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HomeMy WebLinkAboutAGENDA REPORT 2015 1104 CCSA REG ITEM 10D ITEM 10.D. CITY OF MOORPARK.CALIFORNIA City Council Meeting of /L-' 1215 ACTION: MOORPARK CITY COUNCIL AGENDA REPORTBy. yy1 TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation D' ect r� BY: Jessica Sandifer, Senior Management Analys DATE: October 21, 2015 (CC Meeting of 11/04/15) SUBJECT: Consider Approval of Plans and Specifications and Authorization to Advertise for Bids for Retaining Wall Project at Arroyo Vista Community Park BACKGROUND A retaining wall at Arroyo Vista Community Park (AVCP) is in need of replacement. The retaining wall was installed at the top of the slope on the south side of the park, adjacent to three homes at the end of the cul-de-sac on Honeyglen Court and Summerglen Court. The original retaining wall was constructed with wood beams and galvanized steel posts for support, and is approximately 5' in vertical height and 90' in length. Over time, several wood beams have dislodged from the wall and there appears to be a significant amount of outward deformation. The actual construction date of the retaining wall is unknown, but staff suspects that it was constructed around the same time that the homes were constructed in 1985. In December 2013, the City Council authorized a geotechnical investigation of the retaining wall area. The investigation concluded that the movement of the existing wall is due to a combination of factors, which include the initial design and degradation of the existing wall, as well as the creep-type soil movement of the fill soils above the wall. In September 2014, the City Council approved funding to hire a civil engineer to design the retaining wall options recommended by the geotechnical consultant. Staff contracted with Phoenix Civil Engineering (Phoenix) to complete the construction drawings and specifications for the project. DISCUSSION Phoenix has completed the Construction Plans and Specifications to replace the retaining wall. The retaining wall as designed calls for the installation of cast in drilled hole (CIDH) piles and a reinforced concrete retaining wall that spans approximately 148'. The construction of the project will require the removal and replacement of an existing wrought iron property line fence that aligns with the top-of-slope at the property line of the park. Approximately 168 linear feet of fencing will be replaced where it abuts the new retaining wall. The new fence will tie into the 130 Honorable City Council November 4, 2015 Page 2 existing fence on either side of the project area. Construction of the retaining wall will require temporary construction easements across the homeowners' properties. The former City Engineer has reviewed the plans and specifications on several occasions and has approved the wall in concept. However, staff will obtain the approval of the acting City Engineer on the plan documents prior to bidding. FISCAL IMPACT The Civil Engineer estimates that construction of the retaining wall, including removal and replacement of the wrought iron property line fence, will cost approximately $110,000. Additionally, a proposal has been requested from Phoenix for Construction Management (CM) services. CM services are estimated to add approximately $15,000 to $20,000 to the cost of the project. Staff feels that professional management services are needed for this project due to the size, type, complexity, and location of the retaining wall. Staff will request a budget amendment from the General Fund Reserve for all components of the project once bids have been received. STAFF RECOMMENDATION Approve plans and specifications and authorize advertisement for bids for Retaining Wall Project at Arroyo Vista Community Park. Attachment 1 - Bid Documents and Specifications 131 ATTACHMENT 1 pAK _ CA Gi QQgO S 2 Zr,o efrww ie — py0,9gT.eD CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES NOTICE TO BIDDERS, CONTRACT PROPOSAL AND SPECIFICATIONS FOR THE CONSTRUCTION OF RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK Specification No. P&R 15-01 BIDS TO BE OPENED ON TBD AT 3:00 P.M. 132 P&R 15-01 CITY OF MOORPARK CONSTRUCTION DOCUMENTS FOR NAME: Retaining Wall Proiect at Arroyo Vista Community Park LOCATION: Arroyo Vista Community Park, 4550 Tierra Rejada Road SPECIFICATION NO.: P&R 15-01 DATE: November 4, 2015 City Project Representative: Jessica Sandifer Senior Management Analyst City of Moorpark Jeremy Laurentowski Parks and Recreation Director City of Moorpark 2 2015 AVCP Retaining Wall 133 P&R 15-01 DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES CITY OF MOORPARK NOTICE TO BIDDERS, SUBCONTRACTORS, AND SUPPLIERS If you discover any error or omission in the plans, specifications, or proposal, or have any question concerning the bidding documents, please contact: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Jessica Sandifer (805) 517-6225 jsandifer@moorparkca.gov Questions regarding the bid should be submitted in writing via e-mail to the City's project representative above. Please do not call other staff members or consultants. There will be a mandatory pre-bid conference and site walk held on TBD at Arroyo Vista Community Park. Potential bidders are required to attend this meeting. Failure to attend the mandatory pre-bid meeting will result in a bidder's proposal being rejected as non-responsive. All bids must be sealed and submitted at or before 3:00 p.m. on TBD, to the following: City Clerk City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 After the bid opening, bid results may be obtained by calling Patty Anderson at (805) 517-6227. After Notice to Proceed is issued to the successful bidder, all contacts should be through Jeremy Laurentowski, Parks and Recreation Director at (805) 517-6385 or jlaurentowski@moorparkca.gov NOTE: Please mark the outside of the envelope (and Express shipment envelope, if applicable): Arroyo Vista Park Retaining Wall Sealed Bids— Do Not Open With Regular Mail Bids to be opened at 3:30 p.m. on (TBD) 3 2015 AVCP Retaining Wall 134 P&R 15-01 TABLE OF CONTENTS Notice Inviting Sealed Bids Page 5 Bid Terms and Conditions Page 8 Proposal Page 14 Documents for Execution by Successful Bidder Page 31 Agreement/ Bonds / Etc. Page 33 Standard Specifications Page 53 Special Provisions Page 67 700 Special Conditions Page 91 701 Special Construction Requirements Page 95 702 Construction Signing and Pedestrian Safety Page 101 703 Stormwater Pollution Control Page 103 704 Clearing and Grubbing Page 105 705 Demolition and Removal Page 107 706 Cast In Drilled Hole (CIDH) Piles Page 109 707 Cast in Place Concrete Page 111 708 Earthwork Page 116 709 Drainage Improvements Page 121 710 Install Tubular Iron Fence Page 125 List of Appendices Page 116 Appendix 1: Ventura County Air Pollution Control Board Rule 55, Fugitive Dust 4 2015 AVCP Retaining Wall 135 P&R 15-01 CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES FACILITIES DIVISION NOTICE INVITING SEALED BIDS FOR Retaining Wall Project at Arroyo Vista Community Park 5 2015 AVCP Retaining Wall 136 P&R 15-01 NOTICE INVITING SEALED BIDS NOTICE IS HEREBY GIVEN that sealed bids for the Construction of a Retaining Wall at Arroyo Vista Community Park, 4550 Tierra Reiada Road, Moorpark, CA 93021 will be received by the City Clerk, in City Hall, 799 Moorpark Avenue, Moorpark, California, 93021, on or before XX:00 a.m. on XXXXXX, 2015, at which time they will be publicly opened and read. 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. There will be a mandatory pre-bid conference and site walk held on X, 2015 at xx:00 a.m. at the project site. Potential bidders are required to attend this meeting. Failure to attend the mandatory pre-bid meeting will result in a bidder's proposal being rejected as non-responsive. Failure to show up and sign-in will constitute non-attendance of the site walk. SCOPE OF WORK: The proposed project generally consist of removal and disposal of an existing wooden retaining wall, installation of cast in drilled hole piles and reinforced concrete retaining wall, drainage piping, minor grading, tubular steel fence replacement, and related work as required by the project plans and specifications. The proposal shall be submitted and the work shall be performed by a Class "A" licensed contractor in strict conformance with the specifications now on file in the City's Parks, Recreation, and Community Services Department. Copies of plans and specifications may be obtained by: E-mailing Patty Anderson, Administrative Assistant II at pandersonCc�moorparkca.gov, for an electronic copy of the plans and specifications. Plans can also be e-mailed to bidders preferred printing company or the City's preferred printing company. Bidder would be required to pay cost of printing at selected company. All prospective bidders shall abide by the provisions of the Bid Terms and Conditions listed in the project's specifications. The City reserves the right to retain all proposals for a period of 90 days after the bid opening date for examination and comparison and to delete any portion of the work from the Contract. The City reserves the right to determine and waive nonsubstantial irregularities in any proposal, to reject any or all proposals, to reject one part of a proposal and accept the other. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. The City further reserves the right to make award to the lowest responsible bidder as the interest of the City may require. This is a prevailing wage proiect. In accordance with the provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Section 1770 et al.), the California Department of Industrial Relations has established the general prevailing rates of per 6 2015 AVCP Retaining Wall 13 7 P&R 15-01 diem wages for each craft, classification and type of work needed to execute contracts for public works and improvements. The per diem wages published at the date the contract is advertised for bids shall be applicable. Copies of the prevailing rate of per diem wages are on file in the Parks, Recreation and Community Services Department or on the Internet at www.dir.ca.gov/DIR/S&R/statistics _research.html, and such copies will be made available to any interested party upon request. Future effective wage rates which have been predetermined are on file with the Department of Industrial Relations, are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date and apply to this contract in the same manner as if they had been included or referenced in this contract. The wage rate for any classification not listed by 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 agencies determinations. The bid must be accompanied by certified check, cashier's check, or bidder's bond, made payable to the City of Moorpark for an amount no less than ten percent (10%) of the total bid amount, as a guarantee that the bidder, if its bid is accepted, will promptly obtain the required bonds and insurance and will prepare the required submittal documents and execute the contract. The Bid Bonds for those bids that were not selected will be returned to the Bidders upon award of the contract by the City Council. Pursuant to California Civil Code Section 9550 et. seq., the successful bidder shall fumish to the City at the time of execution of the contract a payment bond approved by the City in an amount equal to one hundred percent (100%) of the contract price. The successful bidder shall also furnish to the City at the time of execution of the contract a faithful performance bond approved by the City in an amount equal to one hundred percent (100%) of the contract price. The Contractor may substitute securities for retention monies pursuant to Public Contract Code, Section 22300. The Plans, Contract documents and Specifications will be available for public inspection at the following locations: City of Moorpark F. W. Dodge 799 Moorpark Avenue 1333 S. Mayflower Avenue, # 300 Moorpark, CA 93021 Monrovia, CA 91016 Ventura County Contractor's Association Also on-line at: 1830 Lockwood Street www.ebidboard.com Oxnard, CA 93036 Santa Maria Valley Contractor's Association 2003 N. Preisker Lane, Santa Maria, CA 93454 7 2015 AVCP Retaining Wall 138 P&R 15-01 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: Arroyo Vista Park Retaining Wall Sealed Bids — 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. All requests for a "Bid Package" and any questions regarding this notice can be directed to the City's Project Representative: Jessica Sandifer, Senior Management Analyst at Phone (805) 517-6225, Fax (805) 532-2550 or by e-mail jsandifer@moorparkca.gov. 8 2015 AVCP Retaining Wall 139 P&R 15-01 CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PARKS DIVISION BID TERMS AND CONDITIONS FOR RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK 9 2015 AVCP Retaining Wall 14 0 P&R 15-01 BID TERMS AND CONDITIONS Requirement to Meet All Bid Provisions - Each bidder shall meet all of the specifications and bid terms and conditions. By virtue of the bid submission, the bidder acknowledges agreement with and acceptance of all provisions of the specifications except as expressly qualified in the proposal. Nonsubstantial deviations may be considered provided that the bidder submits a full description and explanation of and justification for the proposed deviations. Whether any proposed deviation is nonsubstantial will be determined by the City in its sole discretion. License - In accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid applicable Class "A" Contractor's License at the time the bid is submitted. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award the Contract to any bidder not possessing said license at the time of bid submittal. Contractor must be registered with the California Department of Industrial Relations (DIR) pursuant to SB 854. Proof of registration must be provided or the Contractor's bid will not be accepted. Communications Regarding Bid - If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents, or discovers discrepancies or omissions, the bidder may submit to the City a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents shall be made only by addendum duly issued by the City . A copy of such addendum will be mailed or delivered to each potential bidder receiving a set of the Contract Documents. Such addendum shall be considered a part of and incorporated in the Contract Documents. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such verbal communication shall not be binding on the City. E-mail communication is the preferred form of communication with City staff. Bidder's Bond Requirement - Bidders shall provide a properly executed Bidder's Bond (on the form provided herein), cashier's check or other bidder's security payable to the City of Moorpark to accompany the Proposal in the amount of ten percent (10%) of the total bid. The proceeds thereof will become the property of the City if the bidder fails to or refuses to execute the contract within ten (10) calendar days after the City has notified the bidder of intent to award the bid or within ten (10) calendar days after notice of the award has been sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory bonds or evidence of insurance required in the contract construction documents within ten (10) days after the bid has been awarded. The bond shall be sufficient and duly executed by a surety admitted to do business in 10 2015 AVCP Retaining Wall 141 P&R 15-01 the State of California. All bid bonds or substitutes therefore will be returned upon timely execution of the Contract and the filing of satisfactory insurance certifications and bonds by successful bidder. Bid Submission - Each bid must be submitted on the form(s) provided in the Proposal. The Proposal shall be enclosed in an envelope which shall be sealed and addressed to the City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. In order to guard against premature opening, the Proposal shall be clearly labeled with the bid title, name of bidder, and date and time of bid opening. If proposal is delivered to the City via Express Delivery, or other priority mail service, the above information must also be included on the outside shipment envelope. Submission of One Bid Only - No individual, or business entity of any kind shall be allowed to make or file or to be interested in more than one bid, except an alternative bid when specifically requested. However, an individual who has quoted prices on materials to a bidder submitting a Proposal is not thereby disqualified from quoting prices to other bidders submitting proposals. Bid Withdrawal - A bidder may withdraw its Proposal without prejudice prior to the time specified for the bid opening by submitting a written request to the City for its withdrawal. If this occurs, the Proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the Notice Inviting Bids will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. Bid Quotes and Unit Price Extensions - The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Bid Submission Form(s). The Bid Submission Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform to the specified unit price. Bid Retention and Award - The City reserves the right to retain all proposals for a period of 90 days after the bid opening date for examination and comparison. The City also reserves the right to determine and waive nonsubstantial irregularities in any proposal, to reject any or all proposals, to reject one part of a proposal and accept the other, except to the extent that the proposals are qualified by specific limitations, and to make award to the lowest responsible bidder as the interest of the City may require. Labor Actions - In the event that the successful bidder is experiencing a labor action at the time of the award of the bid (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible bidder and may accept the next acceptable low bid from a bidder that is not experiencing a labor action and declare it to be the lowest responsible bidder. 11 2015 AVCP Retaining Wall 142 P&R 15-01 Contract Requirement - The bidder to whom award is made, or notice of intent is given, shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to the address given in the Proposal or within ten (10) calendar days after receipt by bidder of oral communication of the intent to award, whichever occurs first. The Contract shall be made in the form adopted by the City and incorporated in these specifications. The bidder warrants that bidder possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District Laws, Ordinances, and Regulations which are applicable; and further, bidder shall comply with all Federal, State, County, City and Special District Laws, Ordinances, and Regulations which are applicable. Failure to Accept Contract - If upon notification of intent to award the bid by the City, the bidder fails to enter into the Contract within 10 days of receipt of notification to sign, the pending award will be cancelled. Any bid security will be forfeited in accordance with these Bid Terms and Conditions if a bidder's bond or security is required. An award may be made to the next lowest responsible bidder who shall fulfill every term and condition of the bid. Business Registration - The City's Business Registration Ordinance requires that a Business Registration Receipt be obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted within the City. Additional information regarding the City's Business Registration program may be obtained by calling (805) 517-6243. Faithful Performance Bond Requirement - The bidder to whom the Contract is awarded (Contractor) shall execute the Contract and furnish a surety bond, on the form contained herein, in the amount of 100% of the Contract bid price guaranteeing the faithful performance of the Contract. The bond shall remain in force for a period of one year after the date of recordation of Notice of Completion by City. The bond shall be sufficient and duly executed by a surety admitted to do business in the State of California. Material Suppliers and Laborer Bond Requirement - The Contractor shall furnish a surety bond, on the form contained herein, by an admitted surety in the amount of 100% of the Contract bid price to secure the payment of claims for materials and labor provided by others in performing the work. The bond shall be sufficient and duly executed by a surety admitted to do business in the State of California. Antitrust Claims - In accordance with Section 4552 of the Government Code, in submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of 12 2015 AVCP Retaining Wall 143 P&R 15-01 Division 7 of the Business and Professions Code], arising from purchases of goods, materials or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. This assignment shall be made and become effective at the time the awarding body tenders final payment to the bidder without further acknowledgment by the parties. Prevailing Wages and Minority Group Skill Upgrade and Employment - Bidders are hereby notified that pursuant to the provisions of the California Labor Code the California Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. Public Records Act - All information contained in the Proposal is public information once opened unless it is bona fide trade secret information and is labeled as such. Any California Public Records Act request for information labeled as a trade secret shall be forwarded to the bidder for legal defense. Failure on the part of the bidder to promptly defend against any such request or action shall be deemed an unqualified waiver of the confidentiality of all trade secret information in the Proposal. Accuracy of Specifications - The specifications and the plans for this project are believed by the City to be accurate and to contain no mis-representation nor any concealment of any material fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guarantee the accuracy of its interpretation of test results contained in the bid package. In preparing its proposal, bidder and all subcontractors named in bidder's proposal shall bear sole responsibility for bid preparation errors resulting from any misstatements or omissions in the plans and specifications which could have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to bid submission. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder and/or waiver of any defect by the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability, and diligence on bidder's part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of bid specifications or plans defects or ambiguities prior to bid submission shall waive any right to assert said defects or ambiguities subsequent to submission of the bid. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided therefore in the bid. 13 2015 AVCP Retaining Wall 144 P&R 15-01 In the event that, after awarding the bid, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or over any other matter whatsoever, Contractor shall immediately notify City in writing and Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 14 2015 AVCP Retaining Wall 145 P&R 15-01 CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PARKS DIVISION PROPOSAL FOR RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK 15 2015 AVCP Retaining Wall 146 P&R 15-01 DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PROPOSAL FOR Retaining Wall Project at Arroyo Vista Community Park Specification No. P&R 15-01 Bids to be received on (TBD). Completion Time: 90 Consecutive Working Days after Receipt of Notice to Proceed Liquidated Damages $500 per Calendar Day CONTRACTOR Name Street Address City State Zip Code Telephone Number Fax Number Email The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor's overhead and profit. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. SUBMIT PAGES 19 THROUGH 31 FULLY EXECUTED WITH THIS PROPOSAL 16 2015 AVCP Retaining Wall 14 7 P&R 15-01 LIST OF DOCUMENTS TO BE SUBMITTED WITH PROPOSAL FOR Retaining Wall Project at Arroyo Vista Community Park Instructions for Signing Proposal, Bonds, and Contract Page 17 Contractor's Proposal Statement Page 18 Proposed Schedule of Work and Prices Page 19 Bidder's Bond to Accompany Proposal Page 21 Statement of Bidder's Qualifications and References Page 22 Statement of Bidder's Past Contract Disqualifications Page 26 Questionnaire Regarding Subcontractors Page 27 Bidder's Statement of Subcontractors and Material Fabricators Page 28 Non-collusion Declaration Page 29 California Labor Law Requirements Page 30 • 17 2015 AVCP Retaining Wall 148 P&R 15-01 INSTRUCTIONS FOR SIGNING PROPOSAL, BONDS AND CONTRACT Corporations a) Give name of Corporation. b) Signatures: President or Vice-president and Secretary or Assistant Secretary. c) Affix corporate seal and notary's acknowledgment. d) Others may sign for the corporation if the City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so. Partnerships a) Signatures: All members of partnership. One may sign if City has a copy of authorization. b) Affix notary's acknowledgment. Joint Ventures a) Give the names of the joint venturers. b) Signatures: All joint venturers. One may sign if City has a copy of authorization. c) Affix notary's acknowledgment. Individuals a) Signature: The individual. b) Affix notary's acknowledgment. c) Another may sign for the individual if the City has been furnished a notarized power-of-attorney authorizing the other person to sign. Fictitious Names a) Show fictitious names. b) Satisfy all pertinent requirements show above. Bonds a) In addition to all pertinent requirements above, give signature of Attorney-in- fact and apply surety's seal and provide address and telephone number of said surety. PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS 18 2015 AVCP Retaining Wall 149 P&R 15-01 CONTRACTOR'S PROPOSAL STATEMENT City of Moorpark Moorpark, California 93021 Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Proposal. The undersigned has carefully checked all the figures in this Proposal and understands that City will not be responsible for any error or omission on the part of the undersigned in preparing this bid nor will City release the undersigned on account of such error or omission. The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct. The undersigned further agrees that in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten (10) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Moorpark. Licensed