well as all other permits required from all other agencies. Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all cost for fees for all agencies except for the City’s permit fees. 7-7 COOPERATION AND COLLATERAL WORK The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 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 4-17-2019 GP-19 343 the City, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price. The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time. The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss. Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site. All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor. Contractor will be required to follow any additional worksite maintenance conditions placed on it by SCRRA or VCTC. 7-10 SAFETY The provisions below shall supplement but not replace those provisions in Subsection 7-10 of the Standard Specifications. 7-10.2 Haul routes Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows: The Contractor must obtain the City’s approval before using any haul routes. Further detail requirements for haul traffic are delineated in the Special Provisions. 7-10.5.3 Steel Plate Covers The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers. 4-17-2019 GP-20 344 7-15 RECYCLING OF MATERIALS Subsection 7-15 is hereby added to the Standard Specifications as follows: 7-15.1 Construction and Demolition Ordinance The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all demolition and city-sponsored projects, regardless of cost; new construction projects valued over $500,000; or renovation projects valued over $100,000 to divert a minimum of 65% of material generated during the project from disposal in a landfill (through reuse or recycling). The City has created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist applicants to meet these diversion requirements. You will be required to submit a Diversion Security Deposit of 3% of the project valuation to the City to ensure compliance with the ordinance. The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for staff time associated with processing your C&D plan will be charged. You have two options to meet this requirement. You may use 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- 6247 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. SECTION 8. FACILITIES FOR AGENCY PERSONNEL The provisions of Section 8 of the Standard Specifications shall apply except as modified herein. No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel. 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. 4-17-2019 GP-21 345 9-3 PAYMENT 9-3.1 General In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 9-3.2 Partial and Final Payment 9-3.2.1 Monthly Closure Date and Invoice Date In accordance with Section 9-3.2 of the Standard Specifications, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the City before the tenth (10th) Day of the following month for verification and payment consideration. 9-3.2.2 Payments The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper. 9-3.2.3 Retention The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of completion or cessation, but not longer then the period permitted by Public Contract Code Section 7107. 9-3.2.4 Final Invoice and Payment Whenever the Contractor shall have completely performed the Contract in the opinion of the City, the City shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the City a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City shall check the quantities included therein and shall authorize a payment amount, which in the City’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The City shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the 4-17-2019 GP-22 346 Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 9-3.2.5 Substitute Security In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control. 9-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to 4-17-2019 GP-23 347 receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor. 9-3.2.5.3 Subcontractor Entitlement to Interest If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor. 9-3.2.5.4 Securities Eligible for Investment Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. 9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 9-4 AUDIT The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 9-4 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its 4-17-2019 GP-24 348 Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions. SECTION 10. ADDITIONAL TERMS 10-1 NONDISCRIMINATORY EMPLOYMENT The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 10-2 NOTICE TO PROCEED Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK Until the final acceptance of the Work by the City as defined in Section 6-8.2 of the General Provisions, by written action of the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. 10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid. 10-5 REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. 4-17-2019 GP-25 349 10-6 SOILS ENGINEERING AND TESTING A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. 10-7 ACCESS TO PRIVATE PROPERTY Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 10-8 WORKING DAYS AND HOURS The Contractor shall do all Work between the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday. No Work will be allowed on Sunday or City holidays, which are as follows: (see Appendix III). In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the City so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that 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 4-17-2019 GP-26 350 must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Article 1.5, and must then adhere to Article 1.5. 10-10 THIRD PARTY CLAIMS The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 10-11 COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 10-12 CONTRACTOR’S REPRESENTATIONS By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 10-13 CONFLICTS OF INTEREST The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 10-14 APPLICABLE LAW The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in the Ventura County Superior Court. 10-15 TIME Time is of the essence in these Contract Documents. 4-17-2019 GP-27 351 10-16 INDEPENDENT CONTRACTOR The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 10-17 CONSTRUCTION In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. 10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 10-19 TERM The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 10-20 NOTICE Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage 4-17-2019 GP-28 352 prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other. 10-21 SEVERABILITY If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect. 4-17-2019 GP-29 353 SPECIAL PROVISIONS SECTION 700 SPECIAL CONDITIONS (Not a Bid Item) 700-1 STANDARD SPECIFICATIONS The Standard Specifications for Public Works Construction (SSPWC), dated 2015, along with the modifications thereto have been established as the Standard Specifications for the City of Moorpark. These specifications will prevail as the basic Standard Specifications for this project except as otherwise specifically noted in the Special Provisions when reference is made to the State Standard Specifications. The State Standard Specifications is that document issued by the State of California, Department of Transportation, titled Standard Specifications, 2015, referred to herein as the State Standard Specifications, or the SSS. When references have been made to the SSS, it is for the purpose of utilizing that specifications' traffic and safety provisions as indicated elsewhere herein. Where required by these Special Provisions, work shall conform to the requirements of the SSS, except that when reference is made to other sections of the City's Standard Specifications, all references to "State" shall mean the City. The SSS measurement and payment clauses are not included. 700-2 MANDATORY PRE-BID MEETING A mandatory pre-bid meeting and job walk (the “Mandatory Pre-Bid Meeting”) will be held at the project site (meet at the vacant parcel of 65 First Street, Moorpark, CA 93021) at 10:00 am on May 21, 2019. At the Mandatory Pre-Bid Meeting, Bidders will have the opportunity to ask questions regarding the local conditions, potential construction difficulties and restrictions related to the performance of the Work under the Contract. In order for a Bid to qualify for consideration in making an award, the Bidder shall have a responsible representative present for the entire duration of the Mandatory Pre-Bid Meeting. Bids received from Bidders not represented at the Mandatory Pre-Bid Meeting will be returned to the Bidder unopened. RSVP with Shaun Kroes (skroes@moorparkca.gov) at the City by May 20, 2019. 700-3 AWARD OF CONTRACT A construction contract will be awarded to the lowest responsive and responsible bidder. However, the City reserves the right to award or not to award. 4-17-2019 SP- 1 - 354 700-4 START OF CONSTRUCTION The Notice to Proceed will be issued upon awarding a construction contract and receipt of the necessary bonds and insurance certificates. The necessary bonds and insurance certificates shall be submitted to the City within ten (10) days in advance of the award of contract. Prior to issuing the Notice to Proceed, but subsequent to receiving the submittals of Subsection 701-14, a pre-construction conference will be undertaken. The date of the Notice to Proceed constitutes the start of construction, which date will be the first chargeable working date of the contract. 700-5 TIME OF COMPLETION The Contractor shall complete the work including punch list items (if applicable) within 100 Working Days from the date of the written Notice to Proceed. The issuance of the Notice to Proceed constitutes the Contractor's authority to enter upon the work site and begin operations. A no fee Encroachment Permit shall be obtained by the Contractor from the City, where applicable. 700-6 WORKING HOURS & WORKING DAYS Construction working hours shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, unless otherwise approved by the City in writing. Any overtime for construction survey, geotechnical/testing services, and inspection by City staff, outside of the 8:00 a.m. to 5:00 p.m. hours Monday through Friday, and any work on Saturdays, Sundays and Holidays, shall be paid for by the Contractor, and such costs will be deducted from the progress payments to the Contractor. The Contractor shall provide at least forty-eight hour notification for all his/her overtime work requests. The following days are recognized as holidays by the City (relative to this Project’s timeframe): 1. May 27th (Memorial Day) 2. July 4th (Independence Day) 3. July 5th (Extended Independence Day) 4. September 2nd (Labor Day) 5. November 11th (Veteran’s Day) 6. November 28th (Thanksgiving Day) 7. November 29th (Day after Thanksgiving) 8. December 24th (beginning at Noon, Christmas Eve) 9. December 25th (Christmas Day) 700-7 FAILED TESTS All retesting of failed materials, field compaction tests, and standby charges for such services will be accomplished at the Contractor's expense. The cost for all retesting and standby charges will be deducted from the progress payments to the Contractor. The Contractor shall provide at least forty-eight (48) hours notification for the need of compaction and materials testing. 700-8 EXTRA WORK MARKUP 4-17-2019 SP- 2 - 355 (a) Extra Work by Contractor. The following percentage shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits, and all other cost not specifically provided for when preparing Change Order Requests and Extra Work Reports: (1) Labor ..................................................................... 20% (2) Materials ............................................................... 15% (3) Equipment Rental.................................................. 15% (4) Other Items and Expenditures ............................... 15% To the sum of the cost and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 700-8 (a) shall be applied to the Subcontractor’s actual cost of such work. A markup of ten percent (10%) on the first five thousand dollars ($5,000) of the subcontracted portion of the extra work and a markup of five percent (5%) on work in excess of five thousand dollars ($5,000) of the subcontracted portion of the extra work may be added by the Contractor. 700-9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. 700-9.1 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from the subcontractor within thirty (30) days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 700-10 DIR COMPLIANCE AND PREVAILING WAGES This project is subject to monitoring and enforcement by DIR, including the obligations to submit certified payroll records directly to the Compliance Monitoring Unit (CMU) through the CMU’s online eCPR system at least monthly. 4-17-2019 SP- 3 - 356 Contractor is required to post a notice at the job site as required by Chapter 8, Section 16451(d) of the California Code of Regulations. The notice shall also include the logos of the City of Moorpark and the Ventura County Transportation Commission (to be provided by the City). In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. 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. 700-11 BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 700-12 MEASUREMENT AND PAYMENT No separate payment will be made for work performed or for compliance with the requirements out lined in this Section, “Special Conditions.” Full compensation for such work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. 4-17-2019 SP- 4 - 357 SECTION 701 SPECIAL CONSTRUCTION REQUIREMENTS (Not a Bid Item) 701-1 PERMITS 701-1.1 City Encroachment Permit: The Contractor is required to obtain a no-fee Encroachment Permit from the City prior to commencing any construction within the public right-of-way. 701-2 MOBILIZATION Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, supplies, and incidentals to the project sites, and for all other work operations which must be performed, or costs incurred, prior to beginning work on the various contract items on the project sites. 701-3 CONSTRUCTION SCHEDULE AND TRAFFIC CONTROL PLAN Twenty (20) days prior to the Pre-Construction Conference, the Contractor shall submit to the City for review: 1) a project Construction Schedule in accordance with the SSPWC Subsection 6-1, "Construction Schedule and Commencement of Work," 2) Traffic Control Plan addressing the requirements of Section 702, "Traffic Control, Construction Signing and Traffic Maintenance," and 3) hauling routes of asphalt concrete pavement materials. The Contractor's sequence and scheduling of construction shall provide for on-street parking within one hundred and fifty (150) feet of any residence or business, if applicable, unless otherwise authorized in writing by the City. Any revisions to the originally approved Construction Schedule must be approved by the City Engineer/Public Works Director, in writing, at least three (3) working days prior to any construction. 701-4 NOTICE TO AREA PROPERTY OWNER/BUSINESS OWNERS/RESIDENTS AND PARKING LOT USERS In residential and business areas, the Contractor shall give written notice to all adjacent residents and businesses as applicable at least four work days prior to restricting driveway access or starting any work. The written Notice shall be approved by the City 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. Special consideration shall be given to multi-family complexes and other high density uses 4-17-2019 SP- 5 - 358 and businesses. Provisions shall be made for the urgent needs of property owners/business owners/residents for medical, fire, and police services. 701-5 CONSTRUCTION SURVEYING The Contractor shall provide all necessary construction surveying in accordance with the SSPWC Section 2-9, “Surveying”. The Contractor shall bear all costs for restaking or remparking. The Contractor shall provide at least forty-eight (48) hours notification for the need of survey services. The locations and limits of removal and construction of miscellaneous concrete and asphalt concrete facilities will be staked or marked by the Contractor and verified by the Engineer in the field. 701-6 COORDINATION OF WORK The Contractor shall coordinate the work with all respective utility companies for any related relocations and/or construction work. The Contractor shall also coordinate the work with The U.S. Post Office at (805) 552-0340, The Moorpark Unified School District at (805) 378-6300, the Ventura County Fire Department at (805) 389-9710, and Waste Management at (805) 522-9400, if work operations are likely to limit site access by these companies to the work locations. The Contractor shall make every effort to eliminate or minimize any impacts on U.S. Post Office, Ventura County Fire Department, and school traffic. 701-7 REMOVAL OF MATERIALS All materials which are to be disposed of, including but not limited to, saw-cut concrete and asphalt concrete pavement, miscellaneous concrete, and excess excavated earth and base material and other extraneous materials and debris, shall be removed immediately from the construction site. No overnight storage of materials or debris will be allowed in the parking lots or surrounding areas. All surplus and extraneous materials and debris shall be disposed of by the Contractor at an approved landfill or disposal site at the Contractor's expense, in accordance with the City’s Construction and Demolition Ordinance as outlined in 701-9. 701-8 EQUIPMENT AND MATERIALS STORAGE The Contractor shall arrange and maintain a secure storage site(s) for all equipment and materials. All equipment and unused materials shall be returned to this site(s) at the end of each work day. The Contractor shall submit a route plan for the delivery of materials to both the job and storage sites at least three (3) Working Days before commencing work. 701-9 CONSTRUCTION AND DEMOLITION ORDINANCE Refer to Section 7-15.1 of General Provisions. 4-17-2019 SP- 6 - 359 701-10 PROTECTION OF EXISTING IMPROVEMENTS During construction of the proposed improvements, extreme care shall be exercised to protect existing public and private property improvements, such as concrete and block walls, hardscape, fences, walks, brick planters, curbs, valves, asphalt, irrigation lines, landscaping, garden lights, utility meters, drainage structures, posts, signs, 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. 701-11 DUST AND NOISE CONTROL The Contractor shall provide the means to prevent dust, grit, excessive noise and other waste products from becoming a nuisance in and around the working areas. The Contractor shall take such steps, with the approval of the City, to reduce or eliminate such nuisance. The Contractor is required to control dust during the entire contract period, including holidays and weekends. The Contractor shall comply with Ventura County Air Pollution Control Board Rule 55, Fugitive Dust (See Appendix V) If the Contractor fails to control dust in accordance with these contract specifications, the City reserves the right to hire another contractor or agency to perform such work on a "force account" basis. The total cost for performing this work will be deducted from the total price of this Contract. 701-12 SURVEY MONUMENT TIES ADJUSTMENTS The Contractor shall locate, protect and save any and all survey monuments and ties that will be, or may be damaged or destroyed by the Contractor's operation. All existing nails and markers within the limits of sidewalks, curbs, curb/gutters, curb ramps and streets, if applicable, shall be tied down by the City's Contract Surveyor prior to such removals for subsequent adjustment and/or installation. Where a survey monument and/or property corner tie will be removed due to this construction, the Contractor shall save the monuments, markers, and appurtenances. The reinstallation of the actual monuments and/or property corners will be accomplished by the City's Contract Surveyor. A forty- eight (48) hour notification to the City is required before removal of a survey monument tie. 701-13 MAINTENANCE OF EXISTING DRAINAGE SYSTEM 4-17-2019 SP- 7 - 360 The Contractor shall maintain the existing drainage system within the streets and City parking lot during the entire duration of the construction. This item shall include erosion control where applicable. 701-14 SUBMITTALS SSPWC Subsection 2-5.3, “Submittals,” is hereby supplemented as follows: Submittals (as applicable) shall consist of items detailed on Plan Sheet CE-1 under “Required Submittals from Contractor”. Cut sheets for materials to be installed such as replacement utility covers shall also be provided for approval. Tests will largely be performed in accordance with the City’s adopted Quality Assurance Program “QAP”. The City will undertake plant inspections and testing of special items such as asphalt concrete and aggregate base. Three weeks prior to the use of any material, the Contractor shall provide written certifications, shop drawings, and mix designs of all materials to be incorporated in the work. The Contractor shall not deliver any or use such materials prior to the approval of the City in writing. 701-15 PROGRESS PAYMENTS The Contractor or its designated representative shall sign a monthly quantity payment sheet of completed work in order to expeditiously process monthly progress payments. 701-16 WATER FOR CONSTRUCTION Water for construction purposes as required by these specifications may be obtained from Ventura County Water Works District No. 1, (805) 378-3000. The Contractor shall make all arrangements to obtain and transport the water, and shall, at his/her own expense, furnish and install all necessary metering, piping, and fittings. All costs associated with water for construction shall be borne by the Contractor. 701-17 MEASUREMENT AND PAYMENT No separate payment will be made for any other work or other features as required and outlined in this Section, "Special Construction Requirements." Full compensation for such work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. SSPWC Subsection 9-2 is hereby modified as follows: The Schedule of Values provided by the Contractor identifying the breakdown of lump sum items shall be used to determine change order costs (additions or deletions) of similar work. The breakdown shall separate out the labor and material costs as well as identify overall unit prices for work items that are combined within the lump sum price. 4-17-2019 SP- 8 - 361 APPENDIX I – TECHNICAL SPECIFICATIONS SECTION 702 TRAFFIC CONTROL, CONSTRUCTION SIGNAGE AND TRAFFIC MAINTENANCE (Bid Item No. 1) 702-1 DESCRIPTION Traffic control, construction signing and traffic maintenance shall consist of all traffic control involved in the Contractor's operations as required by these Specifications. Traffic control shall be in accordance with the most recent revision of the Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones" and “Standard Plans” and the SSS Subsections 7- 1.08, "Public Convenience," 7-1.09, "Public Safety," and Section 12, "Construction Area Traffic Control Devices." Nothing in these Specifications shall be construed as relieving the Contractor from his/her responsibility as provided in the SSS Subsection 7-1.09. All measurement and payment clauses of the SSS are hereby deleted and modified herein. 