in accordance with an act providing for the registration of Contractor's License No. Class , Expiration Date Names of Co-Partners or Corporate Officers and Titles: Signature of Bidder Title Signature of Bidder Title Date of Submittal , 2015 Name of Contractor or Firm Telephone No. ( ) Address Doing Business as Individual/Partnership/Corporation State of Incorporation Federal Tax Identification Number: ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form, and Corporate Seal if Applicable 19 2015 AVCP Retaining Wall 150 P&R 15-01 PROPOSED SCHEDULE OF WORK AND PRICES FOR RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK Paymen Item t Unit No. Ref. Description Qty Unit Price Total 1 703 2 Stormwater Pollution Control 1 LS Plan 2 704-5 Clearing and Grubbing 1 LS 3 705-3 Demolition and Removal 1 LS 4 706-5 Cast In Drilled Hole (CIDH) 19 EA Piles 5 707-5 Cast in Place Concrete 80 CY 6 708-5 Earthwork 1 LS 7 709-5 Drainage Improvements 1 LS 8 710-3 Install Tubular Steel Fence 168 LF Total Amount of Bid: $ Contractor's Name 20 2015 AVCP Retaining Wall 151 P&R 15-01 PROPOSED SCHEDULE OF WORK AND PRICES Retaining Wall Project at Arroyo Vista Community Park 'ADDITIONS/DEDUCTIONS TOTAL AMOUNT BID $ Bid Item No. New Total Addition for: + Addition for: + Addition for: + Deduction for: - Deduction for: , - Deduction for: Adjusted Total Bid Amount: $ Adjusted Total Bid Amount in Words: Provisions are made for the bidder to include additions or deductions in price for bid item(s) to reflect last-minute adjustments in bidder's total bid amount. The bid item for which the addition or deduction in price is made shall be listed by the bidder as indicated above. The unit price for that item (if applicable) shall be adjusted by dividing the bid quantity into the new total amount as determined after adding or subtracting the amount listed by the contractor for such item. The following addenda are acknowledged: Number Date (Bidder must fill in number and date of each addendum or may enter the word "None" if appropriate.) I make this Proposal and certify under penalty of perjury that all the statements in this proposal that I have signed are true and correct. Contractor's Name Contractor's Name Signature Date Signature Date Title Title 21 2015 AVCP Retaining Wall 152 P&R 15-01 BIDDER'S BOND TO ACCOMPANY PROPOSAL (in lieu of cash, certified or cashier's check) KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety, acknowledge ourselves jointly and severally bound to the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be paid to the City if the Proposal shall be accepted and the Principal shall fail to to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture. WITNESS our hands this day of , 2015. Contractor By Title By Title Surety By ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) 22 2015 AVCP Retaining Wall 15 3 P&R 15-01 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License Class A at the time the bid is submitted to the City, and Bidder must have satisfactorily completed at least four municipal projects in the last five years of comparable size and scope of this project. Number of years engaged in business under the present business name: Attach additional pages if required to show the necessary experience. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Project 1 Name/ Number Project Description Approximate Construction Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.) Did you 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 theabove two questions, please explain and indicate outcome of claims. 23 2015 AVCP Retaining Wall 154 P&R 15-01 Project 2 Name/ Number Project Description Approximate Construction Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name! Number Project Description Approximate Construction Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.) 24 2015 AVCP Retaining Wall 155 P&R 15-01 Did you 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 4 Name/ Number Project Description Approximate Construction Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.) Did you 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. 25 2015 AVCP Retaining Wall 156 P&R 15-01 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF I am the Of the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on at , California. (date) (place) I declare, under penalty of perjury, that the foregoing is true and correct. Signature of Bidder Title Signature of Bidder • Title 26 2015 AVCP Retaining Wall 157 P&R 15-01 STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS The bidder shall state whether such bidder, any officer or employee of such bidder who has a proprietary interest in such bidder has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation; and if so, explain the circumstances. 1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare? Yes No 2. If Yes, explain the circumstances. Executed on at , California. I declare, under penalty of perjury, that the foregoing is true and correct. Signature(s) of Authorized Bidder Signature(s) of Authorized Bidder Title Title 27 2015 AVCP Retaining Wall 158 P&R 15-01 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with the proposal. 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes( ) No ( ) 2. If the answer to No. 1 is "yes", please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of threats: (e) Additional comments: (Use additional paper if necessary) (f) We declare under penalty of perjury that the foregoing is true and correct. Dated this day of , 2015. Name of Company By Title By Title 28 2015 AVCP Retaining Wall 159 P&R 15-01 BIDDER'S STATEMENT OF SUBCONTRACTORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the total lump sum bid amount. (NOTE: If bidding contractor does not have the appropriate specialty designations as required by these bid documents, than a subcontractor with the appropriate specialty designation must be listed here. Failure to do so may result in the bid being disqualified.) Subcontractor Name: License No: Classification: Subcontractor Address: Subcontractor Phone: Type of Work: Percent Work to be done: Subcontractor Name: License No: Classification: Subcontractor Address: Subcontractor Phone: Type of Work: Percent Work to be done: Subcontractor Name: License No: Classification: Subcontractor Address: Subcontractor Phone: Type of Work: Percent Work to be done: • (attach more sheets if necessary) Total Percentage 2 Signature(s) of Bidder Date Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2-3.2 29 2015 AVCP Retaining Wall 16 0 P&R 15-01 NON-COLLUSION DECLARATION TO BE EXECUTEDBY BIDDER AND SUBMITTED WITH BID 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]. Name of Bidder Signature of Bidder Address of Bidder ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) 30 2015 AVCP Retaining Wall 161 P&R 15-01 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 Califomia 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 conceming 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 31 2015 AVCP Retaining Wall 162 P&R 15-01 • CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PARKS DIVISION Documents for Execution by Successful Bidder FOR RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK 32 2015 AVCP Retaining Wall 163 P&R 15-01 LIST OF DOCUMENTS FOR EXECUTION BY SUCCESSFUL BIDDER Agreement Page 33 Bond for Faithful Performance Page 48 Bond for Material Suppliers and Laborers Page 50 Worker's Compensation Insurance Certificate Page 52 33 2015 AVCP Retaining Wall 164 P&R 15-01 AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR CONSTRUCTION OF RETAINING WALL AT ARROYO VISTA COMMUNITY PARK THIS AGREEMENT, is made and effective as of this day of , 2015, 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 construction of a retaining wall at Arroyo Vista Community Park; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, the City Council of the City at a meeting held on the day of , 2015, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended as referred to herein. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to construction of the retaining wall at Arroyo Vista Community Park, 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 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. 34 2015 AVCP Retaining Wall 16 5 P&R 15-01 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 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 35 2015 AVCP Retaining Wall 166 P&R 15-01 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 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 the agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the 36 2015 AVCP Retaining Wall 16 7 P&R 15-01 Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of five hundred dollars ($500.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. 37 2015 AVCP Retaining Wall 16 8 P&R 15-01 With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation) of every nature' arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from 38 2015 AVCP Retaining Wall 16 9 P&R 15-01 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. 39 2015 AVCP Retaining Wall 170 P&R 15-01 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and 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 handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or 40 171 2015 AVCP Retaining Wall P&R 15-01 partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18.NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: CONTRACTOR COMPANY ADDRESS CITY STATE ZIP CODE Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 41 172 2015 AVCP Retaining Wall P&R 15-01 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such 42 2015 AVCP Retaining Wall 17 3 P&R 15-01 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. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONTRACTOR By: By: Steven Kueny, City Manager SIGNOR, TITLE Attest: Maureen Benson, City Clerk 43 2015 AVCP Retaining Wall 174 P&R 15-01 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: 1. Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $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. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. 44 2015 AVCP Retaining Wall 17 5 P&R 15-01 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $ ,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. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. 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 of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 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. 45 2015 AVCP Retaining Wall 17 6 P&R 15-01 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party 46 2015 AVCP Retaining Wall 1 7 7 P&R 15-01 involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to 47 2015 AVCP Retaining Wall 17 8 P&R 15-01 this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. 48 2015 AVCP Retaining Wall 179 P&R 15-01 THIS PAGE LEFT BLANK INTENTIONALLY 49 2015 AVCP Retaining Wall 180 P&R 15-01 BOND FOR FAITHFUL PERFORMANCE BOND NO. KNOW ALL PERSONS BY THESE PRESENTS: That we, hereinafter referred to as "Contractor" as principal, and hereinafter referred to as "Surety," are held and firmly bound unto the City of Moorpark, California, hereinafter referred to as "City", or "Obligee" in the sum of dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City of Moorpark, California, for Retaining Wall Project at Arroyo Vista Community Park, and is required by said City to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void upon written approval of the City and upon expiration of one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. 50 2015 AVCP Retaining Wall 181 P&R 15-01 BOND FOR FAITHFUL PERFORMANCE (cont'd) IT IS FUTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety there under, nor shall any extension of time granted under the provisions of the Contract release either the Contractor of the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of , 2015. Contractor By Title By Title Surety By ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) 51 2015 AVCP Retaining Wall 18 2 P&R 15-01 BOND FOR MATERIAL SUPPLIERS AND LABORERS BOND NO. KNOW ALL PERSONS BY THESE PRESENTS: That we, hereinafter referred to as "Contractor" as principal, and hereinafter referred to as "Surety," are held and firmly bound unto the City of Moorpark, California, hereinafter referred to as "City", or "Obligee" in the sum of dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City, for Retaining Wall Project at Arroyo Vista Community Park, and is required by City to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors, fails to pay for any materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 9100 of the Civil Code of the State of California. 52 2015 AVCP Retaining Wall 18 3 P&R 15-01 BOND FOR MATERIAL SUPPLIERS AND LABORERS IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety there under, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of , 2014. Contractor By Title By Title Surety ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) 53 2015 AVCP Retaining Wall 18 4 P&R 15-01 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: 54 2015 AVCP Retaining Wall 18 5 P&R 15-01 CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PARKS DIVISION STANDARD SPECIFICATIONS FOR RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK 55 2015 AVCP Retaining Wall 186 P&R 15-01 CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PARKS DIVISION STANDARD SPECIFICATIONS 0-1 STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), and all supplements thereto, prepared and promulgated by the Greenbook Committee of Public Works Standards Inc., formerly the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America, and the following modifications thereto are established as the Standard Specifications for the City. They will be referred to in the Special Provisions as the "Standard Specifications." SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS 1-2.1 Additional Definitions Acceptance — The formal written acceptance by the City of the completed project. Addendum — The modification of the plans and/or specifications issued to all prospective bidders during the period when necessary to change, correct, clarify or further define any phase of the work. Agency/City— City of Moorpark. Approved Equal — or words of the like import refer to a material which has been approved by the City as similar and equal in all respects and acceptable for use in lieu of the particular materials as specified herein. No "approved equal" material shall be used in any of the work unless approval is first obtained in writing from the City. The City reserves the right to reject any and all materials, either before or after installation that are not as specified or approved by the City in writing. In all cases where proprietary articles are specified, it is the intent of these specifications to permit the use of approved equals, unless specifically prohibited. Requests for "approved equal" status for proposed substitutions shall be submitted within fifteen (15) days after the award of the Contract. Such requests shall include substantiating data and the proposed credit to the Contract price for the use of such substitution, should it be approved. - 56 - 2015 AVCP Retaining Wall 18 7 P&R 15-01 Approved, Required, Directed — or similar words, refer to and indicate that the work or materials shall be "approved", "required" or "directed" by the City of Moorpark or its duly authorized representative. Bid —That document included in the Proposal setting forth the performance prices for the work. City Council — The body constituting the awarding authority of the City. Department— Parks, Recreation and Community Services Department, City of Moorpark. Due Notice — A written notification, given in due time, of a proposed action where such notification is required by the Contract to be given a specified interval of time (usually 48-hours or two working days) prior to the commencement of the contemplated action. Notifications may be from City to Contractor or from Contractor to City. Laboratory - Any laboratory of a public agency or any recognized commercial testing laboratory approved by the City. Prompt — The briefest interval of time required for a considered reply, including the time required for approval by a governing body. Proposal — Includes all those documents which must be submitted by bidder in order to be awarded the Contract. ABBREVIATIONS 1-3.3.1 Institutions AAN American Association of Nurserymen ACI American Concrete Institute AGC Associated General Contractors of America AISC American Institute of Steel Construction APCD Air Pollution Control District APWA American Public Works Association ASA American Standards Association ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials CAL-OSHA California Occupational Safety & Health Administration CITY City of Moorpark CRSI Concrete Reinforcing Steel Institute DISTRICT Ventura County Waterworks District No. 1 IEEE Institute of Electric and Electronic Engineer NEC National Electrical Code - 57 - 2015 AVCP Retaining Wall 188 P&R 15-01 NFPA National Fire Protection Association SSPWC Standard Specifications for Public Works Construction, latest edition, prepared by the Greenbook Committee of Public Works Standards, Inc., formerly the Southern California Chapters of ACG and APWA SSS State of California, Department of Transportation, Standard Specifications, latest edition VCFCD Ventura County Flood Control District VCTC Ventura County Transportation Commission VCWPD Ventura County Watershed Protection District SECTION 2 — SCOPE AND CONTROL OF THE WORK 2-2 CONTRACT ASSIGNMENT The bidder shall not in whole or in part, assign, transfer, convey, or otherwise dispose of the Contract, or its right, title or interest, or its power to execute such a Contract to any individual or business entity of any kind without the previous written consent of the City. 2-5.1.1 Accuracy of Specifications The specifications and the plans for this project are believed by the City to be accurate and to contain neither misrepresentation nor any concealment of any material fact. Bidders are cautioned to undertake an independent analysis of any materials, test data and results, if any, in the specifications. City does not guarantee the accuracy of any interpretations of test data and results contained in the specifications. Bidder and all subcontractors named in the Proposal shall bear sole responsibility for bid errors resulting from misstatements or omissions in the plans and specifications which would have been ascertained by examining either the project site or the test data and results, if any, in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall given rise to a duty of the bidder to inquire prior to bid submission. Failure to so inquire shall cause any such ambiguity to be construed against the bidder and/or a waiver of any defect by the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder assuming reasonable skill, ability, and diligence, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of defects or ambiguities in bid specifications or plans, prior to bid - 58 - 2015 AVCP Retaining Wall 189 P&R 15-01 submission, shall waive any right to assert said defects or ambiguities subsequent to submission of the bid. To the extent that these specifications continue performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided therefore in the bid. In the event that any dispute arises after awarding the bid as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or over any other matter whatsoever, Contractor shall immediately notify City in writing. Contractor and all subcontractors shall continue to perform whether or not the ambiguity or defect is major, material, minor and trivial and whether or not a change order, time extension, or additional compensation has been granted by the City. Failure to provide such written notice within one working day of Contractor becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 2-5.4 Bidders Required to Make Investigations Bidders are required to make their own investigations and their own estimates of the site. It is not intended nor to be inferred that the specifications are or constitute any representation of warranty, express or implied, by the City of Moorpark or any officer or employee, thereof, that any conditions which may seem to be indicated by the specifications actually exist or are to be relied upon either with reference to site or subsoil conditions, the presence or absence of groundwater, or otherwise. The bidder to whom this Contract is awarded covenants and agrees by execution of Contract that the specifications do not constitute any warranty or representation, express or implied, respecting actual conditions which will be encountered by the Contractor in performance of the Contract and that the Contractor cannot and does not rely thereon and shall not be relieved of liability under the Contract. Neither the City nor any officer or employee thereof shall be liable to the Contractor as a result of any difference or variance between conditions suggested or seemingly indicated by the specifications of the work or otherwise. It is the overriding purpose and intent of the parties that the Contractor assumes all risks in connection with performance of the work in accordance with the contract documents regardless of any such difference or variance. The Contractor forever and irrevocably waives, relinquishes and releases any claims, rights, demands, damages, actions and causes of action in connection therewith against the City of Moorpark and its officers and employees. - 59 - 2015 AVCP Retaining Wall 190 P&R 15-01 2-5.5 Additional Investigations Required Prior to bid submittal, the Contractor must perform an independent site investigation and by the bid represents that the Contractor has accomplished and is satisfied as to the result of the investigation required under these Bid Terms and Conditions. In addition thereto, the Contractor has investigated all other general and local conditions pertaining to the work to be performed, the site of the work and adjacent and nearby areas, including, but not limited to, those relating to transportation, the disposal, handling and storage of materials, availability of labor, water, electrical power, road and uncertainties of weather, all other physical conditions at and near the site of the work to be performed by the Contractor, including the conformation and conditions of the ground, and the character of equipment and facilities needed prior to and during prosecution of the work. The bidder to whom this Contract is awarded covenants and agrees by execution of the Contract that the Contractor neither has nor shall have any claim, demand, action or cause of action against the City of Moorpark, or any officer or employee thereof, on account of or in respect to any such conditions, whether or not the same are ascertained or known by the Contractor. It is the sole responsibility of the Contractor to estimate properly the difficulties to be encountered in providing necessary labor, quantities of material, and the cost of successfully performing the Contractors work in conformity with the contract documents. Neither the City of Moorpark nor any officer or employee thereof shall be responsible to the Contractor, nor shall any claim, demand, action or cause or action exist or arise in favor of the Contractor, on account of any oral statement or alleged representation made by the City of Moorpark, or any officer or employee thereof, in respect to any of the foregoing matters. SECTION 5 - UTILITIES 5-7 SCOPE OF WORK Work shall conform to the provisions in Section 5 of the SSPWC. Manhole covers, water valve covers and grates of existing facilities will be adjusted to grade by the respective utility companies if such facilities are not included in the Contract. The Contractor shall cover grates with material suitable for preventing any paving material from passing through the grate. The Contractor shall mark the location of all existing covers by inscribing a cross in the new pavement or overlay. The cross mark shall be clear and legible after final rolling. The Contractor shall remove extraneous material from the interior and exterior of manholes, valve boxes, storm drains, gutters or other facilities. Covers which are partially exposed shall be cleaned to the satisfaction of the City. The Contractor shall contact the respective utility companies and other agencies listed below 48 hours prior to starting any work which those companies are affected, if applicable. - - 60 - 2015 AVCP Retaining Wall 191 P&R 15-01 To make sure that all utility companies are aware of the proposed work, the Contractor shall notify the Underground Service Alert Office (South USA) by calling 1-800-422-4133 at least two working days prior to the start of any resurfacing work. If the Contractor, while performing work pursuant to the Contract, discovers utility facilities not identified correctly or omitted in the Plans or Specifications by the City, the Contractor shall immediately notify the City and utility owner in writing. Payment for costs incurred in protecting utility vaults, manholes, valve boxes, including the requirements pursuant to this section, shall be included in the prices bid for other items of work and no additional compensation will be allowed therefore. UTILITY/AGENCIES TELEPHONE CONTACT LIST CITY ENGINEER TIME WARNER (805) 517-6255 (888) 892-2253 TRAFFIC ENGINEER AT &T (805) 517-6285 (800) 310-2355 CITY POLICE DEPARTMENT UNDERGROUND SERVICE ALERT (805) 532-2700 1-800-422-4133 CALIFORNIA HIGHWAY PATROL UNION PACIFIC RAILROAD CO. (805) 553-0800 (800) 336-9193 MOORPARK TRANSIT DIVISION MOORPARK UNIFIED SCHOOL DIST. (805) 517-6257 (805) 378-6300 VENTURA COUNTY WATERWORKS VENTURA COUNTY FIRE PROTECTION DISTRICT NO. 1 DISTRICT (805) 378-3000 (805) 389-9710 CALLEGUAS MUNICIPAL WATER U.S. POST OFFICE DISTRICT (805) 529-3596 (805) 526-9323 WASTE MGMT/GI RUBBISH SO. CALIFORNIA EDISON COMPANY (805) 522-9400 (800) 655-4555 ANDERSON RUBBISH THE GAS COMPANY (805) 526-1919 (800)427-2200 CALTRANS MED TRANS AMBULANCE (805) 653-2584 (805) 495-4668 SUNESYS California Sales/Operations (951) 278-0400 - 61 - 2015 AVCP Retaining Wall 19 2 P&R 15-01 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-3.3 Temporary Suspension of Work If suspension of work is ordered by reason of the failure of