702-2 CONSTRUCTION - TRAFFIC CONTROL DEVICES Construction signing shall consist of furnishing, installing, maintaining and removing construction signs, barricades, and arrow boards, as necessary to ensure safe travel of the public through the worksite, if applicable. The traffic control system shall be installed prior to starting work at each affected location and shall not be removed until all work has been completed. The Contractor shall post and maintain all necessary construction signs and flaggers. The Contractor, where directed and as approved by the City, shall furnish and place temporary "No Parking" signs, 12 inches x 18 inches minimum size, along the affected streets, at a spacing not exceeding fifty (50) feet and in the affected parking lots. The signs shall be placed two working days in advance of any work. The signs shall include the day and the time during which parking will not be permitted. These signs shall be posted on laths only. Trees, utility posts, etc., shall not be used. The Contractor shall remove these signs immediately when they are no longer needed. The Contractor shall furnish, erect, maintain and remove when no longer necessary traffic control devices including fences and barriers, when and where it may be necessary to do so, in order to give adequate warning to the public of conditions resulting from the Contractor's operations and to guide traffic through or around the construction area. If the Contractor's operations interfere with existing traffic, and regulatory measures and traffic control devices are not adequate to safely control traffic, or if the nature of the work requires additional control, the Contractor shall provide experienced flaggers to perform the function of traffic control. While on duty, flaggers shall be properly attired and equipped. If in the opinion of the City Engineer, the Contractor fails to adequately control the flow of traffic, the City Police will be engaged to safely direct the vehicular traffic. Such added cost will be at the expense of the Contractor. In addition, if an intersection is blocked causing unnecessary congestion, the Contractor may be 4-17-2019 APPENDIX I -1 - 362 liable for a fine of one thousand dollars ($1,000) for each incident. The Contractor shall place and maintain barricades at each end of and along an excavation, obstruction, or other restrictive condition and at distances of not more than fifty (50) feet apart along the length thereof. In addition, flashers or other approved warning devices shall be placed at the same intervals/locations as the barricades and shall be illuminated from sunset each day until sunrise of the following day. 702-3 TRAFFIC MAINTENANCE The Contractor shall cooperate with the City relative to handling traffic through all work areas, and shall make his/her own arrangements relative to keeping the working area clear of parked vehicles, and in maintaining clear and continuous access to adjacent properties. The Contractor shall provide for controlled pedestrian crossings through the work area. Crossings shall provide pedestrians the means of passing over or through the work without tracking either tack coat or hot asphalt concrete, or endangering pedestrian safety. Throughout the life of the project, safe, unobstructed and adequate pedestrian and vehicular access shall be continuously provided and maintained to fire hydrants, bus stops, and all affected property, unless otherwise approved in advance on a specific location basis by the City. Care must be taken to comply with access requirements, for those access points that serve as the sole access to one or more properties. Where non-motorized (pedestrian or bicycle) facilities exist, they shall be maintained in passable condition or other facilities shall be provided. In areas of high volume non-motorized traffic, the Contractor shall provide for controlled pedestrian crossings through the work or schedule work to avoid peak non-motorized volumes. Crossings shall provide for the existing non-motorized volumes. The crossings shall provide a means of passing over or through the work without tracking construction materials such as tack coat or hot asphalt concrete. The Contractor's equipment, and personal vehicles of the Contractor's employees, shall not be parked on the traveled way nor on any section where traffic is restricted at any time. When material excavated for substructure construction is placed adjacent to the trench or excavation, it shall be placed in such manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times. The Contractor shall cooperate with the City in locating all traffic control devices required. If the Contractor fails to promptly provide traffic control devices as required under this Section, the City may, at its option, so provide them at the Contractor's expense. The Contractor shall pay to the City, or the City may deduct, the cost of such work from any moneys due the Contractor from the City. 4-17-2019 APPENDIX I -2 - 363 702-4 PUBLIC RELATIONS, CONSTRUCTION PHASING, AND ACCESS Project construction shall be phased to facilitate safe and efficient traffic flow, and to maintain public relations and minimize the inconvenience to the public. Existing access in and out of the Metrolink South Parking Lot shall be maintained as much as feasible. Efforts shall be made by the Contractor to ensure minimal disruption to parking lot accessibility and that ample parking remains available at most times. At the end of each work week, efforts shall be made to minimize the areas that are closed to the public due to construction activities. 702-5 ACCESS TO METROLINK FACILITIES Access to the Metrolink platform must be considered and respected at all times. The platform is heavily utilized in the mornings and afternoons during the week by commuters. 702-6 MEASUREMENT AND PAYMENT Measurement and payment for traffic control, construction signage, and traffic control maintenance, including special traffic advisory signs shall be made at the contract lump sum price, complete in place, as shown in the Bid Schedule. The above price and payment shall be considered as full compensation for furnishing all labor, materials, equipment, tools, transportation and incidentals, and for doing all the work involved and necessary for traffic control, construction signing and traffic control maintenance, complete in place, including preparation of traffic control plans, notices, signs, barricades, delineators, sign relocations and maintenance, flaggers, and auxiliary police services, as specified in the SSPWC and these Special Provisions, and as directed by the City. 4-17-2019 APPENDIX I -3 - 364 SECTION 703 STORMWATER POLLUTION CONTROL (Bid Item No. 2) 703-1 DESCRIPTION The Contractor shall take all necessary steps during the project construction period to prevent or reduce discharge of pollutants from the work sites to the City storm drain system utilizing the following prevention measures: • Maintain clean work sites through good housekeeping measures and regular clean-up and disposal of all debris, storage materials, saw-cut slurry, waste, etc. • Eliminate discharge of sanitary water/septic waste to storm drain system by providing convenient and well maintained facilities, and regular service and disposal. • Manage and operate construction vehicles and equipment in a manner to prevent leaks, spills, and waste. • Prevent and control the discharge of: Soil Sediments Concrete and mortar waste Asphalt and bituminous materials Chemicals from treated wood products Paints, solvents, adhesives, and cleaning solutions Soil, trimmings, and garden chemicals Construction water from collecting and transporting pollutants Saw-cut slurry materials • Prevent pollution of the storm drain system during import, export, stockpiling, and spreading or grading of earthwork materials. • For more detailed information and specifications for stormwater pollution control at construction sites, refer to document entitled, "Erosion and Sediment Control Plan/Local SWPPP” as detailed in Drawing No.’s SW-1 through SW -4 of the Plans (Appendix VIII). Prior to completion of the project, Contractor shall provide the City with a Post Construction Best Management Practices Maintenance Plan (Maintenance Plan). The Maintenance Plan should, in general, meet the criteria established in Section 7 of the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures, Manual Update 2011, dated July 13, 2011, or as updated. 4-17-2019 APPENDIX I -4 - 365 703-2 MEASUREMENT AND PAYMENT Measurement and payment for Stormwater Pollution Control will be paid for at the contract lump sum price bid as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, materials, equipment, tools, transportation and incidentals, and for doing all the work involved and necessary to accomplish the prevention and control of pollutant discharge to stormwater, including good housekeeping practices, containment of waste, control of construction site perimeter, vehicle and equipment management, management of concrete and mortar products, management of asphalt and bituminous products, stockpiles, paint, solvents, solutions, dust control, and the preparation of the SWPCP, complete, as specified in these Special Provisions, the Plans (Appendix VIII), and as required by the federal NPDES for Stormwater Pollution Control Program, and as directed by the City. 4-17-2019 APPENDIX I -5 - 366 SECTION 704 DEMOLITION, CLEARING AND GRUBBING (Bid Item No. 3) 704-1 GENERAL This section includes demolition and removal of existing hardscape including existing asphalt concrete pavement, curb, chain link fence, concrete fence posts, sidewalk, tire stops, parking lot lights, electrical meter system components, and parking signs, as well as clearing, grubbing and stripping of existing 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 planted median, parkways and 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 (not a part of this project). Save and protect plant materials (trees, shrubbery, and plants) beyond the limits of clearing and grubbing from damage resulting from the work. No filling, excavating, trenching or stockpiling of materials will be permitted within the drip line of the protected plant materials. No equipment shall be operated within the drip line of the protected plant materials. Install high visibility orange snow fence around the area of landscaping that is to remain protected to prevent inadvertent damage during the work. 704-3 DEFINITIONS Clearing: Remove and dispose of trees, snags, stumps, shrubs, brush, limbs and other vegetative growth. Remove all evidence of the preexisting site condition from the surface including sticks and branches greater than 1 inch in diameter. Remove of trash piles and rubbish. Grubbing: After clearing, remove and dispose of wood or root matter, including root systems greater than 1 inch in diameter. Grubbing shall extend to a depth of 12 inches below the ground surface. Stripping: Remove and dispose of all sod, grass and grass roots and other objectionable material remaining after clearing and grubbing activities. 4-17-2019 APPENDIX I -6 - 367 704-4 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 MEASUREMENT AND PAYMENT Measurement and payment for clearing and grubbing, complete in place, will be made at the contract lump sum as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved and necessary for removal of trees, shrubbery, and miscellaneous vegetation, demolition and removal of existing hardscape including existing asphalt concrete pavement, curb, chain link fence, concrete fence posts, sidewalk, tire stops, electrical meter components, and parking 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 (Appendix VIII), as specified in the SSPWC and these Special Provisions, and as directed by the Engineer. 4-17-2019 APPENDIX I -7 - 368 SECTION 705 CONCRETE BLOCK WALL (Bid Item No. 4) 705-1 GENERAL Contractor shall install a six (6) foot block garden wall with Alternate Footing ‘B’ per Plan Sheet CE-11 and as further detailed in the Plans (Appendix VIII). Materials shall be as specified in the Plans (Appendix VIII). 705-2 MEASUREMENT AND PAYMENT Payment for the block wall improvements shall be paid for on a lump sum basis as shown in the Bid Schedule. The lump sum or unit price shall include all costs associated with the work including, but not limited to, installation of footing, reinforcing steel, grout, concrete, concrete blocks as shown on the Plans (Appendix VIII). 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 and Plans (Appendix VIII). 4-17-2019 APPENDIX I -8 - 369 SECTION 706 ASPHALT TACK COAT (Not a Bid Item) 706-1 DESCRIPTION Work to be performed under this Section covers all labor, materials, tools, equipment and incidentals necessary to furnish and apply, complete in place tack coat in conjunction with the asphalt concrete overlay and other asphalt paving work. All such work shall conform to the applicable provisions of the Standard Specifications, and these Special Provisions. 706-2 MATERIALS The tack coat shall be asphalt grade PG 64-10. 706-3 APPLICATION The tack coat shall be applied as specified in Subsection 302-5.4 of the 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 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, 4-17-2019 APPENDIX I -9 - 370 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. 706-4 MEASUREMENT AND PAYMENT No separate payment will be made for work or other features as required and outlined in this Section, "Asphalt Tack Coat." Full compensation for such work and features shall be considered included in the price bid for " Asphalt Concrete" and no additional compensation will be allowed therefore. Such payment shall be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. 4-17-2019 APPENDIX I -10 - 371 SECTION 707 ASPHALT CONCRETE (Bid Item Nos. 5) 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 Asphalt Concrete consisting of placing asphalt concrete and base to the specified depth, as well as advanced speed humps. 707-2 MATERIALS Rubberized asphalt concrete material for the top lift shall be ARHM-CG-C or equivalent. The asphalt cement used to conform to PG 64-16 for performance grade+ rubber. An example mix design is #57199 from Vulcan Materials Company. Plant inspection: Special “Plant Inspector” during the processing process shall be incorporated into the contractor’s quality control program and all cost associated to be paid for by the Contractor. Thickness as follows: Finish Course C2-PG-64-10 Base Course (If more than 1 layer) B-PG-64-10 Overlay C2-PG-64-10 Before paving a paint binder (tack coat) of asphaltic emulsion shall be applied to all existing vertical surfaces against which paving is to be placed and between pavement courses constructed more than 24 hours apart. 707-2.1 CRUSHED AGGREGATE BASE Base material shall be crushed aggregate base in conformance with 200-2.2 of the standard specifications. The rock shall have a sand equivalent value not less than 75. 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. 707-3 CONSTRUCTION Sawcutting of existing pavement shall be per Section 704-4. Prior to placing aggregate base or asphalt concrete, all irrigation sleeves and electrical/communication conduits shall be installed and backfilled in the locations shown on the Plans (Appendix VIII). Keep debris out of the pipe at all times. Installation of the pipe shall be per the manufacturer’s recommendations. 4-17-2019 APPENDIX I -11 - 372 Asphalt concrete shall be constructed as specified in Section 302-5 of the Standard Specifications. 707-4 DISTRIBUTION AND SPREADING Placement of asphalt concrete shall be in conformance with Subsection 302-5.5 of the Standard Specifications and these Special Provisions. 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 City 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 PCC, 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. 707-5 ROLLING Rolling of asphalt concrete shall be in conformance with Subsection 302-5.6 of the Standard Specifications and these Special Provisions. An extra breakdown roller shall be on site at all times, free of defects. Breakdown rolling shall commence when the asphalt concrete is placed. Rolling shall be accomplished with the drive wheel forward and with the advance and return passes in the same line. 707-6 MEASUREMENT AND PAYMENT Measurement and payment for pavement surface preparation shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved in removals, subgrade preparation and constructing asphalt concrete pavement as specified in the 4-17-2019 APPENDIX I -12 - 373 approved Plans, Standard Specifications, and these Special Provisions. 4-17-2019 APPENDIX I -13 - 374 SECTION 708 PORTLAND CEMENT CONCRETE IMPROVEMENTS (Bid Item No. 6) 708-1 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 curb, curb and gutter, local depressions, sidewalks, curb cuts, reinforcing steel, parking sign posts, and other facilities shown on the Plans (Appendix VIII) shall be constructed at the locations indicated on the Plans (Appendix VIII) or as directed by the Engineer. 708-2 BASE PREPARATION Existing subgrade shall be compacted to 95% relative compaction and trimmed to the dimensions shown on the Plans (Appendix VIII). 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. 708-3 MATERIALS Concrete shall conform to Section 201 of the Standard Specifications and shall be Class 560-A- 3250 if no other Class is specified on the Plans (Appendix VIII). Where required, epoxy shall be Simpson Set-XP or approved equivalent. Reinforcing bar shall be of the dimension shown on the Plans (Appendix VIII), ASTM A615 Grade 60. Submit bending list, placement drawings, and mill test certification for Engineer’s approval prior to placement. 708-4 CONSTRUCTION Construction shall conform to Section 303 of the Standard Specifications and the Plans (Appendix VIII). 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 concrete is placed and cured, roadway subgrade shall be compacted to 95% relative compaction and the void filled with asphalt concrete per Section 707. 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 4-17-2019 APPENDIX I -14 - 375 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 driveway shall have a broom finish along with other horizontal path of travel surfaces. All other 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. 708-5 MEASUREMENT AND PAYMENT Payment for the various types of concrete improvements shall be paid for on a lump sum basis as shown in the Bid Schedule. The unit cost of each item shall include all costs associated with the work including, but not limited to, forming, placing and finishing concrete including the curb, curb and gutter, local depressions, sidewalks, curb cuts, reinforcing steel, parking sign posts, and other facilities shown on the Plans (Appendix VIII) 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, these Special Provisions, and approved Plans (Appendix VIII). 4-17-2019 APPENDIX I -15 - 376 SECTION 709 TRAFFIC SIGNING AND PAVEMENT DELINEATION (Bid Item No. 7) 709-1 GENERAL Traffic signing and pavement delineation shall consist of the restoration of the existing and new traffic striping, pavement markings, reflective and non-reflective raised pavement markers (including blue hydrant markers), providing traffic signs, and temporary lane line delineation. The Contractor shall locate and reference any existing pavement striping and marking prior to starting any work at any location. The pavement shall be delineated as specified in these Special Provisions, and as directed by the City. The traffic signs, traffic paint, raised pavement markers, reflective materials, the application of new thermoplastic striping, and pavement markings, the installation of new raised pavement markers, and the removal of existing signs, striping, pavement markings and raised pavement markers shall conform to the provisions in the SSS Sections: 82, "Signs and Markers"; 84, " Markings"; and 81-3, "Pavement Markers"; in addition to the Standard Plans, and these Special Provisions. The SSS Measurement and Payment clauses are hereby deleted. 709-2 REFLECTIVE AND NON-REFLECTIVE RAISED PAVEMENT MARKERS Raised pavement markers shall be supplied and be placed in accordance with the SSS Section 81-3 and these Special Provisions, where applicable. Pavement markers shall be the same type and color as existing, and the work shall be in conformance with the SSS Subsection 81-3.03. A materials certificate of compliance will be required prior to the placement of any markers. Placement of the markers shall be in conformance with the provisions of the SSS Subsection 81-3.03A. Pavement markers shall be in place no sooner than fourteen (14) days after the surface course of pavement has been opened for use. 709-3 PAVEMENT DELINEATION Replacement striping, pavement legends and symbols shall be painted and raised markers the same as existing. Striping, pavement legends and symbols shall not be placed until spotted and the spotting is approved by City. All striping and markings shall be completed within fourteen (14) days of completing the paving or slurry seal. Striping details, pavement legends and symbols shall conform to those in Caltrans Standard Plans, current edition. Pavement legends and symbols shall be white, unless noted otherwise. All conflicting existing striping and pavement markers, which will not be covered by new construction shall be removed by wet sandblasting. Painted lines and markings shall be removed by wet sandblasting. In areas adjacent to the pavement overlay where existing striping must be revised to conform to a revised striping pattern on the overlay, conflicting striping shall be removed by wet sandblasting. 4-17-2019 APPENDIX I -16 - 377 709-4 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. Sign posts shall be 2-3/8 inch O.D., SCH. 40, galvanized steel pipe, except free-standing Type K markers may use wide flange metal posts. Sign installation hardware shall be vandal resistant. Wood posts and wide flange metal posts are not acceptable. In dirt areas, sign posts shall be embedded 24-inches into an 8-inch diameter by 24-inch deep PCC foundation. In existing pavement areas, sign posts shall be driven 24-inches through a core-drilled hole and then grouted in place. In new pavement areas (paved medians and sidewalks), sign posts shall be driven 24-inches through a 6-inch diameter pavement sleeve and then grouted in place. Prior to installation, the Contractor shall verify with the City the precise locations of all traffic signs. Traffic signs to be relocated shall be removed and re-set on the existing posts/sleeves or better. It shall be the Contractor’s responsibility to protect the signs and posts/sleeves during relocation for their re-use. Signs and posts/sleeves damaged during relocation shall be replaced at the Contractor’s expense, in accordance with these Special Provisions. 709-5 TEMPORARY MARKINGS Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in the SSS Section 12-3.01, "General," and these Special Provisions. Nothing herein shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls, or as relieving the Contractor from his/her responsibility as provided in the SSS Section 7-1.04, "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). 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. 4-17-2019 APPENDIX I -17 - 378 Temporary reflective pavement markers shall be applied in accordance with the manufacturer's recommendations. Butyl adhesive pads shall be used to apply temporary reflective pavement markers to the top layer of permanent surfacing or existing surfacing. Temporary pavement delineation shall be maintained until replaced with the planned permanent pavement striping. Full compensation for furnishing, placing, maintaining, and replacing (regardless of the number of times it is required) temporary pavement delineation, and for removal and disposal of the temporary reflective pavement markers shall be considered as included in the contract prices bid paid for the various items of work and no separate payment shall be made therefore. Full compensation for removing and disposing of existing or temporary pavement markers shall be considered as included in the contract unit price bid for traffic signing and pavement delineation and no separate payment shall be made therefore. 709-6 PAINT PAVEMENT MARKING MATERIAL Paint shall be applied at a rate of 16 to 18 gallons per mile of solid 4-inch wide stripe (one gallon for every 98 square feet). The dry paint film thickness shall be eight to ten mils. Two (2) coats of paint shall be applied with adequate drying time between applications. Glass beads shall conform to the requirements of State Specification 8010-22. All work to be completed and in place in accordance with project specifications, permits, and as directed by the City. 709-7 MEASUREMENT AND PAYMENT Measurement and payment for traffic signing and pavement delineation and for associated work shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, 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, these Special Provisions and Plans (Appendix VIII). Damage of any signs, posts or post sleeves as a result of the construction operations, shall be considered as included in the contract unit lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. 4-17-2019 APPENDIX I -18 - 379 SECTION 710 LANDSCAPING AND IRRIGATION (Bid Item No. 8) 710-1 GENERAL Landscaping work shall consist of all items shown on the landscaping plan sheets, (with the exception of the “Mainline and P.O.C. Note” which shall be a separate bid line, including, but not limited to, irrigation, planting, planting media, and the bio-infiltration planter. Materials shall be as specified in the landscaping plan sheets and bio-infiltration planter details. 710-2 MEASUREMENT AND PAYMENT Payment for the landscaping improvements shall be paid for on a lump sum basis as shown in the Bid Schedule. The lump sum or unit price shall include all costs associated with the work including, but not limited to, installation of all irrigation items, planting, soil analysis, and planting media as shown on the Plans (Appendix VIII). 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 and Plans (Appendix VIII). 4-17-2019 APPENDIX I -19 - 380 SECTION 711 MAINLINE AND P.O.C. NOTE (Bid Item No. 9) 711-1 GENERAL As included in Drawing No. L-1.1 of the Plans (Appendix VIII), Contractor shall, connect the new mainline to the existing system P.O.C. location approximately 600 feet east-south side of access road. Contractor to extend controller wires to connect to new valves and coordinate with City for connection. Contractor to field verify P.O.C. location. Refer to P.O.C. enlargement note on Drawing No. L-1.1 of the Plans (Appendix VIII). 711-2 MEASUREMENT AND PAYMENT New mainline to existing system location shall be made at the contract unit price per linearl foot, complete in place, as shown in the Bid Schedule. Actual P.O.C. may be less than 600 feet. Unit price shall reflect and consider this range. Payment will be made at the unit price bid on the basis of actual linear feet, in accordance with the Plans (Appendix VIII) and these Special Provisions. Such payment shall be considered full compensation for providing all labor, materials, and equipment and performing all work related to connecting the new mainline to the existing system P.O.C. in accordance with the Standard Specifications and these Special Provisions and Plans (Appendix VIII). 4-17-2019 APPENDIX I -20 - 381 SECTION 712 LIGHTING (Bid Item No. 10) 712-1 GENERAL Contractor shall procure and install lighting bollards as specified in Construction Note 25 and Sheet CE-11 in the Plans (Appendix VIII) . Materials shall be as specified in the Plan sheets and includes connection to existing City electrical line located in existing landscaping are located north of the proposed driveway. 712-2 MEASUREMENT AND PAYMENT Payment for the lighting improvements shall be paid for on a lump sum basis as shown in the Bid Schedule. The lump sum price shall include all costs associated with the work including, but not limited to, installation of all wiring and lighting as shown on the Plans (Appendix VIII). 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, Special Provisions and Plans (Appendix VIII). 4-17-2019 APPENDIX I -21 - 382 SECTION 713 RELEASE ON CONTRACT (Bid Item No. 12) 713-1 GENERAL Prior to receiving final payment, the Contractor shall execute a "Release on Contract" form (included in Appendix VII of these Specifications) which shall operate as, and shall be a release to the City, the City Council, and each member of the City Council and their agents, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in the SSPWC Subsection 9-3, "Payment," and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. 713-2 PAYMENT A payment of $1.00 will be made to the Contractor for executing this document. 4-17-2019 APPENDIX I -22 - 383 APPENDIX II FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS 1. FEDERAL CHANGES The Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the grant agreements between the Ventura County Transportation Commission (VCTC/COMMISSION) and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. Failure by the Contractor to so comply shall constitute a material breach of this Agreement. In the event any such changes significantly affect the cost or the schedule to perform the work, the Contractor shall be entitled to submit a claim for an equitable adjustment under the applicable provisions of this Agreement. 2. NO GOVERNMENT OBLIGATIONS TO THIRD PARTIES The City of Moorpark (City) and the Contractor acknowledge and agree that, notwithstanding any occurrence by the Federal Government in or approval of this solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to City, the Contractor, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement. The Contractor agrees to include the above clause in each subcontract financed in whole or part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 3. INTEREST OF EMPLOYEES No member officer or employee of City, during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in the Agreement or the proceeds thereof. To each party’s knowledge, no City Council member, officer or employee of City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than City, and if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1 120) of Division 4 of Title 1 of the Government Code of the State of California. 4. INTEREST OF MEMBERS OF CONGRESS No member of or delegate of the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. APPENDIX II-1- 4-17-19 384 5. DISADVANTAGED BUSINESS PARTICIPATION In connection with the performance of this Agreement, the Contractor shall cooperate with COMMISSION in meeting COMMISSION’s commitments and goals with regard to the maximum utilization of Disadvantaged Business Enterprises (DBE) and will use its best efforts to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work under this Agreement. Contractor shall submit with proposal certification of the actual percentage of DBE utilization for this project. A DBE is a business owned and controlled by one or more socially and economically disadvantaged individuals. For the purpose of definition, DBE means an enterprise with control by an individual or individuals who is/are Female, Black American, African American, Asian Pacific American, Asian Indian American or Native American, and other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act, as further described in Urban Mass Transportation Administration Circular C4716.1A. Owned and controlled means a business which is: (1) A sole proprietorship legitimately owned by a socially and economically disadvantaged individual; (2) A partnership or joint venture controlled by socially and economically disadvantaged individuals, and in which at least fifty-one percent (51%) of the beneficial ownership interests legitimately are held by socially and economically disadvantaged individuals; or (3) A corporate or other entity controlled by socially and economically disadvantaged individuals, in which at least fifty-one percent (51%) of the voting interests legitimately are held by socially and economically disadvantaged individuals. The VCTC has established a DBE Program pursuant to 49 Code of Federal Regulations (CFR) Part 26, which applies to this Agreement. The requirements and procedures of VCTC’s DBE Program are hereby incorporated by reference into this Agreement. Failure by any party to this Agreement to carry out VCTC’s DBE Program procedures and requirements or applicable requirements of 49 CFR Part 26 shall be considered a material breach of this Agreement, and may be grounds for termination of this Agreement, or such other appropriate administrative remedy. Each party to this Agreement shall ensure that compliance with VCTC’s DBE Program shall be included in any and all sub-agreements entered into which arise out of or are related to this Agreement. Contractor’s failure to make good faith efforts to comply with VCTC’s DBE Program shall be considered a material breach of this Agreement and may give rise to certain administrative penalties and proceedings, including, but not limited to, those set forth in 49 CFR Part 26.107. No later than thirty (30) working days after receiving payment of retention from City for work satisfactorily performed by any of its subcontractors for services rendered arising out of or related to this Agreement, Contractor shall make full payment to its subcontractors of all compensation due and owing under the relevant subcontract agreement, unless excused by City for good cause pursuant to provisions of Section 5.1 below. No later than thirty (30) days after receiving payment of retention from City for work satisfactorily performed by any of its subcontractors for services rendered arising out of or related to this Agreement, Contractor shall also make full payment to its subcontractors of all retentions withheld by it pursuant to the relevant subcontract agreement, unless excused APPENDIX II-2- 4-17-2019 385 by City for good cause pursuant to provisions of Section 5.1 below. There shall be no substitution of any DBE subcontractors subsequent to award of this Agreement without the written approval of the City’s DBE Officer. 5.1 Good Cause Contractor may only delay or postpone any payment obligation (or retention) to any of its subcontractors for services rendered arising out of or related to this Agreement where, in City’s sole estimation, good cause exists for such a delay or postponement. All such determinations on City’s part that good cause exists for the delay or postponement of Contractor’s payment obligation to its subcontractor must be made prior to the time when payment to the subcontractor would have been otherwise due by Contractor. 6. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”), and subcontractors agree as follows: A. COMPLIANCE WITH REGULATIONS: The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (DOT) Title 49, CFR Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. NONDISCRIMINATION: In accordance with Title VI of the Civil Rights act, as amended, 42 United States Code (USC) 200d section 303 of the Age Discrimination Act of 1975, as amended, 42 USC 6102, section 202 of the ADA of 1990, 42 USC 12132, and Federal Transit laws at 49 USC 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. C. EQUAL EMPLOYMENT OPPORTUNITY: The following equal employment opportunity requirements apply to this Agreement: 1. Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of the United States Department of Labor (USDOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246 Relating to Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246 Relating to Equal Employment Opportunity,” 42 USC 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the project for which this Agreement work is being performed. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated APPENDIX II-3- 4-17-2019 386 during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment of recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. 2. Age – In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC 623 and Federal Transit laws at 49 USC 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reasons of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Disabilities – In accordance with Section 102 of the ADA of 1990, as amended, 42 USC 12112, the Contractor agrees that it will comply with the requirements of United States Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Immigration and Naturalization Act of 1986 – In connection with the execution of this Agreement, the Contractor must comply with all aspects of the Federal Immigration and Naturalization Act of 1986. D. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. E. INFORMATION AND REPORTS: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by City or the FTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to City or the FTA as appropriate, and shall set forth what efforts it has made to obtain the information. F. SANCTIONS FOR NONCOMPLIANCE: In the event of the Contractor’s noncompliance with nondiscrimination provisions of this Agreement, City shall impose contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the Agreement until the Contractor complies; and/or 2. Cancellation, termination, or suspension of the Agreement, in whole or in part. APPENDIX II-4- 4-17-2019 387 G. INCORPORATION OF PROVISIONS: The Contractor shall take such action with respect to any subcontract or procurement as City or the FTA may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request City, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. H. SUBCONTRACTS: The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. BUY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 USC 5323C(j) and 49 CFR Part 661, which provided that Federal Funds may not be obligated unless steel, iron, and manufactured products in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the project is subject to a general waiver listed in 49 CFR 661.7. 8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT A. OVERTIME REQUIREMENTS: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. B. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES: In the event of any violation of the clause set forth in paragraph (A) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including security guards, and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of ten dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES: The City shall upon its own action or upon written request of an authorized representative of the USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) of this section. APPENDIX II-5- 4-17-2019 388 D. SUBCONTRACTS: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. E. PAYROLLS AND BASIC RECORDS: 1. The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 USC section 333, and applicable DOL regulations, “Safety and Health Regulations for Construction” 29 CFR Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. 2. Subcontracts – The Contractor also agrees to include the requirements of this section in each subcontract. The term “subcontract” under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving furnishing of supplies or materials will be considered a “subcontractor” under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a “subcontractor” if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a “subcontractor.” The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 9. DAVIS-BACON ACT A. MINIMUM WAGES: 1. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics APPENDIX II-6- 4-17-2019 389 are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 9.A.4. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 2. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 3. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the contracting officer within the APPENDIX II-7- 4-17-2019 390 thirty (30) day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise the contracting officer or will notify the contracting officer within the thirty (30)-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 9.A.4.(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. B. WITHHOLDING: The State shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Agreement or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, the State may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. C. PAYROLLS AND BASIC RECORDS: 1. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been APPENDIX II-8- 4-17-2019 391 communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 2. (A) The Contractor shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to the State for transmission to the FTA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 9.C.2.(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the USC. 3. The Contractor or subcontractor shall make the records required under paragraph 9.C.1. of this section available for inspection, copying, or transcription by authorized representatives of the FTA or the USDOL, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. APPENDIX II-9- 4-17-2019 392 Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. APPRENTICES AND TRAINEES (A) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the USDOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the USDOL determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (B) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the USDOL, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at APPENDIX II-10- 4-17-2019 393 not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (C) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 5. SUBCONTRACTS - The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the FTA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 6. AGREEMENT TERMINATION: DEBARMENT - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 7. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Agreement. 8. DISPUTES CONCERNING LABOR STANDARDS - Disputes arising out of the labor standards provisions of this Agreement shall not be subject to the general disputes clause of this Agreement. Such disputes shall be resolved in accordance with the procedures of the USDOL set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the USDOL, or the employees or their representatives. 9. CERTIFICATION OF ELIGIBILITY APPENDIX II-11- 4-17-2019 394 (A) By entering into this Agreement, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (B) No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (C) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 10. ACCESS TO RECORDS AND REPORTS The Contractor agrees to provide City, VCTC, the FTA Administrator, the Comptroller General of the United States or of any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Contract for the purposes of making and conducting audits, inspections, examinations, excerpts, and transcriptions. The Contractor also agrees, pursuant to 49 CFR 633.1.7, to provide the FTA Administrator or his or her authorized representatives, including any Project Management Oversight (PMO) contractor, access to the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described in 49 USC 5307, 5309 or 5311. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than three (3) years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case the Contractor agrees to maintain such books, records, account and reports until the City, VCTC, the FTA Administrator, the Comptroller general, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 11. CARGO PREFERENCE – USE OF UNITED STATES FLAG VESSEL Pursuant to 46 CFR Part 381, the following provisions are applicable in the event equipment, materials or commodities will be transported by ocean vessel in carrying out the work under this Agreement. In such event, the Contractor agrees as follows: A. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent (50%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this Agreement, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. B. To furnish within twenty (20) days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of a rated, “on board” commercial bill-of-lading in English for each shipment of cargo described in subparagraph A above to the City (through the contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of APPENDIX II-12- 4-17-2019 395 Market Development, Maritime Administration, 400 Seventh Street SW, Washington D.C. 20590, marked with appropriate identification of the project. C. To insert the substance of the provisions of this clause in any subcontracts issued pursuant to this Agreement when the subcontract may involve the transport of equipment, material or commodities by ocean vessel. 12. SUBCONTRACTORS’ CERTIFICATE REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION A. The Contractor shall include in each subcontract exceeding one hundred thousand dollars ($100,000), regardless of tier, a clause requiring each lower tiered subcontractor to provide the certification set forth in paragraph B of this section. Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall knowingly enter into any lower tier subcontract exceeding one hundred thousand dollars ($100,000) with a person who is disbarred, suspended or declared ineligible from obtaining federal assistance funds. If a proposed subcontractor is unable to certify to the statements in the following certification, the Contractor shall promptly notify City and provide all applicable documentation. B. Each subcontractor with a subcontract exceeding one hundred thousand dollars ($100,000) shall certify as follows: Subcontractor’s Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 1. ___________________________________(“subcontractor”) certifies, by submission of its proposal to ________________________________________________ (“Contractor”), that neither it nor its “principals” (as defined in 49 CFR 29.105(p)1 is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracts by any Federal department or agency. 2. If subcontractor is unable to certify to the statements in the certification, subcontractor has attached a written explanation to its proposal to the Contractor. 13. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Agreement. Upon execution of this Agreement, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FTA assisted project for which this Agreement work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. APPENDIX II-13- 4-17-2019 396 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 14. LOBBYING Contractors who apply or bid for an award of one hundred thousand dollars ($100,000) or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 USC 1352. Such disclosures are forwarded from tier to tier up to the recipient. 15. COPELAND ANTI-KICKBACK ACT The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 16. ENVIRONMENTAL REQUIREMENTS The Contractor agrees to comply with all applicable standards, orders or requirements as follows: A. CLEAN AIR: The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Agreement, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the California Government Code. All Contractors and suppliers shall be required to submit evidence, if requested, to City that the governing air pollution control criteria will be met. The Contractor also agrees to include these requirements in each subcontract exceeding one hundred thousand dollars ($100,000) under this Agreement. B. CLEAN WATER: The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seg. The Contractor agrees to report each violation to APPENDIX II-14- 4-17-2019 397 City. City will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding one hundred thousand dollars ($100,000) under this Agreement. C. ENERGY CONSERVATION: The Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Federal Energy Policy and Conservation Act 42 USC, Sections 6321 et seq. 17. INCORPORATION OF FTA TERMS The provisions in this Section (FTA Requirements) include, in part, certain Standard Terms and Conditions required by the DOT, whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008 as it may be amended from time to time, are hereby incorporated in this Agreement reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act or refuse to comply with any requests of the City which would cause the City to be in violation of the FTA terms and conditions. 18. PROTEST PROCEDURES The FTA will only review protests regarding alleged failure of City to follow the written and adopted Contract Protest Procedures. A. FTA ROLE IN BID PROTESTS: Protestors shall file a protest with FTA not later than five (5) days after a final decision is rendered under the City’s protest procedure. In instances where the protestor alleges that the City failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) days after the protestor knew or should have known of City’s failure to render a final determination on the protest. Protests should be filed with the appropriate FTA Regional Office with a concurrent copy to the grantee. The protest filed with FTA shall: 1. Include the name and address of the protestor. 2. Identify the grantee, project number, and the number of the contract solicitation. 3. Contain a statement of the grounds for the protest and any supporting documentation. This should detail the alleged failure to follow protest procedures or the alleged failure to have procedures and be fully supported to the extent possible. 4. Include a copy of the local protest filed with the grantee and a copy of the grantee’s decision, if any. The FTA may dismiss the protest without further process if the protest, as originally filed, fails to establish grounds for FTA review. APPENDIX II-15- 4-17-2019 398 APPENDIX III CITY HOLIDAYS The following days are recognized as holidays by the City (relative to this Project’s timeframe): 1. May 27th (Memorial Day) 2. July 4th (Independence Day) 3. July 5th (Extended Independence Day) 4. September 2nd (Labor Day) 5. November 11th (Veteran’s Day) 6. November 28th (Thanksgiving Day) 7. November 29th (Day after Thanksgiving) 8. December 24th (beginning at Noon, Christmas Eve) 9. December 25th (Christmas Day) APPENDIX III -1- 4-17-19 399 APPENDIX IV TRAFFIC ADVISORY SIGNAGE APPENDIX IV-1- 4-17-2019 400 APPENDIX IV-2- 4-17-2019 401 APPENDIX V Ventura County Air Pollution Control Board Rule 55 Fugitive Dust APPENDIX V-1- 4-17-2019 402 APPENDIX V-2- 4-17-2019 403 APPENDIX V-3- 4-17-2019 404 APPENDIX V-4- 4-17-2019 405 APPENDIX V-5- 4-17-2019 406 APPENDIX VI WAGE RATES WAGE RATES FOR ALL CLASSIFICATIONS OF JOURNEYMAN WORKERS CAN BE FOUND AT: https://www.dir.ca.gov/OPRL/2019-1/PWD/index.htm WAGE RATES FOR APPRENTICE WORKERS CAN BE FOUND AT: https://www.dir.ca.gov/OPRL/pwappwage/PWAppWageStart.asp Copies of wage rates are also kept on file at the City of Moorpark Public Works Department. Contact the City of Moorpark at 805-517-6257 if you need assistance obtaining prevailing wage rate information. APPENDIX VI-1- 4-17-2019 407 APPENDIX VII RELEASE ON CONTRACT CONTRACT NAME: Metrolink South Parking Lot Second Entry Project SPECIFICATION NO.: MPK 19-02 WHEREAS, by the terms of the contract, dated ___________, entered into by the City of Moorpark and the undersigned Contractor, agreed to perform certain work for the compensation specified in said contract; and WHEREAS, the Contractor represents that said work is fully completed and that final payment is due to the Contractor under terms of said contact, NOW, THEREFORE, in consideration of the promises and the payment by City of Moorpark to the Contractor of the amount due under the contract, to wit, the sum of $___________, receipt of which is hereby acknowledged by the Contractor, the Contractor hereby releases and forever discharges City of Moorpark of and from all manner of debts, dues, demands, sum or sums of money, accounts, claims and causes of action, in law and in equity, under or by virtue of said contract except as follows: (If none, leave blank) IN WITNESS WHEREOF, the hand and seal of the Contractor have been hereunto set this day of 2019. THIS FORM MUST BE NOTARIZED using proper acknowledgment form (See Civil Code Section 1189, 1190, 1190a). Contractor By Title By Title _____________________________ APPENDIX VII-1- 4-17-2019 408 APPENDIX VIII PROJECT PLANS APPENDIX VIII-1- 4-17-2019 409 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-1 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology LOCATION MAP SITE ” ” ” ”” ” CITY OF MOORPARK PUBLIC WORKS DEPARTMENT METROLINK ENTRANCE IMPROVEMENTS CE-11 GENERAL NOTES & PROJECT INFORMATION METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS BID SET_3-20-19COVER SHEETBID SET (NOT FOR CONSTRUCTION) ORIGINAL SIGNED PLANS ON FILE WITH THE CITY OF MOORPARK 410 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-2 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology CE-11 GENERAL NOTES & PROJECT INFORMATION METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS BID SET_3-20-19NOTES“ ” ” ”” ”” “” ” ” ”””” “ ” “ ” 411 LOT 1 TRACT "O" LOT 2 TRACT "O" LOT 3 TRACT "O" LOT 5 TRACT "O"LOT 7 TRACT "O" TRACT "O" LOT 6 LC FIRST STREETLCMOORPARK AVENUE(HWY 23)BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 EXISTING METROLINK ENTRANCE/ EXIT CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-3 REVIEWED BY: RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology SURVEYORS NOTE: CVE ENGINEERING INC. CE-11 EXISTING SURVEY METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS BID SET_3-20-19SURVEY412 STOPSTOP LOT 1 TRACT "O" LOT 2 TRACT "O" LOT 3 TRACT "O" LOT 5 TRACT "O"LOT 7 TRACT "O" TRACT "O" LOT 6 LC FIRST STREET BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 EXISTING METROLINK ENTRANCE/ EXIT A CE-9 A'CE-9 1st STREET METRO LINK ENTRANCE METRO LINK ENTRANCEMOORPARK AVENUECITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology OVERALL SITE PLAN METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-4 CE-11 BID SET_3-20-19OVERALL STREET PLAN413 STOPSTOP LOT 2 TRACT "O" LOT 3 TRACT "O" LOT 5 TRACT "O" TRACT "O" LOT 6 FIRST STREET BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 A CE-9 A' CE-9 1st STREET METRO LINK ENTRANCE METRO LINK ENTRANCE CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology GRADING AND DRAINAGE PLANS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-5 CE-11 BID SET_3-20-19GRADING PLAN414 STOP EXISTING METROLINK ENTRANCE/ EXIT METRO LINK ENTRANCE METRO LINK ENTRANCEMOORPARK AVENUECITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology GRADING AND DRAINAGE PLANS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-6 CE-11 BID SET_3-20-19GRADING PLAN415 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology GRADING AND DRAINAGE PLANS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-7 CE-11 BID SET_3-20-19GRADING PLAN416 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-8 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology BIO-INFILTRATION PLANTER DETAILS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-11 BID SET_3-20-19DETAILS417 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-9 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology OVER JOINT PETROMAT OR EQUIV. PROP. 4" A.C. PVMT. COLD PLANE JOIN PROP. BASE 6" A.C. BASE COURSEEX. BASE PROVIDE TACK COAT A.C. PVMT. EXIST. NOTE: 1. COLD PLANE PRIOR TO SAWCUT. 