the Contractor to carry out orders or to perform any provisions of the Contract, or by reason of weather conditions being unsuitable for performing any items of work at Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public during the period of such suspension. In the event that the Contractor fails to perform the work above specified, the City will perform such work and the cost thereof will be deducted from monies due or to become due the Contractor. If the City orders a suspension of all of the work or a portion of the work, due to unsuitable weather or to such other conditions as are considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days. If a portion of work at the time of such suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations. If a suspension of work is ordered by the City due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if such days are working days. 6-6.1 Work Delays If the Contractor is obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City or by strikes, fire, earthquake, or any other act of God, or by the inability to obtain materials, equipment, or labor due to Federal Government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 6-8.1 No Waiver of Legal Rights The City shall not be precluded or be stopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefore from showing the true - 62 - 2015 AVCP Retaining wall 19 3 P&R 15-01 amount and character of the work performed and materials furnished by the Contractor, nor from showing that any such measurement, estimate, or certificate is untrue or is incorrectly made, nor that the work or materials do not in fact conform to the Contract. The City shall not be precluded or stopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor or Surety, or both, for such damage as it may sustain by reason of the Contractor's failure to comply with the terms of the Contract. Neither the acceptance by the City or by the City's representative nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possession taken by the City shall operate as a waiver of any portion of the Contract or of any power herein reserved or of any right to damages. A waiver of any breach of the Contract shall not be held to be a continuing waiver or a waiver of any other or subsequent breach. 6-8.2 Non-Complying Work Neither the final payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the City, nor recordation of Notice of Completion by City shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-2.2.1 Labor Laws Labor Code Concerning Forfeiture for Worker Required to Work Excess Hours As provided in Section 1810 of the Labor Code, eight (8) hours shall constitute a legal day's work, and as required by Section 1813 of the Labor Code, the Contractor shall, as a penalty, forfeit to the City twenty- five dollars ($25.00) for each worker employed in the execution of the Contract 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 calendar day or 40 hours in any one calendar week. Exception: Pursuant to Labor Code Section 1815, work performed by employees of the Contractor and subcontractors in excess of eight (8) hours per day or 40 hours during any one week shall be permitted upon - 63 - 2015 AVCP Retaining Wall 194 P&R 15-01 compensation for all hours worked in excess of eight (8) hours per day at not less than 1 1/2 times the basic rate of pay. Labor Code Concerning Forfeiture for Paying Less than Prevailing Wage Rate In accordance with Section 1775 and subsequent amendments of the Labor Code, the Contractor shall forfeit as a penalty to the City of Moorpark, not more than $200.00 for each calendar day or portion thereof, for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the Contract by the Contractor or by any subcontractor in violation of the provisions of said resolution. In addition to said penalty and pursuant to the said Section 1775 and subsequent amendments, the difference between the stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Any sums forfeited under the provisions of this section will be deducted from the payments under this Contract by the City of Moorpark. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter." Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996 - Stat. 1980, Chapter 992), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements of these Specifications. The Contractor or subcontractor shall comply with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall not induce, by any means, any person employed in the construction, completion, or repair of public works, to give up any part of the compensation due that person. Any suspected or - 64 - 2015 AVCP Retaining Wall 19 5 P&R 15-01 reported violation will be reported to the appropriate Federal Agency for proper action. Attention is directed to the provisions in Sections 1777.5, and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. The Contractor shall comply with the General Prevailing Wage determination made by the Director of Industrial Relations, pursuant to California Labor Code, Division 2, Part 7, Chapter 1, Article 2. Section 1777.5 requires the Contractor and subcontractors employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which committee administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the hourly non- overtime ratio of apprentices to journeymen that will be used in the performance of the Contract; except for Land Surveyors in which case the ratio shall be not less than one apprentice for each five journeyman. The hourly non-overtime ratio of apprentices to journeymen in such cases shall not be less than one to five, if practicable, except as noted in Section 1777.5. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on the Contract and if subcontractors on the public works site are making such contributions. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-5 PERMITS 7-5.1 City Encroachment Permit A City Encroachment Permit is required to work within public right-of-way and will be issued at no cost to the Contractor. 7-5.2 Other Encroachment Permits When work occurs in the right-of-way of other entities, the Contractor shall obtain and pay, as required, for an encroachment permit from that entity. - 65 - 2015 AVCP Retaining Wall 196 P&R 15-01 7-8 PROJECT SITE MAINTENANCE 7-8.2.1 Additional Air Pollution Control Requirement The Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 7401 et. seq.) as amended. The Contractor shall comply with Ventura County Air Pollution Control District Rule 55, Fugitive Dust (see Appendix 6). Violations will be reported to the appropriate authorities. 7-8.8 Sound Control Requirements The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without such muffler. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 7-15 PAYROLL RECORDS 7-15.1 Payroll Documentation The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for compliance with these provisions, including compliance by subcontractors. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the public work. - 66 - 2015 AVCP Retaining Wall 197 P&R 15-01 (b) The payroll records required under subsection (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or authorized representative on request. (2) A certified copy of all payroll records required in subsection (a) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records required in subsection (a) or copies thereof shall be made available upon request to the public for inspection. However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the Contractor, subcontractor, or the entity through which the request was made the costs of preparation of the requested documents. The public shall not be given access to such records at the principal office of the Contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the sample information as the forms provided by the Division. (d) Each Contractor shall file a certified copy of the records required in subsection (a) with the entity that requested such records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. (f) The Contractor shall inform the City of the location of the records required under subsection (a), including the street address, city and - 67 - 2015 AVCP Retaining Wall 198 P&R 15-01 county, and shall, within five working days, provide the City a notice of a change of location and address. (g) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) calendar days in which to comply with this section. Should noncompliance still exist after such 10-day period, the Contractor shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. SECTION 9 - MEASUREMENT AND PAYMENT 9-4 FINAL PAYMENT All measurements and payments shall be in accordance with the provisions of Section 9 of the SSPWC, "Measurement and Payment." The items of work for the project are shown in the Proposal and consist of unit price and lump sum items for payment. It is the intent of these specifications that the cost of all work shown or specified on the plans, but not specifically included in a unit price or lump sum item, shall be considered as being included in the amounts bid for the various items in the Proposal. - 68 - 2015 AVCP Retaining Wall 19 9 P&R 15-01 CITY OF MOORPARK DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES PARKS DIVISION SPECIAL PROVISIONS FOR RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK - 69 - 2015 AVCP Retaining Wall 200 P&R 15-01 SECTION 700 SPECIAL CONDITIONS (Not a Bid Item) 700-1 STANDARD SPECIFICATIONS As indicated in Subsection 0-1, the Standard Specifications for Public Works Construction (SSPWC), dated 2012, 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, May 2010, 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 INVESTIGATION OF SITE CONDITIONS Bidders are urged to visit the work site to conduct their own investigations as to the existing conditions affecting the Work to be accomplished under these specifications. If the bidder chooses not to visit the site or conduct investigations, the bidder will nevertheless be charged with the knowledge of conditions which reasonable inspection and investigation would have disclosed. 700-3 AWARD OF CONTRACT A construction contract will be awarded to the lowest responsive and responsible bidder for the sum total of Schedule A, plus Schedule B. The City reserves the right to award any one or more of the schedules. However, the City reserves the right to award or not to award. 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 10 days in advance of the award of contract. Prior to issuing the Notice to Proceed, but subsequent to - 70 - 2015 AVCP Retaining Wall 201 P&R 15-01 receiving the submittals of Subsection 701-2, 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 90 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 7:00 a.m. and 3:30 p.m. Monday through Friday, unless otherwise approved by the City in writing. When schools are in session, working hours involving authorized traffic lane blockage in the vicinity of schools shall be limited to the hours between 9:00 a.m. and 3:00 p.m., if applicable, unless otherwise specified in these Special Provisions. As an option, work in the vicinity of schools may be done on Saturdays or any "no school" day, with the approval of the City. Lane closures within 200 feet of a signalized intersection shall be limited to the hours between 9:00 a.m. and 3:00 p.m., except as otherwise indicated in Section 702, "Traffic Control, Construction Signing and Traffic Maintenance," of these Special Provisions. Any overtime for construction survey, geotechnical/testing services, and inspection by City staff, outside of the 7:00 a.m. to 3:30 p.m. hours Monday through Friday, and any work on Saturdays, Sundays and Holidays, shall be paid for by the Contractor, and such costs will be deducted from the progress payments to the Contractor. The 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: 1. January 1st (New Year's Day) 2. 3rd Monday in January (Martin Luther King, Jr. Day) 3. 3rd Monday in February (President's Day) 4. April 1 (Cesar Chavez Day) 5. Last Monday in May (Memorial Day) 6. July 4th (Independence Day) 7. 1st Monday in September (Labor Day) 8. November 11th (Veteran's Day) 9. Last Thursday in November (Thanksgiving Day) 10. Last Friday in November (Day after Thanksgiving) 11. December 25th (Christmas Day) - 71 - 2015 AVCP Retaining Wall 202 P&R 15-01 When any of the above listed holidays falls on Sunday, the holiday shall be observed on the following Monday. Whenever any holiday falls on a Saturday, the holiday shall be observed on the preceding Friday. 700-6.1 SPECIAL WORKING HOURS Work relative to the improvements at the Civic Center will only be conducted on weekends. Contractor required to submit a construction phasing plan showing on which weekends which portions of the work will be conducted. The parking lot at the Civic Center will need to be signed 72 hours prior to the anticipated start of the weekend work to discourage parking in work areas. 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 (a) 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: (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 700-10 (a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10% on the first $5,000 of the subcontracted portion of the extra work and a markup of 5% on work in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. - 72 - 2015 AVCP Retaining Wall 2 0 3 P&R 15-01 700-9 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. 