2. A.C. PAVEMENT IS TO UTILIZE TWO ASPHALT MIXES. THE TOP 1 3 4" IS TO HAVE 1 2" ROCK MIX THE BOTTOM 2 1 4" IS TO HAVE 3 4" ROCK MIX 3. PAVEMENT JOINTS MUST BE PLACED AT THE EDGES OF TRAFFIC LANES. NO JOIN LINES WILL BE PERMITTED UNDER THE WHEEL PATHS OF VEHICLES. PAVEMENT INTERFACE DETAIL THAN EXISTING PVMT.) (1" MIN. THICKNESS MORE PROVIDE 4' WIDE 2' MIN. 1 3/4" MIN. SAWCUT LINE SAWCUT LINE DETAILS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-11 CURB RAMP DETAILS CURB DETAILS CROSS GUTTER DETAIL CROSS SECTION A-A'BID SET_3-20-19DETAILS8' 27' X = 8.4' 418 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-10 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology DETAILS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-11 PAVEMENT MARKINGS PAVEMENT TRAFFIC LINES STOP AND STOP BAR TRENCH BEDDING & BACKFILLCURB & SIDEWALK JONTS BID SET_3-20-19DETAILS(1.75") 44 mm 2K 2K 1 3/4" OF C2 1/2" ON TOP OF 2 1/4" OF BS 3/4" CONCRETE SIDEWALKS SHALL BE 520-C-3250 TYPE D YELLOW TWO WAY REFLECTORS (TYP) 4" YELLOW 8. PAVEMENT JOIN LINES MUST BE PLACED AT THE EDGES OF TRAFFIC LANES. NO JOIN LINES WILL BE PERMITTED UNDER THE WHEEL PATHS OF VEHICLES. STOP SIGN NOTES: IN LOCATIONS WHERE PIPES ARE TO BE REMOVED OR ABANDONED, SLURRY IS TO BE USED FOR ENTIRE TRENCH BACKFILL. ABANDONED PIPES SHALL BE SLURRY FILLED PRIOR TO PLACING SLURRY BACKFILL. 419 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ CE-11 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology DETAILS METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STREET IMPROVEMENT PLANS CE-11 BLOCK GARDEN WALL BID SET_3-20-19DETAILSCROSSWALK STRIPING CONCRETE LIGHT BOLLARD 420 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ SW-1 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STORMWATER NOTES & DETAILS EROSION & SEDIMENT CONTROL PLAN/LOCAL SWPPP EROSION AND SEDIMENT CONTROL PLAN (ESCP) GENERAL NOTES: 1. IN CASE OF EMERGENCY, CALL____ROBERT W. ANDERSON____ AT ____805-485-3935_____. 2. TOTAL DISTURBED AREA ________0.15 ACRES_________ WDID # ________N/A_______________. 3. A STAND-BY CREW FOR EMERGENCY WORK SHALL BE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON (OCTOBER 1 TO APRIL 15). NECESSARY MATERIALS SHALL BE AVAILABLE ON-SITE AND STOCKPILED AT CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF EMERGENCY DEVICES WHEN RAIN IS IMMINENT. 4. EROSION CONTROL DEVICES SHOWN ON THIS PLAN MAY BE REMOVED WHEN APPROVED BY THE BUILDING OFFICIAL IF THE GRADING OPERATION HAS PROGRESSED TO THE POINT WHERE THEY ARE NO LONGER REQUIRED. 5. GRADED AREAS ADJACENT TO FILL SLOPES LOCATED AT THE SITE PERIMETER MUST DRAIN AWAY FROM THE TOP OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY. ALL LOOSE SOILS AND DEBRIS THAT MAY CREATE A POTENTIAL HAZARD TO OFF-SITE PROPERTY SHALL BE STABILIZED OR REMOVED FROM THE SITE ON A DAILY BASIS. 6. ALL SILT AND DEBRIS SHALL BE REMOVED FROM ALL DEVICES WITHIN 24 HOURS AFTER EACH RAINSTORM AND BE DISPOSED OF PROPERLY. 7. A GUARD SHALL BE POSTED ON THE SITE WHENEVER THE DEPTH OF WATER IN ANY DEVICE EXCEEDS TWO FEET. THE DEVICE SHALL BE DRAINED OR PUMPED DRY WITHIN 24 HOURS AFTER EACH RAINSTORM. PUMPING AND DRAINING OF ALL BASINS AND DRAINAGE DEVICES MUST COMPLY WITH THE APPROPRIATE BMP FOR DEWATERING OPERATIONS. 8. THE PLACEMENT OF ADDITIONAL DEVICES TO REDUCE EROSION DAMAGE AND CONTAIN POLLUTANTS WITHIN THE SITE IS LEFT TO THE DISCRETION OF THE FIELD ENGINEER. ADDITIONAL DEVICES AS NEEDED SHALL BE INSTALLED TO RETAIN SEDIMENTS AND OTHER POLLUTANTS ON SITE. 9. DESILTING BASINS MAY NOT BE REMOVED OR MADE INOPERABLE BETWEEN OCTOBER 1 AND APRIL 15 OF THE FOLLOWING YEAR WITHOUT THE APPROVAL OF THE BUILDING OFFICIAL. 10. STORM WATER POLLUTION AND EROSION CONTROL DEVICES ARE TO BE MODIFIED, AS NEEDED, AS THE PROJECT PROGRESSES, THE DESIGN AND PLACEMENT OF THESE DEVICES IS THE RESPONSIBILITY OF THE FIELD ENGINEER. PLANS REPRESENTING CHANGES MUST BE SUBMITTED FOR APPROVAL IF REQUESTED BY THE BUILDING OFFICIAL. 11. EVERY EFFORT SHOULD BE MADE TO ELIMINATE THE DISCHARGE OF NON-STORM WATER FROM THE PROJECT SITES AT ALL TIMES. 12. ERODED SEDIMENTS AND OTHER POLLUTANTS MUST BE RETAINED ON-SITE AND MAY NOT BE TRANSPORTED FROM THE SITE VIA SHEET FLOW, SWALES, AREA DRAINS, NATURAL DRAINAGE COURSES, OR WIND. 13. STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIALS MUST BE PROTECTED FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES OF WIND OR WATER. 14. FUELS, OILS, SOLVENTS, AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOILS AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS ARE TO BE PROTECTED FROM THE WEATHER. SPILLS MUST BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER. SPILLS MAY NOT BE WASHED INTO THE DRAINAGE SYSTEM. 15. EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON-SITE AND DISPOSED OF IN A PROPER MANNER. 16. DEVELOPERS/CONTRACTORS ARE RESPONSIBLE TO INSPECT ALL EROSION CONTROL DEVICES AND BMPs ARE INSTALLED AND FUNCTIONING PROPERLY IF THERE IS A 50% OR GREATER PROBABILITY OF PREDICTED PRECIPITATION, AND AFTER ACTUAL PRECIPITATION. A CONSTRUCTION SITE INSPECTION CHECKLIST AND INSPECTION LOG SHALL BE MAINTAINED AT THE PROJECT SITE AT ALL TIMES AND AVAILABLE FOR REVIEW BY THE BUILDING OFFICIAL (COPIES OF THE SELF-INSPECTION CHECK LIST AND INSPECTION LOGS ARE AVAILABLE UPON REQUEST.) 17. TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND. 18. SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITE BY VEHICLE TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS. 19. ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF VEGETATION MUST BE STABILIZED SO AS TO INHIBIT EROSION BY WIND AND WATER. 20. AS THE ENGINEER/QSD OF RECORD, I HAVE SELECTED APPROPRIATE BMPS TO EFFECTIVELY MINIMIZE THE NEGATIVE IMPACTS OF THIS PROJECT'S CONSTRUCTION ACTIVITIES ON STORM WATER QUALITY. THE PROJECT OWNER AND CONTRACTOR ARE AWARE THAT THE SELECTED BMPs MUST BE INSTALLED, MONITORED AND MAINTAINED TO ENSURE THEIR EFFECTIVENESS. __________ _____________ _______5-18-17________________ CIVIL ENGINEER/QSD DATE 21. AS THE PROJECT OWNER OR AUTHORIZED AGENT OF THE OWNER, I CERTIFY THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR SUPERVISION IN ACCORDANCE WITH THE SYSTEM DESIGNED TO ENSURE THAT A QUALIFIED PERSONNEL PROPERLY GATHER AND EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM OR THOSE PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION SUBMITTED IS TRUE, ACCURATE AND COMPLETE. I AM AWARE THAT SUBMITTING FALSE AND/OR INACCURATE INFORMATION, FAILING TO UPDATE THE LOCAL SWPPP TO REFLECT CURRENT CONDITIONS, OR FAILING TO PROPERLY AND/OR ADEQUATELY IMPLEMENT THE LOCAL SWPPP MAY RESULT IN REVOCATION OF GRADINGAND/OR OTHER PERMITS OR OTHER SANCTIONS PROVIDED BY LAW. __________ ___________________________________________________ OWNER OR AUTHORIZED REPRESENTATIVE DATE 22. DEVELOPERS/CONTRACTORS ARE RESPONSIBLE TO INSPECT ALL EROSION CONTROL DEVICES AND BMPs ARE INSTALLED AND FUNCTIONING PROPERLY AS REQUIRED BY THE STATE CONSTRUCTION GENERAL PERMIT. A CONSTRUCTION SITE INSPECTION CHECKLIST AND INSPECTION LOG SHALL BE MAINTAINED AT THE PROJECT SITE AT ALL TIMES AND AVAILABLE FOR REVIEW BY THE BUILDING OFFICIAL. 23. THE FOLLOWING BMPs FROM THE "2009 CONSTRUCTION BMPHANDBOOK/PORTAL" MUST BE IMPLEMENTED FOR ALL CONSTRUCTION ACTIVITIES AS APPLICABLE. AS AN ALTERNATIVE, DETAILS FROM "CALTRANS STORM WATER QUALITY HANDBOOKS, CONSTRUCTION SITE BEST MANAGEMENT PRACTICES (BMP) MANUAL" MAY BE USED. ADDITIONAL MEASURES MAY BE REQUIRED IF DEEMED APPROPRIATE BY THE BUILDING OFFICIAL. STORM WATER POLLUTION CONTROL PLAN - STANDARD NOTES This SWPCP Plan has been provided to address a local storm water requirements and supplement the SWPPP report, where applicable. Erosion and sediment controls are required to provide effective reduction or elimination of sediment related pollutants in stormwater discharges and authorized non-stormwater discharges from the Site. Non-stormwater discharges consist of discharges, which do not originate from precipitation events. Wherever possible, erosion and sediment control measures and applicable BMP's should be implemented to reduce the potential for sediment related pollutants from being discharged from the site. The following is a list of construction materials that will be used and activities that will be performed that will have the potential to contribute pollutants, other than sediment, to storm water runoff: o Vehicle fluids, including oil, grease, petroleum, and coolants o Solvents, thinners o Concrete curing compounds o Cement materials including underground structures and above ground structures o General Litter Base and sub-base materials o Paints Solvents and Thinners o Mortar Mix o BMP materials o Treated Lumber o PCC rubble o Landscape materials (Herbicides) Construction activities that have the potential to contribute sediment to storm water discharges include: o Clear and grub operations o Grading operations o Soil import operations o Utility (overhead and underground operations) o Landscaping 1.EROSION CONTROL MEASURES Erosion control, also referred to as soil stabilization, consists of source control measures that are designed to prevent soil particles from detaching and becoming transported in stormwater runoff. Erosion control BMPs protect the soil surface by covering and/or binding soil particles. Only areas that will be subject to immediate construction activities (within 7 days) will be clear and grubbed. The primary goal of this plan will be to preserve existing vegetation and prioritize erosion control measures, wherever possible, to reduce the potential for sediment related pollutants from being discharged from the site. This construction project will implement the following practices to provide effective temporary and final erosion control during construction: i. Preserve existing vegetation where required and when feasible. ii. The area of soil disturbing operations shall be controlled such that the Contractor is able to implement erosion control BMPs quickly and effectively. iii. Apply temporary erosion control to remaining active and non-active areas as required. Reapply as necessary to maintain effectiveness. iv.Stabilize non-active areas within 14 days of cessation of construction activities or sooner if stipulated by local requirements. v. Control erosion in concentrated flow paths by applying erosion control blankets, check dams, erosion control seeding or alternate methods. vi. Apply seed, planting, mulch, sod, or other erosion control measures to areas deemed substantially complete by the Owner during the defined rainy season. vii. Prior to the completion of construction, apply permanent erosion control to remaining disturbed soil areas. Sufficient erosion control materials shall be maintained onsite to allow implementation in conformance with this Stormwater Management Plan(s). Table 1 provides a list of approved erosion control measures and the corresponding specifications from CASQA. Special attention is draw to the following minimum measures: EC-1, Scheduling o Major grading operations are scheduled to occur during non-rainy periods. o Erosion and sediment control practices are conducted year-round. o Soil exposure shall be limited and staged as appropriate. o Schedule road grading and hauling during dry periods. o Implement temporary cover erosion practices prior to the rainy season. EC-2, Preservation of Existing Vegetation o Existing vegetation shall be preserved to the maximum extent practicable. o Approximately 5% of the project area will be left undisturbed. o Minimize contractor access through communications to preserve existing vegetation outside of the road grading and lay-down areas. EC-3, Hydraulic Mulch o Use of non-paper based hydraulic mulch should be used for temporary cover of exposed soils prior to significant forecasted rain events. o Apply hydraulic mulches to stockpiles or other exposed soils adjacent to access roads for temporary cover. o Allow 24 hours for drying prior to a forecasted rain event. EC-4, Hydro seeding o Contractor should consult the local NRCS office for seed mixtures o Apply hydro seeding prior to rainy season on final graded areas o Hydro seeding should be used in conjunction with EC-3 for temporary cover o Additional applications may be necessary until adequate vegetation is established (70% coverage) EC-5, Soil Binders o Soil binders may be applied to any areas that will remain disturbed for more than two weeks. o Soil binders shall be reapplied as needed. o Apply soil binders for temporary wind erosion protection o Apply soil binders on access roads for wind erosion protection and erosion o Use of soil binder material shall be selected by the contractor for particular applications and shall meet CASQA standards and specifications. EC-7, Geotextiles and Mats o Erosion control blankets may be used to stabilize areas that will remain disturbed for more than two weeks. o Erosion control blankets may be used in areas of concentrated flow which has a velocity less than 6ft/s. o Erosion control blankets may be used for areas around the Arizona Crossing o Erosion control blankets will be repaired or replaced as needed. o Stapling and material of blankets shall be selected by the contractor applied according to CASQA standards and specifications. o Use of 10-mil plastic sheeting may be used for temporary cover of stock piles or spoil piles of material should be secured with gravel bags, and a fiber roll or berm around the base for perimeter control shall be implemented in accordance with CASQA requirements. The SWPCP will implement erosion control BMPs as needed to minimize or prevent soil movement from water forces from the disturbed limits of the project. BMPs will be applied following progress of grading operations. The locations of erosion control BMPs may change as the project progresses and disturbed areas are expanded. Copies of outdated plans will be maintained as required. 2.SEDIMENT CONTROLS Sediment controls are temporary or permanent structural measures that are intended to complement the selected erosion control measures and reduce sediment discharges from active construction areas. Sediment controls are designed to intercept and settle out soil particles that have been detached and transported by the force of water. Sufficient quantities of temporary sediment control materials will be maintained on-site throughout the duration of the project, to allow implementation of temporary sediment controls in the event of predicted rain, and for rapid response to failures or emergencies, in conformance with other Permit requirements (and as described in this SWPPP, where applicable). This includes implementation requirement for active areas and non-active areas before the onset of rain. Sufficient sediment control measures should be in place at all times, to control sediment on the construction site. Table 2 provides a list of approved sediment control measures and the corresponding specifications from CASQA. These temporary sediment control BMPs shall be implemented in on the site, as necessary in conformance with the guidelines within these plans and in accordance with the BMP Fact Sheets. Where conflicts exist, the interpretation and recommendations of the QSD (for CGP coverage) or registered engineer, shall govern. Special attention is drawn to the following measures: CITY OF MOORPARK METROLINK STATION FIRST STREET SOUTH ENTRANCE MOORPARK, CALIFORNIA EROSION AND SEDIMENT CONTROL PLAN / LOCAL SWPPP MUNICI PAL S EPARATE S T O R M S E W ER SYSTEMMUNICI PAL S EPARATE S T O R M S E W ER SYSTEMSW-4 BID SET_3-20-19SWPPP421 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ SW-2 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STORMWATER NOTES & DETAILS EROSION & SEDIMENT CONTROL PLAN/LOCAL SWPPPMUNICIPAL S EPARATE S T O R M S E W ER SYSTEMMUNICI PAL S EPARATE S T O R M S E W ER SYSTEMNON-STORMWATER, AS APPLICABLE, BMPS SHALL BE IMPLEMENTED AT ALL TIMES DURING SITE ACTIVITIES. 4.MATERIALS MANAGEMENT AND WASTE MANAGEMENT MATERIALS MANAGEMENT CONTROL PRACTICES CONSIST OF IMPLEMENTING PROCEDURAL AND STRUCTURAL BMPS FOR HANDLING, STORING AND USING CONSTRUCTION MATERIALS TO PREVENT THE RELEASE OF THOSE MATERIALS INTO STORMWATER DISCHARGES. THE AMOUNT AND TYPE OF CONSTRUCTION MATERIALS TO BE UTILIZED AT THE SITE WILL DEPEND UPON THE TYPE OF CONSTRUCTION AND THE LENGTH OF THE CONSTRUCTION PERIOD. THE MATERIALS MAY BE USED CONTINUOUSLY, SUCH AS FUEL FOR VEHICLES AND EQUIPMENT, OR THE MATERIALS MAY BE USED FOR A DISCRETE PERIOD, SUCH AS SOIL BINDERS FOR TEMPORARY STABILIZATION. WASTE MANAGEMENT CONSIST OF IMPLEMENTING PROCEDURAL AND STRUCTURAL BMPS FOR HANDLING, STORING AND ENSURING PROPER DISPOSAL OF WASTES TO PREVENT THE RELEASE OF THOSE WASTES INTO STORMWATER DISCHARGES. MATERIALS AND WASTE MANAGEMENT POLLUTION CONTROL BMPS SHALL BE IMPLEMENTED TO MINIMIZE STORMWATER CONTACT WITH CONSTRUCTION MATERIALS, WASTES AND SERVICE AREAS; AND TO PREVENT MATERIALS AND WASTES FROM BEING DISCHARGED OFF-SITE. THE PRIMARY MECHANISMS FOR STORMWATER CONTACT THAT SHALL BE ADDRESSED INCLUDE: O DIRECT CONTACT WITH PRECIPITATION O CONTACT WITH STORMWATER RUN-ON AND RUNOFF O WIND DISPERSION OF LOOSE MATERIALS O DIRECT DISCHARGE TO THE STORM DRAIN SYSTEM THROUGH SPILLS OR DUMPING O EXTENDED CONTACT WITH SOME MATERIALS AND WASTES, SUCH AS ASPHALT COLD MIX AND TREATED WOOD PRODUCTS, WHICH CAN LEACH POLLUTANTS INTO STORMWATER. 5.POST CONSTRUCTION STORMWATER MANAGEMENT MEASURES POST CONSTRUCTION BMPS ARE PERMANENT MEASURES INSTALLED DURING CONSTRUCTION, DESIGNED TO REDUCE OR ELIMINATE POLLUTANT DISCHARGES FROM THE SITE AFTER CONSTRUCTION IS COMPLETED. WHERE THE SITE IS SUBJECT TO AN MS4, AN APPROVED SWMP REPORT AND PLAN IS REQUIRED. POST-CONSTRUCTION BMP'S ARE NOTED ON THE PLAN (OR AS SPECIFIED PER THE SWPPP). 6.BMP INSPECTION AND MAINTENANCE ROUTINE WEEKLY INSPECTIONS OF BMPS, ALONG WITH INSPECTIONS BEFORE, DURING (AS APPLICABLE), AND AFTER QUALIFYING RAIN EVENTS ARE REQUIRED (OR AS SPECIFIED BY THE SWPPP, IF APPLICABLE). A BMP INSPECTION CHECKLIST MUST BE FILLED OUT FOR INSPECTIONS AND MAINTAINED ON-SITE WITH THE SWPPP, WHERE REQUIRED). BMPS SHALL BE MAINTAINED REGULARLY TO ENSURE PROPER AND EFFECTIVE FUNCTIONALITY AND AS SOON AS PRACTICABLE AFTER A RAIN EVENT. IF NECESSARY, CORRECTIVE ACTIONS SHALL BE IMPLEMENTED WITHIN 72 HOURS OF IDENTIFIED DEFICIENCIES. 7.CONSTRUCTION SITE MONITORING PROGRAM THIS CONSTRUCTION SITE MONITORING PROGRAM WAS DEVELOPED TO ADDRESS THE FOLLOWING OBJECTIVES: 1. TO DEMONSTRATE THAT THE SITE IS IN COMPLIANCE WITH THE INTENT OF THESE PLANS, AND EXCESS DISCHARGE (OR STANDARDS ESTABLISHED UNDER THE SWPPP, IF APPLICABLE) ARE MAINTAINED; 2. TO DETERMINE WHETHER NON-VISIBLE POLLUTANTS ARE PRESENT AT THE CONSTRUCTION SITE AND ARE CAUSING OR CONTRIBUTING TO EXCEEDANCES OF WATER QUALITY OBJECTIVES; 3. TO DETERMINE WHETHER IMMEDIATE CORRECTIVE ACTIONS, ADDITIONAL BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION, OR SWPPP REVISIONS ARE NECESSARY TO REDUCE POLLUTANTS IN STORMWATER DISCHARGES AND AUTHORIZED NON-STORMWATER DISCHARGES; 4. TO DETERMINE WHETHER BMPS ARE EFFECTIVE IN PREVENTING OR REDUCING POLLUTANTS IN STORMWATER DISCHARGES AND AUTHORIZED NON-STORMWATER DISCHARGES. 8. ROUTINE SITE OBSERVATIONS AND INSPECTIONS UNLESS OTHERWISE DETERMINED BY A SWPPP, THE SITE WILL BE REQUIRED TO UNDERGO THE FOLLOWING: ·VISUAL INSPECTIONS OF BEST MANAGEMENT PRACTICES (BMPS); ·VISUAL MONITORING OF THE SITE FOR STORM RELATED RUNOFF TO DETERMINE IF EXCESS STORMWATER DISCHARGES ARE OCCURRING THAT REQUIRE ADDITIONAL OR MODIFICATIONS TO THIS PLAN; ·VISUAL MONITORING OF THE SITE FOR NON-STORMWATER DISCHARGES; 9. ROUTINE BMP INSPECTIONS INSPECTIONS OF BMPS ARE CONDUCTED TO IDENTIFY AND RECORD: ·BMPS THAT ARE PROPERLY INSTALLED; ·BMPS THAT NEED MAINTENANCE TO OPERATE EFFECTIVELY; ·BMPS THAT HAVE FAILED; OR ·BMPS THAT COULD FAIL TO OPERATE AS INTENDED. TABLE 6 PROVIDES A GENERAL CHECKLIST FOR USE IN ROUTINE INSPECTIONS 9.1 NON-STORMWATER DISCHARGE OBSERVATIONS EACH DRAINAGE AREA WILL BE INSPECTED FOR THE PRESENCE OF OR INDICATIONS OF PRIOR UNAUTHORIZED AND AUTHORIZED NON-STORMWATER DISCHARGES. INSPECTIONS WILL RECORD: ·PRESENCE OR EVIDENCE OF ANY NON-STORMWATER DISCHARGE (AUTHORIZED OR UNAUTHORIZED); ·POLLUTANT CHARACTERISTICS (FLOATING AND SUSPENDED MATERIAL, SHEEN, DISCOLORATION, TURBIDITY, ODOR, ETC.); AND ·SOURCE OF DISCHARGE. TABLE 7 PROVIDES A LIST OF NON-VISBLE POLLUTANTS THAT MAY BE ENCOUNTERED AT SITES THAT SHOULD BE OF PARTICULAR CONCERN. (SEE ADJACENT COLUMN) 10.CONTRACTOR LIST GENERAL CONTRACTOR ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ SUB-CONTRACTOR RESPONSIBLE FOR STORMWATER MANAGEMENT IMPLEMENTATION ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ STORM WATER POLLUTION CONTROL PLAN - STANDARD NOTES (CONTINUED) SE-1, SILT FENCE O SILT FENCE MAY BE USED AS SITE PERIMETER WHERE CONDITIONS WARRANT SUCH AS AROUND THE STAGING / LAY DOWN AREA ALONG CONTOUR ONLY. O SILT FENCE COULD BE USED IN AREAS OF SHEET FLOW TO PROTECT ADJACENT CONVEYANCES AND IS NOT PERMITTED IN AREAS OF CONCENTRATED FLOW. O SILT FENCE WILL BE REPAIRED AND REPLACED AS NEEDED ACCORDING TO FINDINGS OF INSPECTIONS. SE-4, CHECK DAMS O CHECK DAMS (AND SIMILAR DEVICES) SHALL NOT BE COMPOSED OF SAND, BUT WILL BE FILLED WITH GRAVEL SIZED MATERIALS ONLY. O SPACING AND BAG PLACEMENT SHAPE SHALL BE PER SPECIFIC DETAILS PRESENTED HEREIN OR PER CASQA O CHECK DAMS SHALL BE INSTALLED AND MAINTAINED ACCORDING TO CASQA SE-5, FIBER ROLLS O FIBER ROLLS MAY BE USED AROUND TEMPORARY STOCKPILES FOR PERIMETER CONTROL. O FIBER ROLLS MAY BE USED AS PERIMETER CONTROL FOR SHORT DURATION EXPOSED / ACTIVE AREAS IN PLACE OF SILT FENCE. O FIBER ROLLS SHALL BE INSTALLED AND MAINTAINED ACCORDING TO CASQA SPECIFICATIONS. NOTE: ALL BAGS USED IN SEDIMENT CONTROL MEASURES SHALL UTILIZE GRAVEL SIZED MATERIALS, AND NO SAND WILL BE PERMITTED. 1.TRACKING CONTROL MEASURES TABLE 3 PROVIDES A LIST OF APPROVED TRACKING CONTROL MEASURES AND THE CORRESPONDING SPECIFICATIONS FROM CASQA THAT SHALL BE IMPLEMENTED ON THE PROJECT. SPECIAL ATTENTION IS DRAWN TO THE FOLLOWING TO REDUCE SEDIMENT TRACKING FROM THE CONSTRUCTION SITE ONTO PRIVATE OR PUBLIC ROADS:: TC-1, STABILIZED CONSTRUCTION ENTRANCE O A STABILIZED CONSTRUCTION ENTRANCE WILL BE INSTALLED WHERE PAVEMENT ENDS TO MINIMIZE TRACKING. O GRAVEL/ROCK SHALL BE PLACED TO A DEPTH OF 12 INCHES SHALL BE USED FOR STABILIZED ENTRANCE. SPECIFIC DIMENSION WILL VARY PER LOCATION. O GRAVEL/ROCK WILL BE CLEANED AND MAINTAINED AS NEEDED O SHAKER PLATES WILL BE INSTALLED ON THE GRAVEL AND SHALL BE LOCATED AT LEAST 10 FEET FROM THE ROADWAY, EXTEND TO WITHIN 10 FEET OF THE TERMINATION OF THE LAYOUT, TO ALLOW ADEQUATE DISLODGING OF SEDIMENT AND DEBRIS. TC-2, STABILIZED CONSTRUCTION ROADWAY O A STABILIZED CONSTRUCTION ROADWAY WILL BE USED FOR ACCESS AND HAULING O USE OF WE-1 OR EC-5 WILL LIKELY BE NEEDED TO MINIMIZE WIND EROSION O MINIMIZE TRAFFIC SPEED TO PREVENT EXCESS DUST GENERATION ALONG ROADS THE SWPCP SHALL CONSTRUCT STABILIZED CONSTRUCTION ENTRANCES / EXITS FOR THE PROJECT SITE. STABILIZED CONSTRUCTED ROADWAYS WILL BE IMPLEMENTED BY THE SWPCP AS NECESSARY TO MINIMIZE POTENTIAL OF DUST AND EROSION OF EXPOSED SOILS DURING CONSTRUCTION. 2.WIND EROSION CONTROL SPECIAL ATTENTION IS DRAWN TO THE FOLLOWING BMPS TO CONTROL DUST FOR CONSTRUCTION SITES: WE-1, WIND EROSION CONTROL O POTABLE WATER WILL BE APPLIED TO DISTURBED SOIL AREAS OF THE PROJECT TO CONTROL DUST AND MAINTAIN MOISTURE LEVELS FOR COMPACTION. O WATER WILL BE APPLIED BY WATER TRUCKS AS NEEDED. WATER APPLICATION RATES WILL BE CONCENTRATED DURING THE SUMMER AND FALL MONTHS. O WATER CONSERVATION PRACTICES WILL BE USED IN CONJUNCTION WITH DUST CONTROL MEASURES TO PREVENT DISCHARGES ASSOCIATED WITH DUST CONTROL APPLICATIONS. O PLASTIC COVERS SHALL BE USED TO PREVENT DISPERSAL OF SEDIMENT FROM STOCKPILES AS NECESSARY. EC-5, SOIL BINDERS O SOIL BINDERS MAY BE APPLIED TO ANY AREAS THAT WILL REMAIN DISTURBED FOR MORE THAN TWO WEEKS. O EROSION CONTROL SHALL BE APPLIED AT INTERVALS SUFFICIENT ENOUGH TO ADEQUATELY CONTROL WIND EROSION. ADDITIONALLY, VEHICLE TRAFFIC SPEED LIMITS SHOULD BE KEPT LOW TO MINIMIZE DUST GENERATION; APPLICATION OF DUST PALLIATIVES TO HAUL ROADS OR ACCESS ROADS SHALL BE IMPLEMENTED AT INTERVALS SUFFICIENT ENOUGH TO MINIMIZE DUST GENERATION FROM VEHICLE TRAFFIC. O SOIL BINDERS SHALL BE REAPPLIED AS NEEDED. O APPLY SOIL BINDERS FOR TEMPORARY WIND EROSION PROTECTION. O APPLY SOIL BINDERS ON ACCESS ROADS FOR WIND EROSION PROTECTION AND EROSION CONTROL. O USE OF SOIL BINDER MATERIAL SHALL BE SELECTED BY THE CONTRACTOR FOR PARTICULAR APPLICATIONS AND SHALL MEET CASQA STANDARDS AND SPECIFICATIONS. APPLICATION OF WATER SHALL BE USED TO MINIMIZE DUST GENERATION FROM WIND EROSION FORCES. DURING WINDY CONDITIONS (FORECASTED AND / OR ACTUAL OVER 20 MPH OR GREATER) WIND EROSION SHALL BE APPLIED AT INTERVALS SUFFICIENT ENOUGH TO ADEQUATELY CONTROL WIND EROSION. ADDITIONALLY, VEHICLE TRAFFIC SPEED LIMITS SHOULD BE KEPT LOW TO MINIMIZE DUST GENERATION; APPLICATION OF DUST PALLIATIVES TO HAUL ROADS OR ACCESS ROADS SHALL BE IMPLEMENTED AT INTERVALS SUFFICIENT ENOUGH TO MINIMIZE DUST GENERATION FROM VEHICLE TRAFFIC. 3.NON-STORMWATER CONTROLS AND WASTE AND MATERIALS MANAGEMENT THE FOLLOWING NON-STORMWATER CONTROL BMP SELECTION TABLE INDICATES THE BMPS THAT SHALL BE IMPLEMENTED TO CONTROL SEDIMENT ON THE CONSTRUCTION SITE. Table 7: Common Non-Visible Pollutants and Water Quality Indicator Constituents Worksheet SW-4 BID SET_3-20-19SWPPP422 CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ SW-3 REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY STORMWATER NOTES & DETAILS EROSION & SEDIMENT CONTROL PLAN/LOCAL SWPPP STRAW WATTLES PLACEMENT DIKE/DEBRIS BASIN AT DOWN DRAIN CHECK DAMS W/ "V" ALIGNMENTA C CHECK DAMB D AREA DRAIN/ CATCH BASIN SW-3 SW-3 SW-3 SW-3 E SW-3 F G SW-3 H SW-3 MUNICI PAL S EPARATE S T O R M S E W ER SYSTEMMUNICI PAL S EPARATE S T O R M S E W ER SYSTEMSW-4 SW-3 BID SET_3-20-19SWPPP423 LOT 1 TRACT "O" LOT 2 TRACT "O" LOT 3 TRACT "O" LOT 5 TRACT "O"LOT 7 TRACT "O" TRACT "O" LOT 6 LC FIRST STREETLCMOORPARK AVENUE(HWY 23)BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 EXISTING METROLINK ENTRANCE/ EXIT STOPSTOP CITY OF MOORPARK PUBLIC WORKS DEPARTMENTAPPROVED BY: CHECKED BY: DESIGNED BY: DRAWN BY: DATEAPP'D.R.C.E. 5 4 6 2 3 1 DESCRIPTION OF REVISION DISCRETIONARY PERMIT NO. ENGINEERING PROJECT NO.DRAWING NO. SHEET ____________ OF ____________ REVIEWED BY:RJR ENGINEERING GROUP Geotechnical Engineering Geology Water Resources Environmental Planning Civil Engineering Flood Control/Hydrology METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY SW-4 SW-4STORMWATER PLAN EROSION & SEDIMENT CONTROL PLAN/LOCAL SWPPP BID SET_3-20-19SWPPP424 STOPSTOP EXISTING GARAGELOT 5 EXISTING SINGLE STORY RESIDENCE LOT 5 EXISTING SINGLE STORY RESIDENCE EXISTING GARAGE 3/4" 3/4"1"3/4" 3/4" I I I I I I IRRIGATION LEGEND: DRIP AND EMITTERS: SYMBOL MANUF.MODEL #DESCRIPTION GPM RADIUS PSI DETAIL REFERENCE NETAFIM TLCV6-18 SUBSURFACE w/ 3" OF SOIL COVER18" EMITTER AND 0.010 DRIP 30 SEE DETAIL E, SHEET L-1.2. LINE SPACING TECHLINE CV DRIPLINE. NETAFIM TLCV6-12 SUBSURFACE w/ 3" OF SOIL COVER12" EMITTER AND 0.010 DRIP 30 SEE DETAIL E, SHEET L-1.2. LINE SPACING TECHLINE CV DRIPLINE. EQUIPMENT: SYMBOL MANUF.MODEL #DESCRIPTION DETAIL REFERENCE x ------EXISTING WATER METER BY OTHERS. OFF-SITE ON ADJACENT NORTH LOT.SEE UTILITIES PLAN. x ------EXISTING FLOW SENSOR BY OTHERS. OFF-SITE ON ADJACENT NORTH LOT.SEE UTILITIES PLAN. HYDROPOINT WTPRO3-C-24-SPH WEATHERTRAK ET PRO3 24 STATION CONTROLLER SEE DETAIL H, SHEET L-1.2. NIBCO T-585 LINE SIZED BRONZE FULL PORT BALL VALVE IN VALVE BOX.SEE DETAIL A, SHEET L-1.2. NETAFIM TLVF-1 1/2" AUTOMATIC FLUSH VALVE AT EACH PLANTER AT LOWEST POINT IN VALVE BOX.SEE DETAIL G, SHEET L-1.2. RAINBIRD OPERIND DRIP OPERATIONAL INDICATOR --- WILKENS 500 SERIES 3/4" PRESSURE REGULATOR INSTALL IN VALVE BOX.SEE DETAIL C, SHEET L-1.2. RAINBIRD XCZ-100-PRB-COM 1" PESB VALVE WITH TWO 1" PRESSURE REGULATING (40 PSI) QUICK CHECK SEE DETAIL D, SHEET L-1.2. BASKET FILTERS. INSTALL IN A RECTANGULAR VALVE BOX. (DRIP LINE ONLY). RAINBIRD 44LRC 1" QUICK COUPLER VALVE. INSTALL WITHIN ROUND VALVE BOX.SEE DETAIL F, SHEET L-1.2. APPROVED SCH. 40 PVC MAINLINE SIZED AS SHOWN, MINIMUM COVER OF 18".SEE DETAIL B, SHEET L-1.2. APPROVED SCH. 40 PVC LATERAL LINE SIZED AS SHOWN (MINIMUM OF 3/4"), MINIMUM COVER OF 12".SEE DETAIL B, SHEET L-1.2. APPROVED SCH. 40 PVC WIRE SLEEVE, SIZED AS REQUIRED BY LOCAL CODE, UNLESS OTHERWISE NOTED.SEE DETAIL B, SHEET L-1.2. APPROVED SCH. 40 PVC LATERAL SLEEVE, SIZED AS REQUIRED, UNLESS OTHERWISE NOTED.SEE DETAIL B, SHEET L-1.2. M I C HYDROZONE LEGEND: HYDROZONE 1 (HZ1) MODERATE WATER USE SHRUBS, USING SUBSURFACE DRIP LINE IRRIGATION w/ 18" SPACING. HYDROZONE 2 (HZ2) MIXED LOW AND MODERATE WATER USE SHRUBS AND GROUNDCOVER, USING SUBSURFACE DRIP LINE IRRIGATION w/ 12" SPACING. PLAN CROSS REFERENCES: FOR NOTES AND LEGENDS, SEE THIS SHEET FOR DETAILS, SEE SHEETS L-1.2 & L-1.3 FOR SPECIFICATIONS, SEE SHEET L-3.1 FOR CORRESPONDING PLANTING PLAN SEE SHEET L-2.1 0 SCALE: 1" = 10' 5' 10'20'40'NORTHPIPE SIZING CHART: SCHEDULE 40 PVC 3/4" 0-8 GPM 1" 9-12 GPM 1 1/4" 13-22 GPM 1 1/2" 23-30 GPM 2" 31-50 GPM IRRIGATION NOTES: 1. THIS SYSTEM IS DIAGRAMMATIC. ALL PIPE, VALVES, ETC. SHOWN WITHIN PAVED AREAS ARE FOR DESIGN CLARIFICATION ONLY AND SHALL BE INSTALLED IN PLANTING AREAS WHEREVER POSSIBLE. 2.DO NOT WILLFULLY INSTALL THE SPRINKLER SYSTEM AS INDICATED ON THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD THAT UNKNOWN OBSTRUCTIONS OR GRADE DIFFERENCES EXIST AND SHOULD BE BROUGHT TO THE ATTENTION OF THE OWNER’S AUTHORIZEDREPRESENTATIVE. IN THE EVENT THAT THIS NOTIFICATION IS NOT PERFORMED, THE CONTRACTOR MUST ASSUME FULL RESPONSIBILITY FOR REVISIONS NECESSARY. 3. SYSTEM DESIGN IS BASED ON MINIMUM OPERATING PRESSURE SHOWN AT EACH POINT OF CONNECTION WITH MAXIMUM GPM DEMAND SPECIFIED. IRRIGATION CONTRACTOR SHALL VERIFY ALL PRESSURES ON SITE PRIOR TO CONSTRUCTION AND COMMUNICATE TOOWNER’S CONSTRUCTION REPRESENTATIVE. 4. IT IS THE RESPONSIBILITY OF THE IRRIGATION CONTRACTOR TO FAMILIARIZE THEMSELVES WITH ALL GRADE DIFFERENCES, LOCATION OF WALLS, RETAINING WALLS, CURBS, ETC. CONTRACTOR SHALL COORDINATE ALL CONTRACTOR WORK WITH THE GENERALCONTRACTOR AND OTHER SUB-CONTRACTORS FOR LOCATION OF PIPE SLEEVES THROUGH WALLS, UNDER ROADS, PAVING AND STRUCTURES. 5. MAINLINE FEEDER BETWEEN POINT OF CONNECTION, METER, AND BACKFLOW PREVENTER TO BE OF MATERIAL REQUIRED BY CURRENT WATER DISTRICT. 6. FINAL LOCATION OF THE AUTOMATIC CONTROLLER ENCLOSURE AND THE BACKFLOW PREVENTION DEVICE SHALL BE APPROVED BY THE CITY’S AND OWNER’S REPRESENTATIVE, AND/OR LANDSCAPE ARCHITECT, WHERE APPLICABLE. 7. IN ADDITION TO THE SLEEVES SHOWN ON THE PLAN, THE IRRIGATION CONTRACTOR SHALL BE RESPONSIBLE FOR THE INSTALLATION OF ADDITIONAL SLEEVES OF SUFFICIENT SIZE UNDER ALL PAVED AREAS PRIOR TO PAVING UPON APPROVAL OF THE OWNER’SREPRESENTATIVE, IF REQUIRED TO OPERATE SYSTEMS. 8. IRRIGATION CONTRACTOR SHALL FLUSH ALL LINES AND ADJUST ALL HEADS FOR MAXIMUM PERFORMANCE AND TO PREVENT OVER SPRAY ONTO WALKS, STREETS, AND BUILDINGS AS MUCH AS POSSIBLE. THIS SHALL INCLUDE SELECTING THE BEST NOZZLE RADIUS TO FITUNUSUAL SITE CONDITIONS FOR APPROVAL PURPOSES AT NO EXTRA CHARGE. CALL LANDSCAPE ARCHITECT 48 HOURS IN ADVANCE FOR ANY COVERAGE TESTS. 9. QUALITY CONTROL OBSERVATION SEQUENCES ARE FOUND IN THE SPECIFICATIONS. 10. CLEAN-UP ON A DAILY BASIS PER OWNER’S REPRESENTATIVE’S APPROVAL. Know what's below. before you dig.Call R PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 01 IRRIGATION PLAN EA L-1.1 3 2 VALVE CALLOUT CHART: TYPE PLANT SIZE GPM HZ SF 1 DRIPLINE SHRUB 1" 3 1 500 2 DRIPLINE SHRUB 1" 3 1 500 3 DRIPLINE SHRUB 1" 6 2 600 REFER TO IRRIGATION LEGEND FOR CONTROL VALVE MANUFACTURER, MODEL NUMBER, AND DESCRIPTION. # 1 TYPICAL POTABLE WATER COMMERCIAL EXISTING METER EXISTING RAIN SENSOR OFF-SITE CONTRACTOR TO VERIFY IF IT WORKS WITH NEW WEATHERTRAK EXSITING CONTROLLER OFF-SITE TO BE REPLACED WITH A NEW 24 STATION WEATHERTRAK GATE VALVE MAINLINE NOTE: EQUIPMENT AND SIZE PER IRRIGATION PLAN AND LEGEND. EXISTING BACK FLOW PREVENTION M C R POINT OF CONNECTION NOTE: POC APPROXIMATELY 600' EAST AT NEW ACCESS ROAD ON SOUTH SIDE. MASTER VALVE AND FLOW SENSOR LOCATED AT POC. CONNECT TO CONTROLLER ON NORTH SIDE AT ACCESS ROAD. TIE INTO EXISTING POINT OF CONNECTION TO EXISTING DOMESTIC WATER METER PROVIDED BY OTHERS DIRECTLY NORTH ON ADJACENT LOT. REFER TO EXISTING CITY UTILITY PLANS FOR ADDITIONAL INFORMATION. EXTEND NEW MAINLINE TO CONNECT TO EXISTING MAINLINE. CITY TO VERIFY LOCATION AND CONNECTION. CONTRACTOR TO COORDINATE WITH CITY FOR PROPER CONNECTION. STATIC WATER PRESSURE:101.20 PSI SYSTEM DESIGNED PRESSURE: 17.60 PSI w/ PRESSURE REGULATOR SET TO: 35.00 PSI MAXIMUM IRRIGATION DEMAND: 6 GPM EXISTING MAINLINE PRESSURE REGULATOR SLEEVING NOTE: INSTALL SLEEVES FOR MAINLINES AND LATERALS AT ALL HARDSCAPE CROSSINGS PRIOR TO HARDSCAPE INSTALLATION AND PLACEMENT. PROVIDE SEPARATE SLEEVES FOR CONTROL WIRES WHERE CROSSING PAVING. ALL SLEEVES CROSSING VEHICULAR PAVING SHALL HAVE A MINIMUM OF 24" COVER. MAINLINE AND P.O.C. NOTE: CONTRACTOR TO CONNECT NEW MAINLINE TO EXISTING SYSTEM POC LOCATED APPROXIMATELY 600' EAST-SOUTH SIDE OF ACCESS ROAD. CONTRACTOR TO EXTEND CONTROLLER WIRES TO CONNECT TO NEW VALVES AND COORDINATE WITH CITY FOR CONNECTION, FIELD VERIFY. REFER TO P.O.C. ENLARGEMENT NOTE THIS SHEET. OWNER NOTES THAT, IF DURING CONSTRUCTION ANALYSIS, IT IS FOUND THERE IS A CLOSER CONNECTION POINT THEN A CREDIT CHANGE ORDER WILL BE NEGOTIATED WITH THE CONTRACTOR. VALVE NOTE: ALL REMOTE CONTROL VALVES TO BE INSTALLED 6" AWAY FROM AND PARALLEL TO HOUSE OR WALL, BEHIND RETURN WALL OR FENCE, AND IN REAR YARDS. INSTALL ALL ANTI-SIPHON VALVES ON SCH. 80 PVC RISERS AS PER DETAILS.MV EXISTING MASTER VALVE EXISTING FLOW SENSOR IRRIGATION CONTROLLER NOTE: CONNECT IRRIGATION LINE TO EXISTING CONTROLLER LOCATION APPROXIMATELY 400' EAST ON NORTH SIDE OF ACCESS ROAD. REPLACE CONTROLLER AND CABINET W/ 24 STATION WEATHERTRAK CONTROLLER. SEE IRRIGATION LEGEND THIS SHEET FOR SPEC. FLUSH VALVE NOTE: FLUSH VALVES TO BE INSTALLED AT FURTHEST AND LOWEST END OF EACH RUN OF DRIPLINE. FLUSH VALVES TO BE LOCATED WITHIN EACH PLANTER AREA OF DRIPLINE SYSTEM. IRRIGATION NOTE: IRRIGATION LATERALS, MAINLINES, AND EQUIPMENT ARE SHOWN SCHEMATICALLY FOR VISUAL CLARITY ONLY. CONTRACTOR TO FIELD VERIFY LOCATIONS AND PLACE PER LOCAL CODE. EXISTING OFF-SITE EQUIPMENT NOTE: CONTRACTOR TO PROTECT EXISTING EQUIPMENT IN PLACE DURING NEW INSTALLATION, AND REPLACE ITEMS AS INDICATED ON THESE PLANS. CONTRACTOR TO ALSO VERIFY THAT EXISTING EQUIPMENT IS STILL IN WORKING ORDER AND COMPATIBLE WITH NEW EQUIPMENT. CITY APPROVAL REQUIRED BEFORE REPLACEMENT OF EXISTING EQUIPMENT. 425 PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 02 IRRIGATION DETAILS L-1.2 EA FLOW TOP VIEW LEGEND: 1. 12" ROUND PLASTIC VALVE BOX & COVER MARKED "B.V." 2. FINISH GRADE. 3. BALL VALVE. SEE IRRIGATION LEGEND FOR MODEL NO. 4. 3/4" GRAVEL BASE. 5. SCH. 80 PVC UNION. 6. SCH. 80 PVC MALE ADAPTORS (2). 7. SCHEDULE 80 PVC THREADED NIPPLE (3 LOCATIONS). SECTION VIEW6"MIN.18"MIN.1" IN LAWN AREAS 3" IN PLANT BEDS 1 BALL VALVEASCALE: 1 1/2" = 1'-0" NOTES: A. PLACE AGGREGATE PRIOR TO INSTALLATION OF VALVE BOX. 7 5 4 2 3 6 LEGEND: 1. PVC INPUT LATERAL FROM VALVE, SIZE AS NOTED ON IRRIGATION PLAN. 2. DRIPLINE PER IRRIGATION PLAN, EMITTERS AND SPACING BETWEEN LINES AS PER IRRIGATION LEGEND. 3. MANUAL 1/2" FLUSH VALVE, MODEL AS NOTED ON IRRIGATION PLAN. INSTALL IN PLANTER AREA AT LOW END FARTHEST FROM VALVE. SEE FLUSH VALVE DETAIL FOR INSTALLATION. 4. PVC EXHAUST HEADER, SIZE AS REQUIRED (3/4" MINIMUM). CONNECT TECHLINE TO PVC WITH PVC TEES AND COMPRESSION FITTINGS. GLUE ALL PVC-TO-PVC CONNECTIONS. 5. PVC COMPRESSION FITTINGS FOR ALL DRIPLINE-TO-DRIPLINE CONNECTIONS. 6. PLANTER AREA - SEE PLANS. 7. EDGE OF PLANTER AREA. 8. PVC FITTINGS, TYPE AND SIZE AS REQUIRED. GLUE ALL PVC-TO-PVC CONNECTIONS. USE COMPRESSION FITTINGS FOR ALL PVC-TO-DRIPLINE CONNECTIONS. 9. TIE DOWN STAKE, SPACING AT 2' O.C. MAX. 10. FINISH GRADE. NOTES: A. INSTALL LINES AT 3" BELOW SURFACE FOR TURF AREAS, 3" IN SHRUB AREAS. B. PVC FITTINGS, TYPE AND SIZE AS REQUIRED. C. GLUE ALL PVC-TO-PVC CONNECTIONS. D. USE COMPRESSION FITTINGS FOR ALL PVC-TO-DRIPLINE CONNECTIONS. E. USE UVR PVC MATERIAL FOR ALL ON GRADE MATERIAL. F. INSTALL IN-LINE CHECK VALVES FOR ALL CONDITIONS WHERE SYSTEM ELEV. EXCEED 4 1/2'. NO LOW HEAD DRAINAGE ALLOWED. SECTION PLAN DRIPLINE BELOW GRADEESCALE: N.T.S. 2 9 10 1 5 7 6 4 8 3 12"3" TO 6"(TYP.)2 TURF 3"8 6"AUTOMATIC FLUSH VALVEGSCALE: 1'-0" = 1'-0" 6"LEGEND: 1. 3/4" DIA. DRIP TUBE PER IRRIGATION PLAN. 2. AUTOMATIC FLUSH VALVE PER IRRIGATION PLAN. 3. 9" DIA. PLASTIC VALVE BOX WITH PURPLE LID. 4. 6" LAYER OF AGGREGATE. 5. COMPACTED SUBGRADE. 6. FINISH GRADE. 6 3 5 2 4 5 1 3 PRESSURE REGULATORCSCALE: 1 1/2" = 1'-0" LEGEND: 1. ROUND CONCRETE VALVE BOX & GREEN LOCKING COVER MARKED "PRESSURE REGULATOR". 2. FINISH GRADE. 3. PRESSURE REGULATOR. SEE IRRIGATION LEGEND FOR MODEL. 4. 2" COPPER PIPE, TYPE K. 5. 3/4" GRAVEL BASE. 6. 2" BRASS MALE ADAPTER. FLOW 6" MIN.1"18" MIN.1" IN LAWN AREAS 3" IN PLANT BEDS 1 2 4 4 5 6 6 LEGEND: 1. PLASTIC VALVE BOX W/ GREEN LOCKING COVER, ETCHED "QC" (CARSON OR EQUAL). 2. FINISH GRADE. 3. QUICK COUPLING VALVE W/ LOCKING RUBBER CAP PER IRRIGATION LEGEND. 4. STAINLESS STEEL SCREW CLAMP, MIN. (3) PLACES. 5. 3/4" WASHED CRUSHED AGGREGATE BASE. 6. SPEARS SCH. 80 PRE-MANUFACTURED SWING JOINT RISER ASSEMBLY. 7. PRESSURE SUPPLY LINE FITTING. 8. PRESSURE SUPPLY LINE. 9. #4 REBAR STAKE (24" LONG). 10. STRUCTURE, OR ADJACENT PAVING. QUICK COUPLERFSCALE: 1" = 1'-0" NOTES: A. PLACE AGGREGATE PRIOR TO INSTALLATION OF VALVE BOX.6" MIN.18" MIN.AT GRADE IN TURF3" IN SHRUB BED6" MIN. 18" MAX.2"2 3 1 10 4 9 5 6 8 6 6 7 LEGEND: 1. MULCH BED. 2. FINISH GRADE. 3. PVC LATERAL LINE, SIZE PER PLAN. 4. AUTOMATIC CONTROL VALVE PER IRRIGATION PLAN. 5. PRESSURE REGULATING, QUICK CHECK BASKET FILTER. 6. WATERPROOF WIRE CONNECTORS PER IRRIGATION SPECIFICATIONS. 7. PILOT WIRE. 8. APPROVED YELLOW PLASTIC CHRISTY VALVE I.D. TAG. 9. 3/4" CRUSHED GRAVEL, 3 CU. FT. MINIMUM. 10. BRICK SUPPORT, (4) REQUIRED. 11. RECTANGULAR VALVE BOX w/ BOLT DOWN COVER PER SPECIFICATIONS. 12. PVC UNION FOR SERVICING ASSEMBLY. 13. BALL VALVE. 14. CONTROL WIRE EXPANSION LOOP. 15. PRESSURE MAINLINE. 16. PVC SCH. 80 TEE. 17. PVC SCH. 80 ELBOW. 18. PVC SCH. 80 NIPPLE. REMOTE CONTROL DRIP VALVEDSCALE: 1" = 1'-0" NOTES: A. INSTALL VALVES MIN. OF 2' APART, AND A MIN. OF 2' FROM STRUCTURES AND HARDSCAPE IN SHRUB AREAS. B. PLACE 3/4" CRUSHED GRAVEL PRIOR TO INSTALLATION OF VALVE BOX. C. PLACE VALVE BOX AT RIGHT ANGLE TO ADJACENT HARDSCAPE OR STRUCTURE. D. PROVIDE PLASTIC VALVE CHRISTY I.D. TAGS PER SPECIFICATIONS. E. HEAT BRAND BOX 'DRIP RCV'. F. USE NON-HARDENING TEFLON PIPE SEALANT ON ALL THREADED CONNECTIONS. 1 3 5 12 112 18 17 18 6 4 15 16 7 14 13 8 9 10 2" CLRTRENCHING SECTION LEGEND: 1. NON-PRESSURE LATERAL LINE. 2. PRESSURE SUPPLY LINE. 3. CONTROL WIRES. 4. CLEAN BACKFILL - 90% COMPACTION REQUIRED. 5. 6" MIN. SAND BEDDING AND SHADDING. 6. 2" MIN. OF CLEAN EARTH. 7. NON-PRESSURE LATERAL LINE SLEEVE - SIZE TWICE DIAMETER OF NON-PRESSURE LATERAL LINE. 8. PRESSURE SUPPLY LINE SLEEVE - SIZE TWICE DIAMETER OF PRESSURE SUPPLY LINE. 9. CONTROL WIRE SLEEVE - SIZE PER PLAN, INSTALL ADJACENT TO PRESSURE SUPPLY LINE. 10. FINISH GRADE. 11. HARDSCAPE PER CONSTRUCTION PLANS. 9 TRENCHING & SLEEVINGBSCALE: 1/4" = 1'-0" TRENCHING NOTES: A. BELOW PAVED AREAS A MINIMUM OF 6" LAYER OF CLEAN EARTH SHALL BE INSTALLED ABOVE AND BELOW PIPING. B. PROVIDE MINIMUM COVER OF 24" ON PRESSURE SUPPLY LINES 3" AND LARGER. C. WHEN USING RECLAIMED WATER, MAINTAIN MINIMUM OF 10' HORIZONTAL SEPARATION BETWEEN POTABLE AND RECLAIMED PRESSURE LINES WHERE LINES CROSS, PROVIDE PVC SLEEVE FOR POTABLE LINE MINIMUM 5' EACH SIDE OF RECLAIMED WATER LINE. D. BUNDLE WIRES WITH TAPE EVERY 10'. SLEEVING SECTION 6" TYP 2"3"2'-0"MIN.SLEEVING NOTES: A. ALL SLEEVES TO BE SCH. 40 PVC. B. EXTEND ALL SLEEVES 12" BEYOND EDGE OF HARDSCAPING AT BOTH ENDS. C. ROUTE SLEEVING ALONG HANDICAP RAMP. D. PIPING UNDER PAVEMENT SUSCEPTIBLE TO TRAFFIC LOADS REFER TO CITY STD. 24" MIN. TO 36" MAX. DEPTH TO TOP OF PIPE BELOW STRUCTURAL SECTION. 4 11 5 7 8 AS REQUIRED 106" TYP 1'-0"MIN.18"MIN.2 6 1 3 4 LEGEND: 1. STAINLESS STEEL 16" TOP ENTRY CONTROLLER ASSEMBLY NEMA 3R RAINPROOF ENCLOSURE (UL LISTED). 2. CONTROLLER PER LEGEND. 3. POWER SWITCH / GFI RECEPTACLE. 4. MASTER VALVE RELAY ASSEMBLY OR PUMP START RELAY ASSEMBLY (OPTIONAL). 5. TERMINAL BOARD. 6. REMOTE ACCESS CONNECTOR (OPT). 7. 1" PVC CONDUIT FOR 120 VAC FROM METERED POWER SUPPLY. 8. PVC CONDUIT FOR CONTROL WIRES, SIZE AS REQUIRED. 9. 1" PVC CONDUIT FOR FLOW SENSOR CABLE. PAIGE CABLE P-7162-D (IF APPLICABLE). 10. CONTROLLER MOUNTING PAD ALUMINUM POWDERCOATED 20"x30" PREFORMED PAD. 11. MOUNTING PAD BASE. 12. MOUNTING PAD MOUNTING BRACE. 13. FINISH GRADE 2" BELOW TOP OF MOUNTING PAD. 14. FILL VOID W/ 3/8" PEA GRAVEL. 15. 90% COMPACT SUBGRADE. TOP ENTRY CONTROLLERHSCALE: 3/4" = 1'-0" NOTES: A. ALL GROUNDING REQUIREMENTS FOR CONTROLLER ASSEMBLIES SHALL CONFORM TO LOCAL ELECTRICAL CODES. 3 4 8 7 14 1212 5 66 9 10 11 16"38"2"2 1 13 15 426 PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 03 IRRIGATION DETAILS L-1.3 CONTROLLER CHARTSBSCALE: N.T.S. WATER BUDGETCSCALE: N.T.S. WATER PRESSURE CALCULATIONDSCALE: N.T.S. EA MAINTENANCE SCHEDULEASCALE: NONE USED IRRIGATION SHALL BE MAINTAINED TO ENSURE WATER EFFICIENCY WEEKLY ITEMS: 1. VISUALLY MONITOR IRRIGATION SYSTEM FOR SUDDEN LINE BREAKS OR HEAD DAMAGE. MONTHLY ITEMS: 1. TEST AND INSPECT EACH VALVE. ADJUST AND REPAIR HEADS, VALVES, PIPING AS NEEDED TO KEEP SYSTEM IN COMPLETE WORKING ORDER. 2. INSPECT RAIN SENSOR TO INSURE PROPER SHUT OFF OPERATION. 3. FOR DRIP SYSTEMS, EXAMINE AND CLEAN ALL FILTERS, REPLACE FILTER SCREENS IF NECESSARY. MANUALLY FLUSH EACH DRIP VALVE. PERFORM A WALK-THROUGH TO LOOK FOR SIGNS OF PLANT WATER STRESS. ADJUST, CLEAN OR REPLACE EMISSION DEVICES AS REQUIRED. ALL REPLACEMENT PARTS AND EQUIPMENT AS NEEDED SHALL MATCH ORIGINAL EQUIPMENT OR AN APPROVED EQUAL (CITY LANDSCAPE ARCHITECT APPROVAL) QUARTERLY ITEMS: 1. ADJUST IRRIGATION CONTROLLER PROGRAMMING AS NECESSARY TO ACCOMMODATE FOR SEASONAL WATER NEEDS. 427 STOPSTOP EXISTING GARAGELOT 5 EXISTING SINGLE STORY RESIDENCE LOT 5 EXISTING SINGLE STORY RESIDENCE EXISTING GARAGE LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS CP LS PLANTING LEGEND: SYMBOL BOTANICAL NAME COMMON NAME SIZE SPACING WATER QTY USE SHRUBS: Muhlenbergia capillaris Pink Muhly 1 Gal. 36" O.C. L 12 Ligustrum japonicum Japanese Privet 5 Gal. 60" O.C. M 53 GROUNDCOVER: Carex pansa Sand Dune Sedge Plugs 12" O.C. M 426 S.F. 492 E.A. PLAN CROSS REFERENCES: FOR NOTES AND LEGENDS, SEE THIS SHEET FOR DETAILS, SEE SHEET L-2.2 FOR SPECIFICATIONS, SEE SHEET L-3.2 FOR CORRESPONDING IRRIGATION PLAN SEE THIS SHEET L-1.1 PLANTING NOTES: 1. SHRUB LAYOUT AS SHOWN ON PLAN INDICATES "SHRUB MASSES." QUANTITIES ARE AS SHOWN ON PLAN, ON-CENTER SPACING AS SHOWN ON LEGEND. CONTRACTOR TO VERIFY QUANTITIES BASED ON SPACING AND ADD ADDITIONAL PLANT MATERIAL (AT NO ADDITIONAL COST TO THE OWNER)REQUIRED TO MAINTAIN DESIGN INTENT DUE TO EXISTING SITE CONDITIONS NOT ANTICIPATED DURING DESIGN. LAYOUT/SPACING WILL EITHER BE TRIANGULAR OR LINEAR AS SHOWN ON PLAN OR LEGEND. LANDSCAPE ARCHITECT TO APPROVE FINAL LAYOUT IN FIELD PRIOR TO INSTALLATION. 2. CONTRACTORS SHALL NOTIFY THE LANDSCAPE ARCHITECT OF SITE CONDITIONS WHICH PREVENT INSTALLATION PER PLANS AND SPECIFICATIONS. 3. CONTRACTOR SHALL BE LIABLE FOR REMOVING AND RE-INSTALLING IRRIGATION EQUIPMENT, AND REPLANTING AREAS WHICH ARE NOT INSTALLED PER PLAN AND SPECIFICATIONS. 4. REFER TO PLANTING SPECIFICATIONS FOR INSPECTION/CERTIFICATION SCHEDULE. 5. IRRIGATION SYSTEM SHALL BE INSTALLED AND OPERATIONAL PRIOR TO INSTALLATION OF PLANT MATERIALS. 6. TREES AND SHRUBS SHALL BE PLANTED AFTER CONCRETE PLACEMENT, BUT NOT BEFORE IRRIGATION COVERAGE TEST NO. 1 HAS BEEN APPROVED. (SEE SPECIFICATIONS). 7. PLACE TREES BETWEEN IRRIGATION HEADS WHEREVER POSSIBLE. 8. LANDSCAPE CONTRACTOR SHALL TAKE FOUR (4) SOIL SAMPLES FROM THE SITE AT LOCATIONS APPROVED BY THE LANDSCAPE ARCHITECT. THE SAMPLES SHALL BE TAKEN AT A DEPTH OF 12' AFTER ROUGH GRADING AND SUBMITTED TO AN APPROVED SOIL AND PLANT LABORATORY FORAGRICULTURAL SUITABILITY TESTING. THE COST OF TESTING SHALL BE INCLUDED IN THE CONTRACTOR'S BID. CONTRACTOR SHALL AMEND THE SOIL PER THE SOIL TEST RECOMMENDATIONS. 9. THE RECOMMENDATIONS OF THE SOIL REPORT SHALL SUPERSEDE THE SOIL PREPARATION AND BACKFILL MIX SPECIFICATIONS (SEE SPECIFICATIONS). THE CONTRACTOR SHALL SUBMIT A COPY OF ALL SOILS REPORTS TO THE LANDSCAPE ARCHITECT PRIOR TO MODIFICATION OF THESESPECIFICATIONS. CONTRACTOR SHALL AMEND THE SOIL PER THE SOIL TEST RECOMMENDATIONS. 10. SHREDDED MULCH INSTALLATION: INSTALL SHREDDED MULCH IN ALL SHRUB AND GROUNDCOVER AREAS PER SPECIFICATIONS UNLESS OTHERWISE INDICATED ON PLANS. 11. CONTRACTOR IS RESPONSIBLE FOR ALL REPAIRS AND/OR REPLACEMENT OF ANY DAMAGED LANDSCAPE AREAS BEYOND THE LIMIT OF WORK, INCLUDING REPAIRING ANY IRRIGATION LINES/SPRINKLER HEADS, THAT IS A DIRECT RESULT OF THE LANDSCAPE CONSTRUCTION AND/OR THEIRSUB-CONTRACTOR. REPLACEMENT ITEMS SHALL BE EXACT DUPLICATION OF ORIGINAL WORK OR PLANTS, UNLESS OTHERWISE APPROVED BY THE LANDSCAPE ARCHITECT. 12. WHEREVER GROUNDCOVER AREAS ARE ADJACENT TO TURF INSTALL CONCRETE MOW STRIP OR HEADER BOARD AS INDICATED ON DRAWINGS. 13. CLEAN-UP SHALL TAKE PLACE ON A DAILY BASIS UNLESS OTHERWISE APPROVED BY THE OWNER'S REPRESENTATIVE. 14. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAINTAIN ALL GRADES AND FLOW LINES AS SHOWN ON THE GRADING PLAN. WHERE SOD IS TO BE INSTALLED ON A SWALE,THE FINISH GRADE MUST BE ADJUSTED SO THE SOD DOES NOT RESTRICT THE FLOW. TREES CALL-OUT SYMBOL SIZE (gal./box) SHRUBS CALL-OUT SYMBOL QUANTITY YZ #T-# # # SYMBOL LEGEND: 0 SCALE: 1" = 10' 5' 10'20'40'NORTH04 PLANTING PLAN EA Know what's below. before you dig.Call R PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 L-2.1 119 sfCP 178 sfCP 129 sfCP PHOTO SUBMITTAL NOTE: ALL PLANT MATERIAL, INCLUDING TREES, SHRUBS, AND VINES, SHALL BE INSPECTED AND APPROVED BY LANDSCAPE ARCHITECT, VIA PHOTO SUBMITTALS, PRIOR TO DELIVERY TO SITE. PHOTO SUBMITTALS SHALL INCLUDE NURSERY SUPPLIER AND DATE OF PHOTOS. ANY MATERIAL DELIVERED TO SITE WITHOUT APPROVAL IS SUBJECT TO REJECTION. PHOTO SUBMITTALS SHALL BE SENT TO LANDSCAPE ARCHITECT A MINIMUM OF 48 HOURS PRIOR TO SHIPMENT OF MATERIAL. SUBMITTALS SHOULD INCLUDE SOME TYPE OF SCALE REFERENCE IN PHOTO (I.E. PERSON, MEASURING TAPE, ETC.). TREES SHALL BE NOTED WITH HEIGHT (FROM FINISH GRADE IN CONTAINER) AND CANOPY HEAD SIZE. LANDSCAPE ARCHITECT SHALL BE NOTIFIED OF SCHEDULED NURSERY DELIVERY TIMES A MINIMUM OF 24 HOURS PRIOR TO SHIPMENT. REFER TO PLANTING SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS REGARDING QUALITY OF NURSERY STOCK. MULCH NOTE: CONTRACTOR SHALL INSTALL A 3" LAYER OF CHIPPED MULCH IN ALL SHRUB AREAS (1 1/2 " IN ALL GROUNDCOVER AREAS). MULCH SHALL BE 'FOREST FLOOR OR EQUAL' AVAILABLE AT PEACH HILL SOILS, MOORPARK, CA, CONTACT: (805) 529-6164. SUBMIT SAMPLE OF ANY ALTERNATIVE MATERIAL PRIOR TO PURCHASE AND/OR PLACEMENT FOR OWNER'S REPRESENTATIVE'S APPROVAL. PLANT SPACING NOTE: SHRUB LAYOUT AS SHOWN ON PLAN INDICATES "SHRUB MASSES." QUANTITIES ARE AS SHOWN ON PLAN, ON-CENTER SPACING AS SHOWN ON LEGEND. CONTRACTOR TO VERIFY QUANTITIES BASED ON SPACING AND ADD ADDITIONAL PLANT MATERIAL, AT NO ADDITIONAL COST TO THE OWNER, AS REQUIRED TO MAINTAIN DESIGN INTENT DUE TO EXISTING SITE CONDITIONS NOT ANTICIPATED DURING DESIGN. LAYOUT/SPACING WILL EITHER BE TRIANGULAR OR LINEAR AS INDICATED ON PLAN OR LEGEND. LANDSCAPE ARCHITECT IS TO APPROVE FINAL LAYOUT IN FIELD PRIOR TO INSTALLATION. SOILS AND SOIL TEST NOTE: LANDSCAPE CONTRACTOR SHALL TAKE (4) SOIL SAMPLES FROM THE SITE AT LOCATIONS APPROVED BY THE LANDSCAPE ARCHITECT. THE SAMPLES SHALL BE TAKEN AT A DEPTH OF 12" AFTER ROUGH GRADING AND SUBMITTED TO AN APPROVED SOIL AND PLANT LABORATORY FOR AGRICULTURAL SUITABILITY TESTING. THE COST OF TESTING SHALL BE INCLUDED IN THE CONTRACTORS BID. THE CONTRACTOR SHALL AMEND THE SOIL PER THE SOIL TEST RECOMMENDATION 428 PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 05 PLANTING DETAILS L-2.2 LEGEND: 1. ROOTBALL. 2. UNDISTURBED NATIVE SUBGRADE. 3. BACKFILL MIX PER PLANTING SPECIFICATIONS. 4. FERTILIZER TABLETS PER SPECIFICATIONS. 5. PLANT PIT TWICE ROOTBALL WIDTH AND 6" BELOW BOTTOM OF ROOTBALL. 6. 3" BERM TO FORM WATERING BASIN. NOTES: A. UNTANGLE MATTED ROOTS BY LOOSENING ALL ROOTS AT EDGE OF ROOTBALL WITH WATER FROM HOSE. DO NOT CRACK ROOTBALL. B. PLACE FERTILIZER TABS IN PLANT CONTAINER PRIOR TO PLANTING FOR OBSERVATION PURPOSES. 6 1 3 4 5 2 SHRUB PLANTINGASCALE: 1'-0" = 1'-0" LEGEND: 1. BACK OF CURB OR EDGE OF PAVING. 2. PLANT LOCATION. LEGEND: A. ALL SHRUBS/GROUNDCOVER SHALL BE PLANTED AT EQUAL SPACING(TRIANGULAR) UNLESS OTHERWISE INDICATED IN PLANS. SEE PLANTING LEGEND FOR SPACING REQUIREMENTS.EQUALEQUALEQUALEQUAL 21 SHRUB/GROUNDCOVER SPACINGBSCALE: 1'-0" = 1'-0" LEGEND: 1. HARDSCAPE / HEADER BOARD. 2. SHREDDED MULCH (MEDIUM GRIND). NO WOOD CHIPS. KEEP MULCH 3" CLEAR OF PLANT STEM, 6" FROM TREE TRUNK. 3. FINISH GRADE. 4. SHOVEL CUT DEEPENED EDGE ADJACENT TO PAVING. 5. MULCH DEPTH TO BE 3" AT SHRUB AREAS AND 1" AT GROUNDCOVER AREAS. NOTES: A. MULCH UNDER TREES AND SHRUBS, AND BLEND INTO EDGES AT GROUNDCOVER AREAS. 1 2 4 3 5 1'-0" MULCHCSCALE: 1 1/2" = 1'-0" EA MAINTENANCE SCHEDULEDSCALE: NONE USED WEEKLY ITEMS: 1. MOW GRASS TO HEIGHT OF 1". 