700-9.1 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from the subcontractor within 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 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. - 73 - 2015 AVCP Retaining Wall 2 0 4 P&R 15-01 SECTION 701 SPECIAL CONSTRUCTION REQUIREMENTS (Not a Bid Item) 701-1 PERMITS 701-1.1 City Encroachment Permit: The Contractor is required to obtain a no- fee Encroachment Permit from the City prior to commencing any construction within the public right-of-way. 701-2 MOBILIZATION Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, supplies, and incidentals to the project sites, and for all other work operations which must be performed, or costs incurred, prior to beginning work on the various contract items on the project sites. 701-3 CONSTRUCTION SCHEDULE AND TRAFFIC CONTROL PLAN One week prior to the Pre-Construction Conference, the Contractor shall submit to the Engineer for review: 1) a project Construction Schedule in accordance with the SSPWC Subsection 6-1, "Construction Schedule and Commencement of Work," 2) a Stormwater Pollution Control Plan (SWPCP) addressing the requirements of Section 703, of these Special Provisions, for the affected project site, and 4) hauling routes of materials. The Contractor's sequence and scheduling of construction shall provide for parking within the existing parking lot at the park, unless otherwise authorized in writing by the City Engineer. Any revisions to the originally approved Construction Schedule must be approved by the Parks and Recreation Director, in writing, at least three working days prior to any construction. 701-4 CONSTRUCTION SEQUENCE The Contractor shall phase his construction operations such that the construction activities are performed around the schedule at the park community center. 701-6 CONSTRUCTION SURVEYING The Contractor shall provide all necessary construction surveying to construct the improvements as shown on the plans and described in these specifications. - 74 - 2015 AVCP Retaining Wall 2 0 5 P&R 15-01 The locations and limits of removal and construction of the Project facilities will be staked or marked 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) 529-3596, The Moorpark Unified School District at (805) 378-6300, the Ventura County Fire Protection District at (805) 389-9710, GI Industries at (805) 522-9400 and Andersons Rubbish at (805) 526-1919, if work operations are likely to limit site access by these companies to the work locations. The Contractor shall coordinate the work with the City's Landscaping Inspector for tempizaary irrigation systemshut off by notifying the Landscape Inspector at least three(3)full working days prior to,the work. 701-7 REMOVAL OF MATERIALS All materials which are to be disposed of, including but not limited to, miscellaneous concrete, drainage piping, wooden retaining wall and metallic posts, 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 park turf areas, parking lot 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 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 - 75 - 2015 AVCP Retaining Wall 206 P&R 15-01 the ordinance. The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for staff time associated with processing your C&D plan will be charged. You have two options to meet this requirement. You may use one of the City's franchised haulers (Waste Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self-haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste you must use proper hauling vehicles and bins owned by your company and those vehicles must be driven by your employees. Please remember that because this project is a prevailing wage project, the driver of the self- haul vehicle will need to be paid a prevailing wage rate for driving the C&D materials to the authorized facility. You will need to submit itemized weigh tickets from each facility documenting your C&D recycling and disposal that indicates the weight and type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid Waste Division and verified prior to final payment release for the job and refund of your C&D diversion security deposit. If diversion requirements are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-6247 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. 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, garden walls, mailboxes, etc., unless otherwise identified in these Special Provisions, or shown on the Plans for relocation/removal/ reconstruction by the Contractor. The protection of 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 E). - 76 - 2015 AVCP Retaining Wall 207 P&R 15-01 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 hour notification to the City is required before removal of a survey monument tie. 701-13 MAINTENANCE OF EXISTING DRAINAGE SYSTEM The Contractor shall maintain the existing drainage system within the adjacent affected private property during the entire duration of the construction. This item shall include erosion control as applicable. 701-14 SUBMITTALS Subsection 2-5.3.3, "Submittals," is hereby supplemented as follows: Submittals (as applicable) shall consist of mix design of Portland cement concrete, material, reinforcing steel certification drainage fabric, drainage piping. The City will undertake plant inspections and testing of special items such as 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 Engineer 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. - 77 - 2015 AVCP Retaining Wall 208 P&R 15-01 701-16 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. - 78 - 2015 AVCP Retaining Wall 209 P&R 15-01 SECTION 702 CONSTRUCTION SIGNING AND PEDESTRIAN SAFETY (Not a Bid Item) 702-1 GENERAL Construction signing and pedestrian safety shall consist of all signing and protection devices involved in the Contractor's operations as required by these Specifications. Traffic control is not envisioned, but if required it 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 — SIGNING DEVICES Construction signing shall consist of furnishing, installing, maintaining and removing construction signs, barricades, and arrow boards in accordance with the most recent version of the Caltrans Manual of Traffic Controls and Standard Plans. The traffic control system shall be installed prior to starting work at each 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 Engineer, shall furnish and place temporary "No Parking" signs, 12 inches x 18 inches minimum size, within the parking lot as needed. 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 temporary barricades only. Trees, utility posts, etc., shall not be used. The Contractor shall remove these signs immediately when they are no longer needed. 702-3 PEDESTRIAN SAFETY Maintain safe crossings for vehicles and pedestrian traffic at all times. Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings shall be provided and kept in good condition. - 79 - 2015 AVCP Retaining Wall 210 P&R 15-01 702-4 PEDESTRIAN PATH MAINTENANCE The Contractor shall provide for controlled pedestrian crossings through the non- sloped work area. Crossings shall provide pedestrians the means of passing over or through the work without endangering pedestrian safety. Throughout the life of the project, safe, unobstructed and adequate pedestrian and vehicular access shall be continuously provided and maintained, unless otherwise approved in advance on a specific location basis by the Engineer. Care must be taken to comply with access requirements, for those access points that serve as the sole access to one or more properties. Where non-motorized (pedestrian, equestrian, or bicycle) facilities exist, they shall be maintained in passable condition or other facilities shall be provided. Passage between facilities at intersections shall likewise be provided. In areas of high volume non-motorized traffic, such as shopping centers, 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. 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. 702-5 PUBLIC RELATIONS, CONSTRUCTION PHASING, AND ACCESS This project includes work in an existing, active park and it is imperative that access to the park facilities during construction is maintained per these Specifications. The Contractor shall conduct his/her operations so as to minimize inconvenience to the public pedestrian/vehicular traffic. The Contractor shall have under construction no greater amount of work than is demonstrated that the Contractor can handle properly with due regard for the rights of the public. - 80 - 2015 AVCP Retaining Wall 211 P&R 15-01 SECTION 703 STORMWATER POLLUTION CONTROL (Bid Item No. 1) 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 Chemicals from treated wood products Paints, solvents, adhesives, and cleaning solutions Soil, trimmings, and garden chemicals Construction water from collecting and transporting pollutants Saw-cut slurry materials • Prevent pollution of the storm drain system during import, export, stockpiling, and spreading or grading of earthwork materials. For more detailed information and specifications for stormwater pollution control at construction sites, refer to document entitled, "Stormwater Pollution Control Guidelines For Construction Sites," which by reference forms a part of these Special Provisions and is available at the Public Works counter. To assure achieving the above requirements, a Stormwater Pollution Control Plan (SWPCP) shall be submitted with the contract documents at least one week prior to the Pre-Construction Conference for the Engineer's review. The SWPCP shall include the Contractor's proposed provisions for diverting and controlling water around the project site, and the prevention of pollutant discharge as described herein. - 81 - 2015 AVCP Retaining Wall 212 P&R 15-01 703-2 MEASUREMENT AND PAYMENT The 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 cementitious products, stockpiles, paint, solvents, solutions, dust control, and the preparation of the SWPCP, complete, as specified in these Special Provisions, and as required by the federal NPDES for Stormwater Pollution Control Program, and as directed by the Engineer. - 82 - 2015 AVCP Retaining Wall 213 P&R 15-01 SECTION 704 CLEARING AND GRUBBING (Bid Item No. 2) 704-1 GENERAL This section includes removal of existing hardscape, clearing, grubbing and stripping of existing landscaping 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. 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. 214 P&R 15-01 704-4 CLEARING AND GRUBBING LIMITS Clear and grub excavation and identified vegetated areas associated with the proposed pavement and median 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. 704-5 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, and disposal of all extraneous materials and debris, as shown on the Plans, as specified in the SSPWC and these Special Provisions, and as directed by the Engineer. 215 P&R 15-01 SECTION 705 DEMOLITION AND REMOVAL (Bid Item No. 3) 705-1 DESCRIPTION This item shall consist of irrigation piping removal, demolition of existing improvements (wood and metal post retaining wall), removal of existing tubular steel fence, and disposal of materials removed, in accordance with the requirements of SSPWC 300-1. Items to be removed shall include but is not limited to mounded soil above the height of the proposed improvements that could potentially inundate the improvements following construction, concrete rubble, irrigation/drainage piping, tubular steel fencing in conflict with the improvements and other objectionable materials within the limits of the Project area. 705-2 CONSTRUCTION METHODS 705-2.1 Disposal Sites Contractor shall dispose of all materials at a County recognized recycling facility or at an approved site in accordance with the Standard Specifications. 705-2.2 Protection of Existing Improvements The project is in a City owned recreational park that abuts a residential neighborhood and the Work potentially affects irrigation systems, etc. that exist behind the property line in the project area. These facilities shall be identified by the Contractor prior to commencement of Work at the Site and protected in place during the Project. Temporary shoring or support may be required to ensure the existing improvement is not affected by the Work. 705-2.3 Security Fence Installation Once the residential tubular steel fence is removed, install a secure temporary fence along the residential properties affected by the removal until a point when the replacement fence has been installed. Provide a secure temporary fence that will prevent unauthorized access to the private residential properties. 705-3 MEASUREMENT AND PAYMENT Measurement and payment for demolition and removal, complete in place, will be made at the contract lump sum as shown in the Bid Schedule. 