2. REMOVE LEAF LITTER AND DEBRIS FROM BEDS. MONTHLY ITEMS: 1. PRUNE GROWTH OF SHRUBS & GROUND COVERS AS NECESSARY TO KEEP NEAT AND COMPACT, ELIMINATE IRRIGATION APPLICATION INTERFERENCE. EDGE GROUNDCOVER PLANTS TO KEEP WITHIN PLANT ZONES. SEE ANNUAL ITEMS FOR GRASS-LIKE PLANTS. 2. REPLACE ANY SHRUB OR GROUND COVER THAT HAS DIED OR FAILS TO THRIVE w/ IDENTICAL PLANT MATERIALS OR THOSE WITH SIMILAR WATER REQUIREMENTS. 3. FERTILIZE ALL LAWN AND GROUND COVER AREAS w/ ORGANIC FERTILIZER, REFER TO SOILS REPORT TO APPLICATION TYPE AND RATE. 4. REPLENISH MULCH BEDS AS NEEDED w/ SPECIFIED MULCH TO MAINTAIN ORIGINAL THICKNESS OF 3". 5. REMOVE ALL WEEDS, LITTER, DEBRIS FROM SHRUB, MULCH AND GROUND COVER AREAS. 6. INSPECT AND TREAT PLANT MATERIAL FOR DISEASE AND/OR PEST PROBLEMS. QUARTERLY ITEMS: 1. CHECK TREE GROWTH. PRUNE TREES TO THIN STRUCTURE, SHAPE, REMOVE SUCKERS AND ANY DEAD OR BROKEN BRANCHES. 2. AERATE AND DE-THATCH TURF AREAS. DO NOT HEDGE PLANTS UNLESS SPECIFIED BY DEVELOPER. 429 PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 06 IRRIGATION SPECIFICATIONS L-3.1 LANDSCAPE IRRIGATION SYSTEM PART 1 – GENERAL Refer to standard contract document for non-technical contractual requirements and conditions. 1.01 SCOPE OF WORK Furnish labor, materials, equipment, appliances and services necessary for the execution and completion of “Landscape Irrigation” as indicated on the drawings and/or herein specified. PART 2 - MATERIALS Materials shall be on first quality and of domestic manufacture unless otherwise noted. 2.01 SUBMISSION FOR APPROVAL Furnish the articles, equipment, materials, or processes specified by name on the drawings and in specifications. No substitutions will be allowed without prior written approval of the Owner’s Representative. A. A complete material list shall be submitted to the Owner’s Representative prior to performing any work. Catalog data and full descriptive literature must be submitted whenever the use of items different than those specified is requested. Notarized certificates must be submitted by plastic pipe and fitting manufacturer indicating that material complies with specifications, unless material has been previously approved. B. The material list shall be submitted using the following layout (double space between each item): Item No. / Description Manufacturer Model # 1. Pressure Supply Lines Lasco Schedule 40 2. Lawn Head Buckner #404 3. Etc. C. Equipment or materials installed or furnished without the prior approval of the Owner’s Representative may be rejected and such material removed from the site at no expense to the Owner. D. Approval of any items, alternates, or substitutes indicates only that product(s) apparently meet the requirements of the drawings and specifications on the basis of the information or samples submitted. E. Manufacturer’s warranties shall not relieve liability under the guarantee. Such warranties shall only supplement the guarantee. The Owner’s Representative may, at his option, require a manufacturer’s warranty on any product offered for use. 2.02 GENERAL PIPING A. Pressure supply line from point of connection through backflow prevention unit shall be per local code. Pressure supply lines downstream of backflow prevention unit shall be per the legend. B. Non-pressure lines shall be Class 200 PVC pipe 2.03 PLASTIC PIPE AND FITTINGS A. All pipe shall be extruded of an improved PVC virgin pipe compound featuring high tensile strength, high chemical resistance and high impact strength. In terms of the current ASTM Standard D-1769 or D-2241, this compound shall meet the requirements of cell classification 12454B for pipe and 13454B for fittings. This compound must have a 2,000 psi hydrostatic design stress rating. B. All pipe must bear the following markings: Manufacturer’s name, nominal pipe size, schedule or class, pressure rating in P.S.I. and NSF (National Sanitation Foundation). The manufacturer shall also mark the date of extrusion of the pipe. C. Solvent cement joints for plastic pipe and fittings shall be made as prescribed by the manufacturer. The high chemical resistance of the pipe and fitting compounds specified in the foregoing sections makes it mandatory that an aggressive primer, which is a true solvent of PVC, be used in conjunction with solvent cement designed for the fit of the pipe and the fittings of each size range specified. D. Each pipe installer expected to make solvent points shall receive instructions in the proper assembly of such joints from the representative of pipe, cement, or fitting manufacture before starting the job, unless he has been previously instructed on recommended solvent cementing procedures by a competent representative of the manufacturer. E. All fittings shall be standard weight schedule 40. At the purchaser’s discretion, contract preference may be given those suppliers able to furnish all types of fittings required under this contract from a single manufacturer, in order that responsibility will not be divided in warranty claim situations. F. All fittings shall be injected molded of an improved PVC fittings compound featuring high tensile strength, high chemical resistance, and high impact strength. In terms of the current ASTM Standard D-1784-69, the compound must meet the requirements described in cell classification 12454B. Where threads are required in plastic fittings, these shall be injection molded also. All tees and ells shall be side gated. G. Apply primer and solvent on all pipe sizes and fittings. Primer solvent on both female and male ends. H. All threaded nipples shall be standard weight Schedule 80, with molded threads. I. All fittings shall bear the company’s name and trademark, material designation, size applicable I.P.S. schedule, and NSF deal of approval. 2.04 PVC CONDUIT/SLEEVING Pipe that is used for control wire sleeving shall be PVC conduit Schedule 40: Type 1220. All wires under paving shall be installed in PVC conduit, or sleeves as indicated in details and legend. 2.05 RING-TITE PVC PIPE A. All pipe indicated on the working drawings, shall be Class 160 PSI Johns-Manville PVC pipe with ring-tite joints. B. All ring-tite joints shall be sealed with rubber rings as provided by the manufacturer. All pipe joints shall provide for expansion and contraction. C. Thrust blocks shall be provided as required for proper anchorage and durability of the ring-tite pipe. (Refer to Details) 2.06 BRASS PIPE AND FITTINGS (if required) A. Brass pipe shall be 80% red brass. American National Standard Institute (ANSI), Schedule 40 screwed pipe. Fittings shall be medium brass, screwed 125 pound class. 2.07 BACKFLOW PREVENTION UNIT: See plan for type, manufacturer and size. 2.08 QUICK COUPLING VALVES A. The body of the valve shall be red brass with a wall thickness guaranteed to withstand normal working pressure of 150 PSI without leakage. Valve shall have a 3/4-inch female threaded opening at base. B. Hinge cover shall be red brass with a rubber-like vinyl cover bonded to it in such a manner that it becomes a permanent-type cover, yellow in color. Hinge shall be locking type. C. Quick couplers shall be installed as indicated on Plan and Details. 2.09 AUTOMATIC CONTROL VALVES, ELECTRICAL A. Valve shall be per legend. B. Valve shall be capable of being operated in the field without electricity at the controller, by a bleeding valve. C. Valve shall be completely serviceable in the field without removing valve body from the line. D. Valve shall be installed in a shrub area whenever possible and installed according to construction detail. 2.10 GATE VALVES Approved gate valves shall be Nibco T-113 or Hammond 606-32 with bronze turning handles. Size and location shall be as indicated on Plan. 2.11 VALVE BOXES All remote control valves, gate valves, and pressure relief valves shall be installed in suitable valve boxes as shown in details, complete with locking covers. All shall be ‘Christie’ or an approved equal. Install tags. 2.12 AUTOMATIC CONTROLLER A. The Automatic Sprinkler Controller shall be as noted in the legend. B. All wiring to and from the controller shall be through color-coded plugs and sockets. The controller shall be locking, weather-proof type, constructed of heavy gauge steel with corrosion resistant enamel finish inside and out. 2.13 ELECTRICAL, HIGH VOLTAGE A. Power to and connection to the automatic controller shall be provided by the Owner. B. All electrical equipment outside of buildings shall be Nema 3 type, waterproof for such installation. C. All high voltage work shall be installed under this section. Refer to Wiring, Low Voltage for additional information. 2.14 WIRING, LOW VOLTAGE A. Connections between the controller and remote control valves shall be made with direct burial A WG-UF type wire, installed in accordance with valve manufacturer’s specifications. Wire color: black or color coded for control, white for ground. B. Sizing of wire shall be according to manufacturer recommendations, in no case less than #14 in size. 2.15 SMALL SHRUBBERY SPRINKLER HEADS See irrigation plan legend for manufacturer and model numbers. PART 3 – EXECUTION 3.01 GENERAL A. Materials shall be of first quality and of domestic manufacturer unless otherwise noted. B. Coordinate the installation of all sprinkler materials, including pipe, with the landscape drawings, to avoid interfering with the trees, shrubs, or other planting. C. For purpose of legibility, sprinkler lines are essentially diagrammatic. Although size and location of sprinkler equipment are drawn to scale whenever possible, make use of all data in all of the contract documents and verify this information at construction site. D. All work called for on the drawings by notes shall be furnished and installed whether or not specifically mentioned in the specifications. E. Do not willfully install the sprinkler system as indicated on the drawings when it is obvious in the field that unknown obstructions or grade differences exist, that might not have been considered in the engineering or if discrepancies in construction details, legend, or specific notes are discovered. All such obstructions or discrepancies should be brought to the attention of the Owner’s Representative. In the event this is not done, the Contractor must assume full responsibility for revisions necessary. Before any work commences, confer with the Owner’s Representative regarding general details of work of this contract. 3.02 OBSERVATION SCHEDULE A. Contractor will be responsible for notifying the Landscape Architect and Owner’s Representative in advance for the following observations according to the time indicated: 1. Pre-job Conference – 7 days 2. Pressure supply line installation and testing – 36 hours 3. System layout – 36 hours 4. Coverage tests – 36 hours 5. Final Inspection – 48 hours B. When observations have been conducted by other than the regular Owner’s Representative, show evidence of when and by whom these observations were made. C. No observations will commence without as-built drawings. 3.03 WATER SUPPLY Connections to the existing points of connection shall be at the approximate locations shown on the drawings. Minor changes caused by actual site conditions shall be made without additional cost to the Owner. 3.04 LAYOUT Layout sprinkler heads and make any minor adjustments required due to differences between site and drawings. Any such deviations in layout shall be within the intent of the original drawings, and without additional cost to the Owner. Layout shall be approved by the Owner’s Representative before installation. 3.05 GRADES Before starting work on the sprinkler system, carefully check all grades to determine that work may safely proceed, keeping within the specified material depth. 3.06 ASSEMBLIES A. Install the backflow assembly at the height required by local codes. B. Routing of pressure supply lines as indicated on drawings is diagrammatic. Install lines (and various assemblies) to conform with details on plans. C. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet. When called for, the pressure relief valve shall be the last assembly. 3.07 LINE CLEARANCE All lines shall have a minimum clearance of 4 inches from each other, and 6 inches from lines of other trades. Parallel lines shall not be installed directly over one another. 3.08 TRENCHING A. Dig trenched and support pipe continuously on bottom of ditch. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on drawings and as noted. Where lines occur under paved area, these dimensions shall be considered below subgrade. B. Provide minimum cover of 18 inches on all pressure supply lines. C. Provide minimum cover of 18 inches for all control wires. Provide minimum cover of 12 inches for non-pressure lines. D. Provide minimum cover of 24 inches for all lines under paving. 3.09 BACKFILLING A. Initial backfill on all lines shall be of a fine granular material with no foreign matter larger that 1/2-inch in size. Backfill material shall be approved soil. B. Backfill material shall be tamped in 4-inch layers, under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Materials shall be sufficiently damp to permit thorough compaction under and on each side of pipe, to provide support free of voids. Backfill for trenching shall be compacted to dry density equal to the adjacent undisturbed soil, and shall conform to adjacent grades without dips, sunken areas, humps, or other irregularities. Under no circumstances shall truck wheels be used for compacting soil. C. Provide sand backfill a minimum of 6 inches over and under all piping under paved areas. 3.10 PVC PIPE A. PVC pipe shall be snaked in a manner which will provide for expansion and contraction as recommended by the pipe manufacturer. B. All plastic to metal joints shall be made with plastic male adaptors, unless otherwise shown in details. C. The joints shall be allowed to set at least twenty-four (24) hours before pressure is applied to the PVC pipe system. D. Main lines shall be tested in place before backfilling for a period of not less than four (4) hours and shall show no leakage or loss of pressure. During the test period, minimum test pressure, at the highest point of the section being tested, shall be 150 pounds per square inch. Center filling of pipe lengths is allowed. E. After all new sprinkler piping and risers are in place and connected, all necessary work has been completed and prior to the installation of sprinkler heads, control valves shall be opened and a full head of water used to flush out the system for a minimum of five (5) minutes. F. At the conclusion of a system flushing, the heads shall be installed and tested for operation in accordance with design requirements under normal operating pressure. Contractor shall verify head pressures with pitot tube and adjust valve to correspond with design pressure. 3.11 INSTALLATION OF RING-TITE PVC PIPE A. Except as may be noted in other parts of the Specifications or on the drawings, installation of Ring-Tite pipe and connecting fittings shall be outlined in manual as furnished by pipe manufacturer, or as set forth by the Johns-Mansville Company Manual #772-62A. This shall include, but not be limited to, the installation of the pipe at the proper depth and the correct location of concrete thrust blocks of adequate sizes. Contractor shall make available the services of the manufacturer's representative at the start of the installation and during construction. B. Each line shall be tested at a pressure 50 PSI greater than the manufacturer's recommended working pressure for a period of four (4) hours, with the couplings and connections exposed and with the center of pipe section sufficiently supported and filled to hold pipe in place. 3.12 SPRINKLERS A. All nozzles on sprinklers shall be tightened after installation. All sprinklers having an adjustment stem shall be adjusted on a lateral line for the proper radius, diameter and/or gallonage per approval of the Owner's Representative. B. Sprinkler heads and risers shall be installed according to details for final approval. C. Spacing of heads shall not exceed the maximum indicated on the drawings. In no case shall the spacing exceed the maximum recommendation by the manufacturer. 3.13 VALVES A. Quick coupling valves shall be set approximately 12" from walks, curbs, header boards, or paved areas where designed. Refer to installation detail. Place quick couplers in valve boxes. B. Remote control valves shall be adjusted in order that a uniform distribution of water is applied by the sprinkler heads to the planting areas for each individual valve system. 3.14 VALVE BOXES A. Valve boxes shall be set one inch (1") above the designated finish grade in lawn areas and three inches (3") above finish grade in ground cover areas. B. Valve boxes installed near walks, curbs, header boards, and paving shall not abut those items. Top surfaces shall be flush with, and perpendicular to, items listed above. C. Valve boxes shall be installed in shrub planters, not in turf areas whenever possible, unless otherwise approved. 3.15 AUTOMATIC CONTROLLER LOCATION AND INSTALLATION A. The automatic controller shall be installed at the approximate location shown on the Plan, unless otherwise instructed by the Owner's Representative. B. All local and other applicable codes shall take precedence in connecting the 100 volt electrical service to the controller. Owner shall provide power to controller. Irrigation Contractor shall complete hook-up to controller. C. There shall be adequate coverage of earth (18" minimum) over the 24-volt control wire. Bundle and tape wires at 15' O.C. and install adjacent to mainline. 3.16 CONTROL WIRE A. All electrical equipment and wiring shall comply with local and state codes and be installed by those skilled and licensed in the trade. B. Connecting and splicing of wire at the valves or in the field shall be made using Rain Bird Pen-Tite connectors. C. Three (3') feet long Pig-Tail wire splices shall be allowed only at 1500 ft. intervals. The wire splices shall be enclosed in an RCV Box with cover stenciled 'E8' in yellow. 3.17 BACKFLOW PREVENTION UNITS A. The backflow prevention units shall be installed as shown on Plans and Details. Backflow prevention units shall be installed per local codes including certification. 3.18 FLUSHING THE SYSTEM After all new sprinkler pipe lines and risers are in place and connected, all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system for a minimum of 5 minutes. Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the Owner's Representative. 3.19 ADJUSTING THE SYSTEM A. Adjust the valves and alignment and coverage of all sprinkler heads. If it is determined that adjustments in the irrigation equipment or nozzle changes will provide proper and more adequate coverage, make all necessary changes or make arrangements with the manufacturer to have adjustments made, prior to any planting. These changes or adjustments shall be made without additional cost to the Owner. B. The entire system shall be operating properly before any planting operations commence. 3.20 COVERAGE TEST When the sprinkler system is completed, perform a coverage test in the presence of the Owner's Representative to determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate, without bringing this to the attention of the Owner's Representative. This test shall be accomplished before planting begins. 3.21 HYDROSTATIC TEST All Hydrostatic tests shall be made only in the presence of the Owner's Representative, or other duly authorized representative of the Owner. No pipe shall be backfilled until it has been inspected, tested, and approved in writing. Pressure supply lines shall be tested under a hydrostatic pressure of 150 pounds per square inch for a period of four hours. 3.22 COMPLETION A. Upon completion of the work, make ground surface level, remove excess materials, rubbish, debris, etc., and remove construction and installation equipment from the premises. B. Supply as part of this contract the following tools: • Two wrenches for disassembling and adjusting each type of sprinkler head supplied. • Two keys for each automatic controller. • Four quick coupler keys with attached hose swivels. • Four (4) of each of all types of sprinkler heads and nozzles. • Two keys for enclosure lock. • Two cover lifting tools for valve boxes. C. The above equipment shall be turned over to the Owner at the conclusion of the project. Before final acceptance can occur, evidence that the Owner has received materials must be shown to the Owner's Representative. PART 4 – RECORD DRAWINGS, CHARTS AND MANUALS 4.01 RECORD DRAWINGS A. Record accurately on one set of black and white prints of the drawings, all changes in the work constituting departures from the original contract drawings, including changes in both pressure and non-pressure lines. B. Upon completion of each increment of work, transfer all such information and dimensions to the prints. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the Owner's Representative. When the drawings are approved, transfer all information to a set of reproducible drawings at cost by the Owner's Representative. C. Dimensions from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement, etc.). Locations shown on as-built drawings shall be kept day to day as the project is being installed. All dimensions noted on drawings shall be 3/8-inch in size. D. Show locations and depths of the following items: •Point of connection. •Routing of sprinkler pressure lines (dimension maximum 100 feet along routing). •Sprinkler control valves (buried only). •Routing of control valves. •Other related equipment (as may be directed by the Owner's Representative). E. Quick coupling valves. F. Maintain as-built drawings on site at all times. G. Make all changes to reproducible drawings in ink. If necessary, use eradicating fluid when redoing drawings. 4.02 CONTROLLER CHARTS A. As-built drawings must be approved by the Owner's Representative before charts are prepared. B. Provide one controller chart for each controller supplied, of the maximum size the controller door will allow, showing the area covered by the automatic controller. The chart is to be a reduced drawing of the actual as-built system. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. The chart shall be a black line print and a different color shall be used to show the area of coverage for each station. C. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 20 mils. thick. The chart shall be mounted using Velcro or approved equal type of tape. D. These charts must be completed and approved prior to final inspection of the irrigation system. 4.03 OPERATION AND MAINTENANCE MANUALS A. Prepare and deliver to the Owner's Representative within ten days by calendar prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in individual bound copies of the operation and maintenance manual. The manual shall describe the material installed and shall be in sufficient detail to permit the operating personnel to understand, operate, and maintain all equipment. Spare parts lists and related manufacturer information shall be included for each equipment item installed. Each complete, bound manual shall include the following information: 1. Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment with names and addresses of local manufacturers. 2. Complete operating and maintenance instructions on all major equipment. B. In addition to the above maintenance manuals, provide the maintenance personnel with instructions for major equipment and show written evidence to the Owner's Representative at the conclusion of the project that this service has been rendered. PART 5 - GUARANTEES A. The entire sprinkler system shall be unconditionally guaranteed by Contractor as to material and workmanship, including settling of backfilled areas below grade for a period of one (1) year following the date of final acceptance of the work. Owner may exercise option to withhold part of final payment until the one year product/workmanship guarantee has elapsed from date of final acceptance. B. If within one year from the date of completion, settlement occurs, and adjustments in pipes, valves and sprinkler heads or paving is necessary to bring the system or paving to the proper level of the permanent grades, contractor, as part of the work under his contract, shall make all adjustments without extra cost to Owner, including the restoration of all damaged planting, paving or other improvements of any kind. Should any difficulties develop within the specified guarantee period which Owner feels may be due to inferior material and/or workmanship, these difficulties shall be immediately corrected by Contractor to the satisfaction of Owner at no additional cost to Owner, within 48 hours of written notice, including any and all other damage caused by such defects. Failure of Contractor to respond in a timely manner to repair damaged conditions, shall prompt owner to repair same and deduct costs of labor, material and equipment used from Contractor's final payment. C. The Owner reserves the privilege of making any emergency repair without relieving Contractor's warranty obligations. D. Written guarantee shall be supplied in the completion of the project, showing date of completion END OF SECTION STAFF 430 PUBLIC WORKS DEPARTMENT CITY OF MOORPARK DESCRIPTION OF REVISION APP'DR.C.E.DATE 1 2 3 4 5 6 METROLINK ENTRANCE IMPROVEMENTS SOUTH PARKING LOT ENTRY LANDSCAPE PLANS MOORPARK, CA 07MOPARCLOO NR AK NA OI P F O R A I ICR R TED J U LY11983Richard Krumwiede CA Lic. # 2834 AZ LIC. # 29115 NV LIC. # 446 10221-A Trademark Street Rancho Cucamonga, CA 91730 (909) 484-2800 GD JRC ADG JOB # 1756 07 PLANTING SPECIFICATIONS L-3.2 PLANTING SYSTEM PART 1 – GENERAL Refer to standard contract document for non-technical contractual requirements and conditions. 1.01 SCOPE OF WORK A. Work Included: All labor and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all operations in connection with furnishing, delivery, and installation of “Landscaping”, complete, as shown on the drawings and/or specified herein. Work includes, but is not limited to the following: 1. Provide the fine grading in all areas to be planted. 2. Furnish and apply weed control to all planting areas. 3. Preparation of soil in all planting areas per soils analysis. 4. Furnish and install all plant materials. 5. Stake trees. 6. Furnish and install sodded lawn. 7. Furnish and install redwood header board. 8. Furnish and apply bark mulch. 9. Pruning of nursery stock. 10. Maintenance of all plantings until end of maintenance period and acceptance. 11. Guarantee of material and workmanship. B. Related work specified under other contracts (copies available from the Owner). 1. Concrete sidewalks and curbs. 2. Asphalt paving. 3. Rough grading. 4. Electrical. C. Verification of Plant Quantities: Quantities given for plant materials are shown for convenience only. The Contractor shall provide all plants shown on the plans. PART 2 - MATERIALS 2.01 MATERIALS If requested, samples of soils additives and plants shall be submitted for inspection and stored on the site until furnishing of materials is completed. Delivery may begin upon approval of samples, or as directed by the Owner’s Representative. Substitutions in any material will not be permitted unless specifically approved in writing by the Owner’s Representative. A. Soil and Soil Amendments: 1. Fertilizer for soil conditioning and maintenance shall bear the manufacturer’s guaranteed analysis, and shall be as recommended in the required soils laboratory report. 2. Fertilizer plant tablets shall be ‘AGRIFORM SLOW RELEASE’ to be applied per Manufacturer’s Specifications. 3. Application rates: Apply 21 grams agriform tablets at the following rates per plant by size: Shrubs: • 1 gal. shrub – 1 tablet • 5 gal. shrub – 3 tablets • 15 gal. & 24” box shrubs – 1 tablet for each1/2” of trunk Diameter or each foot of height or spread. Trees: Apply one 21 gram agriform tablet for each1/2” of trunk Diameter or each foot of height or spread. Ground Cover: Apply one 5-gram agriform tablet per rooted ground cover cutting. Refer to Manufacturer’s Specification for installation procedure. 4. Organic amendments shall be nitrolized redwood sawdust (.5% actual nitrogen), or Fir Bark 1% nitrogen). It shall be fine textured, having minimum 80% passing #8 screen and minimum 95% passing #4 mesh screen. Salinity shall be no higher than 3.5 milliohms per centimeter at 25 Centigrade as measured by saturation Pine shall not be used as an organic amendment. B. Plant Materials 1. Quality and size of all plants shall conform to the California Standard Grading Code of nursery stock and shall be No. 1 grade. Plants shall be vigorous, or normal growth, free from disease, insects, insect eggs and larvae. All plants shall equal or exceed any measurements specified and shall be supplied from the source indicated when a source is specified. 2. Container stock shall have grown in containers for at least one year, but not over two years. Samples shall be shown to prove that no root bound conditions prevail. No container plants that have cracked or broken balls of earth, when taken from container, shall be planted except on special approval from the Owner's Representative. 3. Nomenclature conforms to customary nursery usage: For clarification, the term "multi-trunk" defines a plant having a minimum of three trunks and a maximum of five trunks of nearly equal diameter. 4. Inspections; All plant materials must have been previously inspected at the nursery by a State or County Horticultural Department, and shall be subject to the inspection and approval of the Landscape Architect before planting. a. Inspection of Plant Material: Inspection of plant materials required by City, County, State, or Federal authorities shall be the responsibility of the Contractor and where necessary contractor shall have secured permits or certificates prior to delivery of plants to the site. b. Plants shall be subject to inspection and approval or rejection at place of growth and on the project site at any time before and during progress of work or during the maintenance period. Poor condition, latent defects, injuries, and improper size, variety, and shape shall be cause for rejection. Rejected plants shall be removed from the project site immediately. 5. Substitutions for the indicated plant materials will be permitted provided the substitute materials are approved in advance by the Landscape Architect and the substitutions are made at no additional cost to Owner. Except for authorized variations, all substitute plant materials shall conform to the requirements of these specifications. If the accepted substitute materials are of a less value than those indicated or specified, the Contract price will be adjusted in accordance with the provisions of the Contract. C. Tree support materials: 1. Stakes for tree support shall be lodge pole pine free from knots, rot, cross grain or other defects that would impair strength. Stakes shall be pressure treated with pentachlorophenol, and a minimum of 2" diameter by 8'-0" long and pointed at one end. 2. Ties for holding trees shall be "cinch-tie" or approved equal. "Cinch-tie" manuf. by V.I.T. Products, 15561 Product Lane, D-4, Huntington Beach, CA 92649. 3. Tree guying materials shall be as follows: a. Ground anchors for guying shall be redwood per detail. b. Guying wire shall be 12 gauge annealed galvanized steel. c. Guying cable shall be a minimum of two strands, making a 3/16" diameter steel cable. d. Hose chafing guards shall be new or used 2-ply, one half inch (1/2") reinforced rubber or plastic hose and shall be all the same color on the project. Length shall be one and one-half times the circumference of the plant at its base. e. Guying cable shall be covered with 3/8" dia. x 3" long white PVC tubing. f. Turnbuckles shall be galvanized or cadmium-plated steel and have a 3" minimum lengthwise opening fitted with screw eyes. g. Duckbill 88-OTS earth anchor may be used as an alternate to the guying materials specified above manuf. by Foresight Products, Inc. North Glen, Colorado, (1-800) 325-5360. D. Mulching: Mulch shall consist of processed wood fiber material equal to or supplied by Intravaia Rock and Sand, Upland, CA, (909) 982-6713. Submit sample of any alternative material prior to purchase and/or placement for Owner's Representative's approval. E. Lawn from Sod: Marathon Hybrid Fescue. Submittal for type and grower required for Architect's approval. F. Header board/Mowstrip: See details. G. Herbicides: 1. Herbicides used must comply with all applicable State and Federal laws and be registered with the U.S. Environmental Protection Agency Herbicide control shall be: a. Pre-emergency application of "Treflan 5% Granules" or equivalent, applied according to manufacturer's recommendations and incorporated into soil as specified. b. Post - emergence application of "Round-up" or equivalent, applied as specified by manufacturer. Spray with extreme care to avoid contact with landscape plantings. PART 3 – EXECUTION 3.01 GENERAL PREPARATION A. Commence work as directed by the Owner's Representative and conduct operations continually to completion unless weather conditions are unfavorable. All work shall conform to high standards of practice within the trade. B. Clean up and remove from planting areas all existing plant material not removed under the general site construction contract, including roots and any accumulated debris and rubbish before commencing work. Legally dispose of such materials off the site. C. Underground Obstructions to Planting: 1. If underground utilities, construction or solid rock ledges are encountered, other locations for planting may be selected by the Owner's Representative. Damage to utility lines shall be repaired at the Contractor's expense at no additional cost to the Owner or Tenant. D. Protection of Existing Vegetation: 1. If lawns have been established prior to planting operations, the surrounding turf shall be covered in a manner that will protect turf areas before excavations begin. E. Storage: Store plants and materials on the project site, and ensure that they are protected from damage by sun, rain, wind, theft, vandalism, and construction work. Water plants regularly. 3.02 INSPECTION OF WORK IN PROGRESS A. Installations and operations in progress must be approved at various stages by the Owner's authorized Representative. B. In no event shall the Contractor proceed from one state to another of the work, without prior approval of the Owner's authorized Representative. C. The Contractor must notify the Owner's authorized Representative for inspections of the following stages of work: 1. When all grading within planting areas has been completed. 2. When all plants are ready to be delivered at the nursery or when plants have been delivered to the site and prior to any planting. 3. When all trees and shrubs have been spotted on the site where shown on the drawings. 4. When all tree and shrub pits have been excavated after water has leached out of the pits. 5. When weed germination and removal is complete, and seedbed is prepared but prior to installation of seed. 3.03 FINE GRADING A. The Contractor shall import as required. The Contractor's bid shall indicate the total in-place cost of required import. No additional charges will be allowed. B. The soil shall not be worked when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form, or clods not readily break up. C. The Contractor shall be responsible for dust control in areas within the scope of this contract. D. Rip in two directions to the depth of 12" on all areas upon which fill will be placed. E. Rough grade requirements shall allow for soil amendments. Coordinate with General Contractor. F. Bring to the attention of the Owner's authorized Representative all soil in planting areas that contain any deleterious substances such as oil, plaster concrete, gasoline, paints, solvents, etc. Upon the approval of the Owner's authorized Representative, remove and dispose of all above mentioned soil to the level of dryness in the affected areas. The affected soil shall be replaced with native soil. If the Contractor fails to notify Owner's authorized Representative of the above-mentioned soil, the Contractor shall be responsible for any damage to installed plants caused by such substances. G. If an area to be landscaped is not acceptable to the Contractor, contractor shall notify the Owner's Representative. H. Finish grade all planting areas to a smooth and even conditions, making certain that no water pockets or irregularities remain. Remove and dispose of all foreign materials, clods and rocks over one inch in diameter within six inches of the surface so that, after conditions and planting, the finish grade in shrub and in groundcover areas is 3" below the top of all curbs and 1" below the top of all walks. I. Omit roto-tilling on slopes 2 to 1 or greater in ration. Instead, lightly hand scarify the soil. Refer to Drawings for sloped areas, if any. J. Patch all areas having damage from erosion and so related earth moving to create a smooth and regular surface for planting. Final grade to be approved by Owner's Representative. 3.04 SOIL CONDITIONING (see also Fine Grading Section) A. Broadcast the recommended soil additives per 1,000 square feet and cultivate to a depth of 6" based upon required soils and plant laboratory report. It is the Contractor's responsibility to obtain soils tests. Soils analysis shall be done by Soils & Plant Laboratory, Inc. 412 S. Lyon, Santa Ana, CA (714) 558-8333. Copies of the report shall be sent to the Owner's Representatives. B. For bidding purposes when no soils report is available in all planting areas the following application shall be made per 1,000 square feet of area and shall be thoroughly cultivated in two directions into the top 9" of soil, and the area watered down: - 2 CU. YDS. Nitrolized wood shavings - 20 LBS. iron sulfate C. Planting pits shall be excavated three times the diameter and 2" shallower than the root ball depth for trees, twice as wide and 6" deeper than the root ball for shrubs. (Refer to planting details). D. For plants other than azaleas, camellias, and ferns, backfill plant pits with soil excavated from pit. Do not add any additional amendments to backfill mix. E. Prepare soil mix for back fill in pits for azaleas, camellias, ferns and other plants (as specified) as follows: - 1/3 washed plaster sand - 1/3 Canadian peat moss - 1/3 Loamite or forest humus F. Backfill mix for Palms shall be concrete sand. (Refer to details) G. The prepared soil shall be uniformly blended in an area adjacent to the planting work and shall be accurately proportioned using a suitable measuring container. Unused excavated soil shall be removed from site. Protect the mix from water until it has been placed in backfill around plants. 3.05 WEED CONTROL/ABATEMENT A. Weed abatement: after earthwork, installation of irrigation system, and soil preparation, but prior to planting, perform weed abatement program to all planting areas as follows: 1. Hydroseeded or hand seeded planting areas: a. Apply sulfate of ammonia at the rate of 5 Lbs. per 1,000 Sq. Ft. to all areas to be planted. b. Keep area moist by regular irrigations for a period of two (2) weeds to germinate existing weed seeds. c. At the end of two weeks, apply "Round-Up" or equal systemic herbicide. Do not irrigate within six (6) hours after application. Herbicide shall be applied by an individual with appropriate license, refer to MFG specifications for period of time required from time of application to time of implementing planting. After complete weed kill, remove all weed residue and top growth and dispose of in a legal manner. Alternative methods of weed kill for item C may be Vapam or Methyl Bromide applied per licensed herbicide agency and specifications. 2. Shrub and hand planted ground cover areas: a. Apply pre-emergent weed control chemicals to hand planted groundcover areas. Do not apply to areas to be seeded. b. Proceed with installation of shrubs and groundcover after removal of any weeds by cultivation. B. The Contractor shall be responsible for control of weeds in all landscape areas through the final acceptance of the work. Any selective week control spray or physical weed removal shall be the Contactor’s responsibly and the Contractor shall repair any damage resulting form weed control activity. C. All herbicides shall be applied only by a licensed herbicide application agency. No herbicides shall be applied without first obtaining written approval from the city inspector. 3.06 PLANTING SHALL BE DONE AS FOLLOWS: A. Planting of Trees 1. Position plants in plant locations indicated on drawings and secure approval before excavating pits, making necessary adjustments as indicated. 2. All pits for trees shall be dug square with bottom level, the length of sides equal to two times the width and 2" less than the depth of the tree root ball. Compacted soils at sides and bottoms shall be loosened by scarifying or other approved method. Once the tree is positioned in the pit, the pit shall be filled with soil as per specs, thoroughly settled by water application. (Refer to planting details and spacing details.) 3. Prepare depressed water basin as wide as plant root-balls at each plant. Water thoroughly, backfilling any voids with additional soil. B. Planting Vines, Shrubs and Groundcover 1. Vine and shrubs shall be planted in pits at least two times greater than the diameter of the root ball and 6" below the bottom of the ball. Compacted soil at bottom of pit shall be loosened and the pit filled with "native soil" to the bottom of the ball. When the plant has been properly set, the pit shall be filled to the required grade with amended soil and thoroughly settled by tamping and watering. All vines shall be removed from stakes, untied, and securely fastened in an approved manner to the wall, fence or other surface next to which they are planted. (Refer to planting details) 2. Prepare a depressed water basin as wide as plant root balls at each plant. Water thoroughly, backfilling any voids with additional prepared planting mix. 3. Groundcover a. Pits for flat sized plants to be at least 4" x 4" x 4". Ground cover areas shall be moistened prior to planting. No flatted liner, or potted plants shall be planted in dry soil. b. Set plants in center of pits so that crown of plant will be level with finished grade after settling of soil, then backfill, and water. (Refer to spacing detail) c. Flatted plants shall be well rooted with runners at least 4" but not more than 6" in length. C. Trees and Vines Occurring in Lawn 1. Trees and vines occurring in lawn shall be planted before final preparation of those areas. 2. All trees shall be installed with bark protection devices at their crowns. (Refer to planting detail) 3. Lawn around trees shall be installed no closer to the tree trunk than the width of the root ball, and shall be maintained at this distance. 3.07 TURF GRASS SOD A. Roll sub grade when soil is reasonably dry, using a 125-pound water ballast roller. If rolling will not firm the sod bed underneath, it shall be permitted to settle until the Owner's Representative determines a satisfactory condition has developed. Re-rake or scarify all irregularities and cut or fill as required to establish uniform grade. Roll area again to obtain a uniform grade. Areas to be planted to lawn, shall be finished smooth, satisfactory to the Owner's Representative before any sod is placed. B. Sod is to be freshly cut and placed in sections not smaller than one square foot. Stagger the joints between rolls. Sift soil (use soil waste that has fallen off sod) into all joints to fill any voids created. Roll sod with lightly weighted roller after completion of all sodding operations. C. The lawn edges shall be maintained in a neat condition until acceptance of the work. D. Sufficient measures shall be taken to the Contractor to ensure the lawns against damage resulting from pedestrian traffic. If any type of barrier is used, it must meet with the approval of the Owner's Representative. Any damage to the lawns shall be repaired by the Contractor before acceptance will be made. E. Repair: When any portion of the sod area becomes discolored, waterlogged, or otherwise damaged or unhealthy following sodding within the period of Contractor's responsibility, the affected portion shall be repaired to re-establish the condition and grade of the soil prior to installation and shall then be replanted as originally specified at no cost to the Owner. 3.08 STAKING (See Staking Details) A. Stakes shall be driven into the ground in such a way as to minimize damage to the ball of the tree, and shall be placed so that the tree will blow away from the stakes, except where such placement will cause damage by parked cars. B. Form loops around trunk with ties, and securely attach to stake(s) Attach loose enough so that tree can sway slightly in the wind.(Refer to Detail) 3.09 PRUNING Pruning of nursery stock shall not be done prior to delivery. Plants and trees shall only be pruned for health or structural reasons, including the need to eliminate diseased, damaged, or structurally unsound growth. Pruning shall be performed according to ANSI A-300 or International Society of Arboriculture standards under supervision of a qualified arborist approved by the Landscape Architect. LEAVE OPEN WOUNDS TO AIR-DRY - DO NOT USE ANY FORM OF "TREE PAINT" OR WOUND SEALER. 3.10 MULCHING A. All planting areas (except as noted) shall be mulched (top dressed) with a minimum of 3" depth layer of wood fiber material. Remove mulch falling on hard-surface areas. 3.11 CLEAN-UP A. During the course of the work and at its conclusion, remove surface material from the site and leave the premises in a neat and clean condition. B. Remove all tags, labels, nursery stakes and ties from all plants. 3.12 PROTECTION Contractor shall carefully and continuously protect all areas included in the Contract, including plant materials, fences, supports, public safety, etc., until final acceptance of the work by the Owner's Representative. 3.13 MAINTENANCE A. Maintenance operations shall begin immediately after each plant is planted and shall be continued satisfactorily for a period of 90 days after the time all items of work have been completed as specified herein and to the satisfaction of the Owner's Representative. B. During the maintenance period specified in paragraph A. above, all plants and planted areas shall be kept watered at all times; weeds shall be removed and disposed of; basins and depressions shall be maintained and cultivated and kept well formed around trees and shrubs; paper and debris shall be regularly removed from planters; and water system shall be maintained and repaired; rodents shall be controlled; and the entire project shall be so cared for that a neat and clean condition is presented at all times. Keep walks and curbs swept clean. Legally dispose of excess materials including paper and debris in planted areas. C. Maintain a sufficient number of men and adequate equipment to perform the maintenance work herein specified from the time of planting until completion of the maintenance period and acceptance by the Owner. D. An application of fertilizer shall be made to all landscape areas just prior to the completion of the maintenance period according to the recommendations for the required soils laboratory report. E. A written notice requesting a pre-maintenance inspection shall be received by the Owner's Representative at least 5 days to completion of the project. F. A written notice requesting final inspection shall be received by the Owner's Representative at least 5 days prior to completion of maintenance period. G. The Contractor shall make a periodic inspection of plant materials until the end of the guarantee plant period. If unfavorable conditions exist which might be harmful to the guaranteed plant, the Contractor shall notify the Owner in writing of the condition, or contractor may be held responsible under the guarantee. H. Pre-maintenance inspection and final inspections are to be held with the understanding that the project has been reviewed by the principals of the responsible contractor in advance of the review by the Owner's Representative and/or Owner. Discrepancies noted during this advance review are to be corrected before the project receives these official inspections. I. The Landscape Contractor shall refer to the Landscape Maintenance Manual for further maintenance requirements (if applicable). PART 4 – GUARANTEES 4.01 GUARANTEE All shrubs and groundcover shall be guaranteed by Contractor as to growth and health for period of ninety (90) days after completion of the specified maintenance period, and/or final acceptance by the Owner's Representative. All trees up to 24: box size shall be guaranteed by Contractor to live and grow in an acceptable upright position for a period of six (6) months after completion of the specified maintenance period, and/or final acceptance by the Owner's representative.Trees in 24" boxes or larger, and all field grown specimens shall be guaranteed by Contractor to live and grow in an acceptable upright manner for a period of one (1) year after completion of the specified maintenance period, and/or final acceptance by the Owner's representative. 4.02 REPLACEMENT STOCK All replacement stock shall be subject to the same warranty requirements as the original stock. Any damage due to replacement operations shall be repaired by the Landscape Contractor. At the end of the warranty period, inspections shall be made jointly by the Tenant's Construction Representative, Developer, Tenant and Landscape Contractor. All plants and lawn areas not in a healthy growing condition shall be removed and replaced with plants and grasses of a like kind and size before the close of the next planting season. END OF SECTION STAFF 431 May 29, 2019 CITY OF MOORPARK PUBLI C WORKS DEPARTME NT I 799 Moo rpark Aven ue, Moorpark , Californj a 9302 1 Mai n C ity Phone Nu mber (805) 517 -6200 I Fax (805) 532 -2555 I moorpark@moorparkca.gov ADDENDUM NO. 1 Metrolink South Parking Lot South Entry Specification No . PW: 2019-02 NOTICE IS HEREBY GIVEN to all prospective bidders that the following changes , clarifications , and additions are made part of the Bid for the above referenced project and shall be taken into account in the preparation of all Bids and the execution of all work. The changes , clarifications, and/or additions to the Bid are as follows: -------------------------------------------------------------------------------------------------------------------------------------------------- The Bid Opening is delayed to a date yet to be determined for additional federal clearance. When the City resumes the Bid process it will be determined if an additional pre -bid meeting and job-walk will be established to provide additional bidders with an opportunity to submit a Bid. The City's written response to submitted questions will be delayed until a new Bid Opening date has been established . [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 technical and cost proposals and no additional compensation will be allowed therefore . Sean Corrigan , P.E., City Engineer/Public Works Director Questions regarding this addendum may be directed to Shaun Kroes at (805) 517-6257 or skroes@moorparkca .gov . ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY ATTACHING A SIGNED COPY OF THIS ADDENDUM WITH YOUR BID . FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. Company Name : __________________________ _ Authorized Representative : ______________________ _ Signature of Authorized Representative : ____________________ _ J AN lCE S. PARVI N Mayo r CHR IS ENEGRE N Co un c ilm e mb e r ROSE AN MIKOS , Ph.D. Co un c ilm e mb e r DAV lD POLLOCK Co u nc ilm em ber KE SlMO NS Coun c ilm e mb er 432 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PUBLIC WORKS DEPARTMENT | 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2555 | moorpark@moorparkca.gov October 4, 2019 ADDENDUM NO. 2 For Metrolink South Parking Lot South Entry Specification No. PW: 2019-02 Bid due date has been changed to November 5, 2019 at 3:30 pm. NOTICE IS HEREBY GIVEN to all prospective bidders that the following changes, clarifications, and additions are made part of the Bid for the above referenced project and shall be taken into account in the preparation of all Bids and the execution of all work. The changes, clarifications, and/or additions to the Bid are as follows: ========================================================================= 1. Replace pages NC-1 through NC-3 “Notice Inviting Bids” with the attached pages NC-1 through NC-3. 2. Replace page I-4 “Interpretation of Contract Documents” with the attached page I-4. 3. Replace pages B-2 through B-3 “Bid Sheets” with the attached pages B-2 through B-3. 4. Replace pages C-49 through C-51 “Performance Bond” with the attached pages C-49 through C-51. 5. Replace pages GP-5 through GP-6 “Control of Materials” with the attached pages GP-5 through GP-6. 6. Replace page GP-26 “Soils Engineering and Testing” and “Working Days and Hours “ with the attached page GP-26. 7. Replace pages SP-1 through SP-4 “Special Conditions” with the attached pages SP-1 through SP-4. 8. Replace page SP-8 “Submittals” with the attached page SP-8. 9. Replace Appendix III “City Holidays” with the attached Appendix III. 10. Replace Appendix VI “Wage Rates” with the attached Appendix VI. 11. Response to formal inquiries: 433 Addendum No. 1 Metrolink South Parking Lot South Entry Specification No . PW: 2019-02 Page 2 of 3 Question 1: Do you have an Engineer's Estimate for the project? Response 1: The construction cost estimate for the project is $283,403 . Question 2: What is the contract length? Response 2: Refer to General Provisions 6-8 "Completion, Acceptance, and Warranty " on Page GP-12 and Special Conditions 700-5 "Time of Completion" on Page SP-2. Question 3: How far down are the lifts and base? Response 3: Details are in the Plans Question 4: Where can we take materials? Response 4: Per the specifications, contractor will be required to complete a Construction and Demolition Materials Management Plan (Plan). The Plan is available at http://www .moorparkca .gov/DocumentCenter/View/6099/CD-Plan-Packet---2018?bidld= and includes a list of sites where materials can be taken . Alternative sites not included on the pre-authorized list will need to be proposed to the Solid Waste Division and approved prior to usage . Question 5: Is water accessible? Response 5: Refer to Special Construction Requirements 701-16 "Water for Construction" on Page SP-8 . Question 6: Is temporary fencing required? Response 6: Yes . Refer to details in the Plans . Note that Contractor will be permitted to utilize existing temporary fencing at 65 First Street. Additional fencing for securement of other material storage location(s) will need to be provided by Contractor. [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 technical and cost proposals and no additional compensation will be allowed therefore . Questions regarding this addendum may be directed to Shaun Kroes at (805) 517-6257 or skroes@moorparkca .gov . 434 Addendum No. 1 Metrolink South Parking Lot South Entry Specification No. PW: 2019-02 Page 3 of 3 ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY ATTACHING A SIGNED COPY OF THIS ADDENDUM WITH YOUR BID. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. Company Name: Authorized Representative: Signature of Authorized Representative: ___________________________________________ 435 10-4-2019 NC-1 NOTICE INVITING BIDS FOR Metrolink South Parking Lot South Entry [the “Project”] Identification Number: PW: 2019-02 NOTICE IS HEREBY GIVEN that the City of Moorpark, California (“City”) invites sealed Bids for the Project and will receive such bids in the office of the City Clerk of the City of Moorpark at 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:30 p.m. on the 5th day of November, 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 AND SITE VISIT. A mandatory pre-bid meeting and site walk will be held on October 22, 2019 at 1:00 p.m. at Moorpark City Hall Large Conference Room (799 Moorpark Avenue, Moorpark, CA). After the pre-bid meeting there will be a site walk at the Project site (65 First Street, Moorpark, CA). Every Bidder is required to attend the pre-bid meeting and Project site walk. Failure of a Bidder to attend will render that Bidder’s Bid non-responsive. Bidders who attended the first pre-bid meeting on May 21, 2019 are not required to attend the October 22, 2019 meeting but are encouraged to do so. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. FEDERAL FUNDING. This is a federally funded project. The current Federal General Wage Determinations for this project, as predetermined by the Secretary of Labor, are set forth in these Special Provisions. If there is a difference in the Federal minimum wage rates and the California Department of Industrial Relations for similar classifications of labor, the contractor and their subcontractors shall pay not less than the higher wage rate. The wage rate for any classification not listed by the Federal Department of Labor or the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the Agency’s determinations. 436 10-4-2019 NC-2 The work herein proposed will be partly financed with Federal funds, and therefore, all of the statutes, rules and regulations promulgated by the Federal Government; including requirements for Disadvantaged Business Enterprises (DBE) shall apply to this work. The City’s source of Federal funding is through the Federal Transit Administration grants by the Ventura County Transportation Commission (COMMISSION), which has a race-neutral DBE program. Consequently, while there is no DBE goal, DBE participation is encouraged, but voluntary. BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. LICENSES. Each Bidder shall possess a valid Class A, Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also obtain a current City business registration if awarded a contract. 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. CONTRACT DISINCENTIVES. Contract Disincentives 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: 437 City of Moorpark 799 Moorpark Avenue Moorpark , CA 93021 FW Dodge 1333 S. Mayflower Avenue , Suite 300 Monrovia , CA 91016 Ventura County Contractor's Association 1830 Lockwood Street, Suite 110 Oxnard , CA 93036 Also online at www .ebidboard .com and www .moorparkca.gov 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 METROLINK SOUTH PARKING LOT SOUTH ENTRY -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: Shaun Kroes , Program Manager by e-mail skroes@moorparkca .gov . By: Cityftdro/ Date 10-4-2 01 9 NC -3 438 10-4-2019 I-4 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 5:00 p.m., Tuesday, October 29, 2019. Requests for clarification received after the October 29, 2019 deadline will be disregarded. Please indicate the Project and identification number in the request for clarification. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum and will be provided no later than 5:00 p.m., November 1, 2019. 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.   439 10-4-2019 B-2 CITY OF MOORPARK BID SHEETS FOR METROLINK SOUTH PARKING LOT SECOND ENTRY [PROJECT] 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 City Engineer/Public Works Director, at the following prices: BASE AMOUNT: Item No. Payment Ref. Description Qty Unit Unit Price Total 1 702-6 Traffic Control, Construction Signage and Traffic Maintenance 1 LS 2 703-2 Stormwater Pollution Control 1 LS 3 704-6 Demolition, Clearing and Grubbing 1 LS 4 705-2 Concrete Block Wall 1 LS 5 707-6 Asphalt Concrete 1 LS 6 708-5 Portland Cement Concrete Improvements 1 LS 7 709-7 Traffic Signing and Pavement Delineation 1 LS 8 710-2 Landscaping and Irrigation 1 LS 9 711-2 Mainline and P.O.C. Note 600 LF 10 712-2 Lighting 1 LS 713-2 Release on Contract 1 LS $1.00 $1.00 Note: Items may be adjusted or modified. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to 440 10-4-2019 B-3 estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE IN DIGITS: $____________________ TOTAL BID PRICE IN WORDS: _________________________________________________ Signature: __________________________________ Title: ___________ Date: ______ Signature: __________________________________ Title: ___________ Date: ______ 441 10-4-2019 C-49 Bond No. __________ PERFORMANCE BOND  KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“Public Agency”), has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: METROLINK SOUTH PARKING LOT SECOND ENTRY (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), 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 by Principal; 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 any manner affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or 442 10-4-2019 C-50 addition to 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.  443 10-4-2019 C-51 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# ________________________________ 444 10-4-2019 GP-5 markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense. 2-10 INSPECTION The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. SECTION 3. CHANGES IN WORK The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications. 3-2 CHANGES INITIATED BY THE AGENCY The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the City, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 3-3 EXTRA WORK New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City. SECTION 4. CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP The provisions below shall supplement but not replace those provisions in Section 4-1 of the Standard Specifications. The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-1.1 Test of Materials Except as elsewhere specified, the Contractor 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 445 10-4-2019 GP-6 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 5:00 p.m., October 29, 2019, 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. 446 10-4-2019 GP-26 10-6 SOILS ENGINEERING AND TESTING A certified materials testing firm shall be retained by the Contractor as detailed in the Specifications and Plans to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. 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 8:00 a.m. to 5:00 p.m., Monday through Friday. No Work will be allowed on Sunday or City holidays, which are as follows: (see Appendix III). In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the City so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that 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 447 10-4-2019 SP-1 SPECIAL PROVISIONS SECTION 700 SPECIAL CONDITIONS (Not a Bid Item) 700-1 STANDARD SPECIFICATIONS The Standard Specifications for Public Works Construction (SSPWC), dated 2015, along with the modifications thereto have been established as the Standard Specifications for the City of Moorpark. These specifications will prevail as the basic Standard Specifications for this project except as otherwise specifically noted in the Special Provisions when reference is made to the State Standard Specifications. The State Standard Specifications is that document issued by the State of California, Department of Transportation, titled Standard Specifications, 2015, referred to herein as the State Standard Specifications, or the SSS. When references have been made to the SSS, it is for the purpose of utilizing that specifications' traffic and safety provisions as indicated elsewhere herein. Where required by these Special Provisions, work shall conform to the requirements of the SSS, except that when reference is made to other sections of the City's Standard Specifications, all references to "State" shall mean the City. The SSS measurement and payment clauses are not included. 700-2 MANDATORY PRE-BID MEETING A mandatory pre-bid meeting and site walk will be held on October 22, 2019 at 1:00 p.m. at Moorpark City Hall Large Conference Room (799 Moorpark Avenue, Moorpark, CA). After the pre-bid meeting there will be a site walk at the Project site (65 First Street, Moorpark, CA). At the Mandatory Pre-Bid Meeting, Bidders will have the opportunity to ask questions regarding the local conditions, potential construction difficulties and restrictions related to the performance of the Work under the Contract. In order for a Bid to qualify for consideration in making an award, the Bidder shall have a responsible representative present for the entire duration of the Mandatory Pre-Bid Meeting. Bids received from Bidders not represented at the Mandatory Pre- Bid Meeting will be returned to the Bidder unopened. Bidders who attended the first pre-bid meeting on May 21, 2019 are not required to attend the October 22, 2019 meeting but are encouraged to do so. RSVP with Shaun Kroes (skroes@moorparkca.gov) at the City by October 21, 2019. 700-3 AWARD OF CONTRACT A construction contract will be awarded to the lowest responsive and responsible bidder. However, the City reserves the right to award or not to award. 448 10-4-2019 SP-2 700-4 START OF CONSTRUCTION The Notice to Proceed will be issued upon awarding a construction contract and receipt of the necessary bonds and insurance certificates. The necessary bonds and insurance certificates shall be submitted to the City within ten (10) days in advance of the award of contract. Prior to issuing the Notice to Proceed, but subsequent to receiving the submittals of Subsection 701-14, a pre-construction conference will be undertaken. The date of the Notice to Proceed constitutes the start of construction, which date will be the first chargeable working date of the contract. 700-5 TIME OF COMPLETION The Contractor shall complete the work including punch list items (if applicable) within 100 Working Days from the date of the written Notice to Proceed. The issuance of the Notice to Proceed constitutes the Contractor's authority to enter upon the work site and begin operations. A no fee Encroachment Permit shall be obtained by the Contractor from the City, where applicable. 700-6 WORKING HOURS & WORKING DAYS Construction working hours shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, unless otherwise approved by the City in writing. Any overtime for construction survey, geotechnical/testing services, and inspection by City staff, outside of the 8:00 a.m. to 5:00 p.m. hours Monday through Friday, and any work on Saturdays, Sundays and Holidays, shall be paid for by the Contractor, and such costs will be deducted from the progress payments to the Contractor. The Contractor shall provide at least forty-eight hour notification for all his/her overtime work requests. The following days are recognized as holidays by the City (relative to this Project’s timeframe): 1. November 11th (Veteran’s Day) 2. November 28th (Thanksgiving Day) 3. November 29th (Day after Thanksgiving) 4. December 24th (beginning at Noon, Christmas Eve) 5. December 25th (Christmas Day) 6. January 1st (New Year’s Day) 7. January 20th (Martin Luther King, Jr. Day) 8. February 17th (Presidents Day) 9. March 30th (Cesar Chavez Day) 10. May 25th (Memorial Day) 700-7 FAILED TESTS All retesting of failed materials, field compaction tests, and standby charges for such services will be accomplished at the Contractor's expense. The cost for all retesting and standby charges will be deducted from the progress payments to the Contractor. The Contractor shall provide at least forty-eight (48) hours notification for the need of compaction and materials testing. 449 10-4-2019 SP-3 700-8 EXTRA WORK MARKUP (a) Extra Work by Contractor. The following percentage shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits, and all other cost not specifically provided for when preparing Change Order Requests and Extra Work Reports: (1) Labor ..................................................................... 20% (2) Materials ................................................................ 15% (3) Equipment Rental .................................................. 15% (4) Other Items and Expenditures ............................... 15% To the sum of the cost and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 700-8 (a) shall be applied to the Subcontractor’s actual cost of such work. A markup of ten percent (10%) on the first five thousand dollars ($5,000) of the subcontracted portion of the extra work and a markup of five percent (5%) on work in excess of five thousand dollars ($5,000) of the subcontracted portion of the extra work may be added by the Contractor. 700-9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. 700-9.1 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from the subcontractor within thirty (30) days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 700-10 DIR COMPLIANCE AND PREVAILING WAGES This project is subject to monitoring and enforcement by DIR, including the obligations to submit certified payroll records directly to the Compliance Monitoring Unit (CMU) through the CMU’s online eCPR system at least monthly. 450 10-4-2019 SP-4 Contractor is required to post a notice at the job site as required by Chapter 8, Section 16451(d) of the California Code of Regulations. The notice shall also include the logos of the City of Moorpark and the Ventura County Transportation Commission (to be provided by the City). In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. 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. 700-11 BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 700-12 MEASUREMENT AND PAYMENT No separate payment will be made for work performed or for compliance with the requirements out lined in this Section, “Special Conditions.” Full compensation for such work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. 451 10-4-2019 SP-8 The Contractor shall maintain the existing drainage system within the streets and City parking lot during the entire duration of the construction. This item shall include erosion control where applicable. 701-14 SUBMITTALS SSPWC Subsection 2-5.3, “Submittals,” is hereby supplemented as follows: Submittals (as applicable) shall consist of items detailed on Plan Sheet CE-1 under “Required Submittals from Contractor”. Cut sheets for materials to be installed such as replacement utility covers shall also be provided for approval. Tests will largely be performed in accordance with the City’s adopted Quality Assurance Program “QAP”. Refer to Moorpark Metrolink Bid Set 2019- 0419 for material testing requirements. Three weeks prior to the use of any material, the Contractor shall provide written certifications, shop drawings, and mix designs of all materials to be incorporated in the work. The Contractor shall not deliver any or use such materials prior to the approval of the City in writing. 701-15 PROGRESS PAYMENTS The Contractor or its designated representative shall sign a monthly quantity payment sheet of completed work in order to expeditiously process monthly progress payments. 701-16 WATER FOR CONSTRUCTION Water for construction purposes as required by these specifications may be obtained from Ventura County Water Works District No. 1, (805) 378-3000. The Contractor shall make all arrangements to obtain and transport the water, and shall, at his/her own expense, furnish and install all necessary metering, piping, and fittings. All costs associated with water for construction shall be borne by the Contractor. 701-17 MEASUREMENT AND PAYMENT No separate payment will be made for any other work or other features as required and outlined in this Section, "Special Construction Requirements." Full compensation for such work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. SSPWC Subsection 9-2 is hereby modified as follows: The Schedule of Values provided by the Contractor identifying the breakdown of lump sum items shall be used to determine change order costs (additions or deletions) of similar work. The breakdown shall separate out the labor and material costs as well as identify overall unit prices for work items that are combined within the lump sum price. 452 10-4-2019 Appendix III -1- APPENDIX III CITY HOLIDAYS The following days are recognized as holidays by the City (relative to this Project’s timeframe): 1. November 11th (Veteran’s Day) 2. November 28th (Thanksgiving Day) 3. November 29th (Day after Thanksgiving) 4. December 24th (beginning at Noon, Christmas Eve) 5. December 25th (Christmas Day) 6. January 1st (New Year’s Day) 7. January 20th (Martin Luther King, Jr. Day) 8. February 17th (Presidents Day) 9. March 30th (Cesar Chavez Day) 10. May 25th (Memorial Day) 453 10-4-2019 APPENDIX VI -1- APPENDIX VI WAGE RATES WAGE RATES FOR ALL CLASSIFICATIONS OF JOURNEYMAN WORKERS CAN BE FOUND AT: https://www.dir.ca.gov/OPRL/2019-2/PWD/index.htm WAGE RATES FOR APPRENTICE WORKERS CAN BE FOUND AT: https://www.dir.ca.gov/OPRL/pwappwage/PWAppWageStart.asp Copies of wage rates are also kept on file at the City of Moorpark Public Works Department. Contact the City of Moorpark at 805-517-6257 if you need assistance obtaining prevailing wage rate information. 454 CITY OF MOORPARK P.-\R~S. RF:CRF:.-\ Tll 1N & Cl 1\ I\ IL. NITY SER\ ICES 11HT. /99 \l'""l'"'k _-\,cnuc. \ lnnrpctrk. C-\ 9ll1cl \Ltin City Phl1ne \iun1hcr (8C1l) 117 62\lll Fax (Sl'l)) ))2 2))(l i llhlLlfl'arkra 1 111onq•.Hkl·.l.~ll\ October 29, 2019 ADDENDUM NO. 3 for Metrolink South Parking Lot South Entry Specification No. PW: 2019-02 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: =========================================================================== Clarifications • County Permit for water and sewer service abandonment -permit by Contractor. • 10% Bid Bond is required on the project. • 5% Retention is required on the project. Notice Inviting Bids • Sheet NC-1 states that Disadvantaged Business Enterprise (DBE) requirements shall apply to this work. The funding is race neutral so there is no DBE goal. DBE participation is encouraged, but voluntary. • The proposed block fence on the west side of the parking lot entrance road shall be per Detail A on Sheet CE-11. Block shall match the existing wall on the east side of the proposed parking lot entrance road. • Sheet CE-5, Notes 23 and 24 refer to the abandonment of the existing abandoned water and sewer service to the vacant lot Abandonment shall be per Ventura County Requirements. Contact (805) 378-3000 at Ventura County Waterworks for more information. • The existing chain-link fencing and posts on the north, west and south sides of the vacant parcel shall be disposed at the end of the project. • The Design Engineer will be providing part time construction inspection support to the City staff who will also be performing observation services. Construction management will be handled by Phoenix Civil Engineering. • Section A-A on Sheet CE-9 shows 24 inches of 95% compacted material under the proposed pavement section and 12-inches of 95% compacted material under the sidewalk. • The proposed crosswalk across the Metrolink drive aisle as shown on Sheet CE-6 shall be concrete with thermoplastic striping. • The asphalt material finish lift on the project shall be ARHM-GG-C per Sheet CE-2, Note 2 (driveway pavement and appurtenant concrete notes). l\'dlTSl'-\R\I'-; \Lt\\)r CHRIS F'\FCRE'\ C l•u11...:ilrnL·mhL·r Rl"'lSF.--\\"\ \llh:l1S. Ph.II C1lun...:ilm.:mhLr r\--\\ 111 l'l)Ll_llCh: CllUncilm<:mhLT h:F\ Sl\ll1'\S (_ ·l1UnL·i[m.._·1nhcr 455 Addend um No . 3 Metrolink So uth Parking Sou th Entry Specifi ca tion No . PW: 20 19 -02 Page 2 of 2 'EN D OF C HA NGES' ------------------------------------------------------------------------------------------------------------------------------------------------------ Thi s addendum shall be made part of the above r efe renced project. Full compensati on for all work and requiremen ts of this addendum shall be co nsid ered as in cluded in th e appropri ate price bid a nd no add ition al com pensati on will be all owed th e refore . Se~iga~ .• ~er/P ubli c Works Director Re mind er: The oppo rtunity f or writte n requests for interpretation or co rr ec ti on was 5:00pm , Tuesday Octob e r 29 , 20 19 ........................................................................................................................................... PLEASE EMAIL A SIGNE'D COPY OF ADDENDUM TO JON TURNER AT jturner@phoenixcivil.com AND INCLUDE WITH BID. ACKNOWLEDGE RECE IPT OF THIS ADDE NDUM BY ATTAC HIN G A SIG N ED COPY OF THIS ADDE NDUM W ITH YO UR BID. FAILU RE TO DO SO MAY RES ULT IN DISQ U A LI FICATIO N OF YO U R PROPOSAL. RE C E IPT OF THI S A DDENDUM IS HEREBY AC KNOWLEDGED. A uthorized Represen tative : _____________________ _ S ign atu re of Au th oriz ed Represe ntative: ________________ _ 456