216 P&R 15-01 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 the existing wooden retaining wall and posts, wrought iron fencing, irrigation and drainage piping in conflict with the improvements and disposal of all extraneous materials and debris, as shown on the Plans, as specified in the SSPWC and these Special Provisions, and as directed by the Engineer 217 P&R 15-01 SECTION 706 CAST IN DRILLED HOLE (CIDH) PILES (Item No. 4) 706-1 SCOPE This section includes installation of cast in drilled hole (CIDH) piles at the spacing and dimensions as shown on the Plans. 706-2 SUBMITTALS Submit information on the drilling equipment to be used on the Project, staging and storage area of the drilling equipment as well as any Site requirements for the equipment. 706-3 MATERIALS 706-3.1 Reinforced Concrete Reinforcing steel and concrete mix design (structural concrete) for the piles shall be per Section 707. 706-3.2 Cast In Drilled Hole Piles (CIDH) Equipment. Cast in Drilled Hole Pile equipment shall be in good working order during the course of the Project and capable of installing the piles on the slope shown. Equipment shall be capable of working with in the work area limits shown on the Plans without requiring any additional cleared area. 706-4 CONSTRUCTION METHODS 706-4.1 General Cast in Drilled Hole Piles shall be constructed per SSPWC Sections 205-3.3.2 and 305-1.1 and 305-1.3. Reinforcing steel shall be installed in the excavation per SSPWC Section 305-1.3.6. 706-4.2 Concrete Placement Concrete shall be placed in the excavations in accordance with SSPWC Section 305-1.3.7. 706-4.3 Equipment Placement The Contractor shall designate staging areas for the equipment on the sloped 218 P&R 15-01 work area. Drilled cuttings shall be hauled and disposed of legally offsite. Minor benching of the slope to place the drill rig will be allowed. Backfill the slope to the existing grades and recompact per Section 708. 706-5 MEASUREMENT AND PAYMENT Measurement and payment for cast in drilled hole (CIDH) piles, complete in place, shall be paid for on a unit price basis, as shown in the in the Bid Schedule. 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. 219 P&R 15-01 SECTION 707 CAST IN PLACE CONCRETE (Bid Item Nos. 4, 5, 7, and 8) 707-1 GENERAL This section covers new concrete facilities, including cast in place reinforced concrete for drilled piles, reinforced concrete retaining walls, drainage swales, v- ditch and other facilities shown on the Plans shall be constructed at the locations indicated on the Plans or as directed by the Engineer. 707-2 SUBMITTALS Submit concrete mix designs in accordance with ACI 318, Chapters 4 and 5, except as modified herein. Submit mill test certificates identifying chemical and physical analyses of each load of reinforcing steel delivered. If mill test reports are unavailable and the quantity of steel for a structure exceeds 5 tons, provide a laboratory test to prove conformance with the specified ASTM standard. Submit reinforcing bending lists and placing drawings for all reinforcing. Placing drawings shall indicate all openings including additional reinforcing at openings and corner bar arrangements at columns, walls, and footings indicated in the typical detail and Drawings. Placing drawings shall be coordinated with the concrete placing schedule. Each bending list and placing drawing submitted shall be complete for each major element of a structure (columns, walls, drainage structures) including dowels and corner bars. Furnishing such lists shall not be construed that the lists will be reviewed for accuracy. Be responsible for the accuracy of the lists and for furnishing and placing reinforcing steel in accordance with the details shown in the Drawings and as specified. Placing drawings shall not incorporate photocopies of the Contract Drawings. Show dimensions and thicknesses of walls and columns. Show reinforcing wire and steel. Show materials of construction by ASTM reference and grade. Submit a current report (within 6 months) from a testing laboratory verifying that aggregate material contains less than 1% asbestos by weight or volume and conforms to the specified gradations or characteristics. Aggregates shall be free from any substances that will react with the cement alkalies and be classified through current (within 6 months) laboratory testing as innocuous, as determined by Appendix X-1 of ASTM C33. Submit concrete tickets to the City at the time of delivery. 220 P&R 15-01 707-3 MATERIALS 707-3.1 Formwork Design forms according to ACI 347. Class II Forms: Use plywood in good condition, metal, or smooth-planed boards free from large or loose knots with tongue and groove or ship lap joints. Class II forms may be used for all concrete surfaces regardless of location. Coat forms with form release agent. 707-3.2 Form Release Agent Form release agent shall effectively prevent absorption of moisture and prevent bond with the concrete. Agent shall be nonstaining and nontoxic after 30 Calendar Days. For steel forms, release agent shall prevent discoloration of the concrete due to rust. 707-3.3 Reinforcing Steel Reinforcement shall conform to ASTM A615 or A706, Grade 60. Fabricate reinforcing in accordance with the current edition of the Manual of Standard Practice, published by the Concrete Reinforcing Steel Institute. Bend reinforcing steel cold. No field bending is permitted. Deliver reinforcing steel to the site bundled and with identifying tags. 707-3.4 Tie Wire Tie wire shall be 16 gauge minimum, black, soft annealed. 707-3.5 Aggregates Aggregates shall be natural rock, sand, or crushed natural rock and shall comply with ASTM C33, and shall contain less than 1% asbestos by weight or volume. Aggregates shall be free from any substances that will react with the cement alkalies and be demonstrated through current laboratory testing as innocuous, as determined by Appendix X-1 of ASTM C33. 707-3.6 Water and Ice 221 P&R 15-01 Use water and ice that is clean and free from objectionable quantities of organic matter, alkali, salts, and other impurities that might reduce the strength, durability, or otherwise adversely affect the quality of the concrete. Water shall not contain more than 500 mg/L of chlorides or more than 500 mg/L of sulfate. 707-3.7 Concrete Admixtures Use of admixtures shall conform to the Standard Specifications for Public Works Construction Section 201-1.2.4 and shall be approved by the City. Do not use any admixture that contains chlorides or other corrosive elements in any concrete. Admixtures shall be nontoxic after 30 Calendar Days. 707-3.8 Concrete Mix Design Conform to ASTM C94, except as modified by these specifications. Maximum water-cement ratio for concrete = 0.45 by weight. Use classes of concrete as follows: Structural concrete shall conform to Section 201 of the Standard Specifications and shall be Class 560-C-3250. Non-structural concrete shall be Class 520-C- 2500. Measure slump in accordance with ASTM C143. Slump shall be as follows: Structural Concrete 3-inches maximum Non-structural Concrete 4-inches maximum Proportion and produce the concrete to have a maximum slump as shown. A tolerance of up to 1 inch above the indicated maximum shall be allowed for individual batches provided the average for all batches or the most recent 10 batches tested, whichever is fewer, does not exceed the maximum limit. Concrete of lower than usual slump may be used provided it is properly placed and consolidated. Aggregate size shall be 3/4 inch maximum for slabs and sections 8 inches thick and less. Aggregate size shall be 1 inch maximum for slabs and sections greater than 8 inches and less than 17 inches. Aggregate size shall be 1-1/2 inches maximum for all larger slabs and sections. Aggregate size for floor grout shall be maximum 3/8 inch. 222 P&R 15-01 Mix design for pumped concrete shall produce a plastic and workable mix. The percentage of sand in the mix shall be based on the void content of the coarse aggregate. 707-3.9 Welded Wire Fabric Welded wire fabric (WWF) is to be installed in the v-ditch drain. WWF shall comply with Section 201-2.2.3 and shall be 6 x 6 x 10 x 10. 707-4 CONSTRUCTION Construction shall conform to Section 303 of the Standard Specifications and the following plans (see Appendix F). 707-4.1 Placing Reinforcement Place reinforcing steel in accordance with the current edition of Recommended Practice for Placing Reinforcing Bars, published by the Concrete Reinforcing Steel Institute. Place reinforcing in accordance with the following, unless otherwise indicated: Reinforcement indicated in the Drawings is continuous through the structure to the farthest extent possible. Terminate bars and hooks 2 inches clear from faces of concrete. Reinforcing steel, before being positioned and just prior to placing concrete, shall be free from loose mill and rust scale and from any coatings that may destroy or reduce the bond. Clean reinforcing steel by sandblasting or wire brushing and remove mortar, oil, or dirt to remove materials that may reduce the bond. 707-4.2 Ready-Mixed Concrete Conform to ASTM C94. 707-4.3 Placing Concrete Conform to ACI 304. 707-4.4 Concrete Tests At the City's discretion, concrete quality testing will be performed on the concrete by City as follows: Frequency of Sampling: Cast four concrete test cylinders from each 50 cubic yards, or fraction thereof, of each class of concrete placed in any one day. Sampling and curing of cylinders shall conform to ASTM C31. 223 P&R 15-01 Strength Testing: Test cylinders in accordance with ASTM C39. Test one cylinder at 7 Calendar Days for information; test two cylinders at 28 Calendar Days for acceptance; and hold one cylinder for verification. Strength acceptance will be based on the average of the strengths of the two cylinders tested at 28 Calendar Days. If one cylinder of a 28 Calendar Day test manifests evidence of improper sampling, molding, or testing, other than low strength, discard it and use the fourth cylinder for the test result. Determine concrete slump by ASTM C143 with each strength test sampling and as required to establish consistency. Determine air content of the concrete using ASTM C231 to verify the percentage of air in the concrete immediately prior to depositing in forms. Concrete acceptance shall be based on the requirements of ACI 318. To facilitate concrete sampling and testing, the Contractor shall: Furnish labor to assist the City in obtaining and handling samples at the Site. Advise the City in advance of concrete placing operations to allow for scheduling and completion of quality testing. Provide and maintain facilities for safe storage and proper curing of concrete test specimens on the Site, as required by ASTM C31. 707-5 MEASUREMENT AND PAYMENT Measurement and payment for cast in place concrete, complete in place, shall be paid for on a unit price basis for each item, as shown in the in the Bid Schedule (Bid Items 5 and 7). The unit cost of each item shall include all costs associated with the work including, but not limited to, crushed aggregate base installation as called for in the Standard Plans; forming; reinforcing steel installation, placing and finishing concrete; and cleanup. Such payment shall be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. 224 P&R 15-01 SECTION 708 EARTHWORK (Bid Item No. 6) 708-1 SCOPE This section includes all earthwork required for construction of the Work. Such earthwork shall include, but not be limited to, the loosening, removing, loading, transporting, depositing, grading and compacting in its final location of all materials wet and dry, as required for the purposes of completing the Work specified in the Contract Documents, which shall include, but not be limited to, the removing of unsuitable soil, all pumping, ditching, draining, dewatering, and other required measures for the removal or exclusion of water from the excavation; and all other incidental earthwork, all in accordance with the requirements of the Contract Documents. The elevations shown on the Plans of existing features are taken from the best available data and are intended to give reasonably accurate information. The Contractor is responsible for determining exact quantities of excavation and fill required. 708-2 SUBMITTALS Review by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the dewatering, excavation, abandonment of ground penetrations, or for furnishing all equipment, labor, and materials necessary for performing the various parts of that Work. Submit for the Engineer's review, a plan for diverting the seepage/nuisance water from around the excavations, which shall include the planned method of diversion, excavation and shoring limits, the location of such diversion collection and conveyance lines for control of water, and a plan for reuse. Furnish other information to the Engineer as may be required for the complete understanding and analysis of the seepage/nuisance water diversion and excavation plan and as called for to meet all specifications requirements. Attention is directed to the provisions for "Shoring and Bracing Drawings" in Section 6705 of the California Labor Code and SSPWC Section 306-1.1.6. Prior to beginning any trench or structure excavation 5 feet deep or over, submit to the Engineer a detailed plan showing design of all shoring, bracing, and sloping of the sides of excavation, and other provisions for worker protection against the hazard of caving ground during the excavation of such trenches or structure excavation. The plans shall be signed and stamped by a State of California registered civil engineer. The submittal(s) shall include a site location map referencing existing features; detailed plans; elevations, and various sections indicating all excavation 225 P&R 15-01 slopes, shoring components and connections and showing all structures and utilities potentially influenced by the performance of shoring, trenching or structure excavation along with supporting calculations; notes including sequence of construction, materials, and other clarification as required by the California Labor Code, SSPWC, and the Contract Documents. Review of the submittal shall be for confirmation and the Project files only. Approval of the submittal shall not be provided. The following list of submittals shall be provided for City review: 1. Shoring, Worker Protection 2. Nuisance/Seepage Water Management 3. Crushed Aggregate Base 4. Backfill Materials if imported Submit two copies of a report from a testing laboratory verifying that the material specified in this section (crushed aggregate base) contains less than 1% asbestos by weight or volume, and conforms to the specified gradations or characteristics for crushed aggregate base. 708-3 MATERIALS 708-3.1 Backfill Material (Imported or Onsite) Requirements Backfill material (imported or onsite) shall be free from organic matter, debris, or deleterious materials. The backfill material shall not contain rocks, blocky material, or lumps over 3 inches in maximum dimension or more than 15 percent material larger than 2 inches. Rock fragments or poorly weathered material meeting the above criteria may be utilized provided those materials are not in concentrated pockets. Imported backfill material shall be non-expansive (EI<20), have less than 40 percent passing the number 200 sieve and have a sand equivalent of at least 25. Use of imported backfill material shall be subject to the Engineer's acceptance. All necessary testing and test reports by the Contractor to verify and demonstrate suitability of materials shall be at no additional expense to City. The maximum dry density at optimum moisture content will be determined in accordance with the latest version of ASTM D 1557. In-place field density tests will be performed in accordance with ASTM D 1556 (sand cone), and/or ASTM D 6938 (nuclear gauge). The type, number and location of field density tests will be determined by the Owner. One sand-cone test (ASTM D 1556) will be taken for every ten nuclear tests (ASTM D 6938). If soil material is not within two (2) percentage points of optimal moisture content, the Contractor shall either add water or dry the soil material by moving the soil to aerate it sufficiently such that the optimum moisture content is achieved at no additional cost to the District. 226 P&R 15-01 All imported backfill material shall be sampled at the Contractor's expense and shall be subject to acceptance by the Engineer. Where imported backfill material is required to possess certain gradation, strength, and settlement properties, the grain size distribution of soils shall be determined using ASTM D 422, the gradation of concrete aggregate and base materials shall be determined using ASTM C 136, the sand equivalent of soils shall be determined using ASTM D 2419, the consolidation of soils shall be determined using ASTM D 2435, the unconfined compressive strength of soils shall be determined using ASTM D 2166, and the expansion index of soils shall be determined using ASTM D 4829 708-3.2 Crushed Aggregate Base Crushed aggregate base (SSPWC Section 200-2.2) shall be crushed rock or gravel, durable and free from slaking or decomposition under the action of alternate wetting or drying. The material shall be uniformly graded and shall meet the following gradation requirements: Sieve Size Percentage Passing 1-inch 100 3/4-inch 90 - 100 3/8-inch 50 - 80 No. 4 35 - 55 No. 30 10 - 30 No. 200 2 - 9 The rock shall have a sand equivalent value not less than 75. 708-4 CONSTRUCTION 708-4.1 Excavation Except when specifically provided to the contrary, excavation shall include the removal of all materials of whatever nature encountered, including all obstructions of any nature that would interfere with the proper execution and completion of the Work. The removal of said materials shall conform to the lines, grades, and cross sections shown or ordered. Furnish, place, and maintain all supports and shoring that may be required for the sides of the excavations, and all pumping, ditching, or other measures for the removal or exclusion of water, including taking care of storm water, groundwater (dewatering if required), and surface water reaching the Site of the Work from any source so as to prevent damage to the Work or adjoining property. Structure excavation shall conform to the dimensions and elevations indicated on the Contract Documents for each structure. Excavations shall extend at least 12 inches from walls and footings to allow for placing and removal of forms, installation of services, and inspection. Undercutting will not be permitted. 227 P&R 15-01 Encroachment onto private property will not be allowed without a temporary encroachment permit issued by the City. If unsuitable foundation material is encountered at the bottom of the excavation after initial removal to the elevations shown on the Drawings, the unsuitable material shall be removed to a depth as required by the City, disposed of, and replaced with crushed aggregate base. If the necessity for such additional excavation and material has been occasioned by an act or failure to act on the part of the Contractor, the Contractor shall bear the full expense of the additional excavation and backfill to the required depth. Where excavation is carried below the limits shown on the Contract Documents, adjustments shall be made as determined by the City to meet requirements incurred by the deeper excavation beneath the structure subgrade. In general, over depth excavation in such locations shall be rectified by backfilling with accepted fill material, unless directed otherwise by the City. Overexcavations neither required by the Contract Documents nor directed by the City shall be rectified at the expense of the Contractor. The Contractor shall notify the City at least 2 Working Days in advance of completion of any structure excavation and shall allow the City a review period of at least 1 Working Day before the exposed foundation is scarified and compacted or is covered with backfill or with any construction materials. 708-4.2 Disposal of Excess And Unsuitable Excavated Material Remove and legally dispose of all grubbed and excavated material. The City reserves the right to take samples of unsuitable/excess material. Unsuitable material shall be defined as material containing excessive amounts of organic matter, peat, blue clay, trash or debris; or as designated by the City's Representative; or debris produced by clearing, grubbing, and demolition of existing structures, pavement, or pipe; or soil classified by test method ASTM D2487 as groups OL, CH, MH, OH or PT; or not meeting the grading or classification specified for the Work. 708-4.3 Backfill Placement Native soil can be used as backfill against the structure as long as particles larger than 4 inches in maximum dimension are removed. Native soil can be used around the Site to establish the necessary grades or exported offsite and disposed of legally. If the subgrade is dried and desiccated, the exposed surface shall be scarified to a depth of 6 inches, moisture conditioned to at least 2 percent over optimum moisture, and compacted to at least 90 percent of the maximum dry density determined from ASTM D 1557. Crushed aggregate base shall be used for overexcavated areas for stabilization as needed to achieve grade. 228 P&R 15-01 Onsite backfill materials and imported backfill materials shall be evenly placed in uniform horizontal loose lifts not exceeding 8 inches in thickness, and compacted by mechanical means to a relative compaction value as required in these specifications and determined by ASTM Test Method D1557. Each layer of fill material shall cover the length and width of the area to be filled before the next layer of material is placed. The moisture content of the material shall be controlled and water shall be applied as necessary to achieve the specified compaction at optimum moisture content and for the prevention of dust nuisance. No fill material shall be placed on standing water in any excavation. Backfill shall not be dropped directly upon any structure. 708-5 MEASUREMENT AND PAYMENT Earthwork shall be measured and paid for on a lump sum basis as shown in the Bid Schedule. Payment will be made at the lump sum price bid on the basis of a percentage completed in accordance with the Plans and these Special Provisions. Such payment shall be considered full compensation for providing all labor and equipment and performing all work related to excavation, including dust control and disposal of the material removed, backfill and compaction, testing, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. 229 P&R 15-01 SECTION 709 DRAINAGE IMPROVEMENTS (Bid Item No. 7) 709-1 GENERAL This item shall consist of installation of annular high density polyethylene (HDPE) drainage pipe with smooth interior, corrugated exterior and bell and spigot joints (Type S), concrete drainage swales, geocomposite drainage panels, drain inlets, weep pipe and shall be performed in accordance with the Standard Specifications, the Plans, and these Special Provisions. 709-2 SUBMITTALS Submit fully dimensioned cross section drawings of the pipe. Show the bell maximum outside diameter and the minimum wall thickness. Submit manufacturer's information and test data on the HPDE and PVC pipe and fittings including thickness, weight, dimensions, and ASTM compliance. Submit manufacturer information on the geocomposite wall drainage panels including installation requirements, ASTM reference and grade, geotextile material, and engineering properties. 709-3 MATERIALS 709-3.1 HDPE Drainage Pipe Annular high density polyethylene pipe shall be Type S and have a smooth interior, corrugated exterior and bell and spigot joints in accordance with SSPWC 207-18. Fittings shall be manufactured by the same manufacturer of the pipe and have integral bells and spigots. 709-3.2 PVC Weep Pipe PVC weep drain pipe shall be Schedule 40 PVC manufactured in accordance with ASTM D1785. 709-3.3 Drain Rock Drain rock for the wall backfill shall be washed coarse aggregate and conform to SSPWC Section 200-1.4, gradation No. 3. The aggregates shall be durable, open-graded, crushed angular aggregates. Aggregate material shall be washed and graded to be free of all fines and organics. Material shall not include sandstone, siltstone or mudstone products. 230 P&R 15-01 709-3.4 Geocomposite Wall Drainage Panels Prefabricated geocomposite sheet drains shall have a flat back which is pressed against the underground structure. The pressure of backfilled soils holds the sheet drain in place. A filtration geotextile covers the drainage core. The geotextile allows unrestricted flow of moisture into the core while it restricts the passing of soil particles which could contaminate and clog the core. The minimum weight per square foot of the sheet shall be 5 oz/sf. Sheet drain shall be Drainguard 400 as manufactured by Applied Technologies, LLC, or Amerdrain 220 as manufactured by Geo-Synthetics, LLC, or equal. 709-3.5 Filter Fabric Filter fabric shall be a non-woven polypropylene fiber geotextile filter fabric that conforms to Section 213-2. 709-3.6 Gunite Gunite shall comply with SSPWC section 303-2, "Air-Placed Concrete," Method A (Gunite). 709-3.7 Splash Pad Rock The rock shall conform to the following gradation: SPLASH PAD ROCK Rock Sizes Percentage Larger Than 200-Lb 0-5 75-Lb 50-100 25-Lb. 90-100 The amount of material smaller than the smallest size listed in the table for splash pad rock shall not exceed the percentage limit listed in the table determined on a weight basis. Compliance with the percentage limit shown in the table for all other sizes of the individual pieces of any class rock shall be determined by the ratio of the number of individual pieces larger than the smallest size listed in the table for that class. Flat or needle shapes will not be accepted unless the thickness of individual pieces is greater than 1/3 the length. Rock shall meet the requirements of Section 200, except that all rock shall be angular or sub-angular in shape. Angular shall be defined as having sharp 231 P&R 15-01 corners and straight planes on all faces, with no evidence of wear caused by wind, water or abrasion. Sub-angular shall be defined the same as angular, except with the evidence of wear caused by wind, water and abrasion. Determination of angularity will be made by the Engineer. The following quality requirements and tests shall apply: (a) Minimum apparent specific gravity of 2.5 per ASTM C-127. (b) A maximum abrasion loss of 35 percent per ASTM C-535, Grading 1. (c) Weight loss in 5 cycles shall be not more than 10 percent when sodium sulfate is used or 15 percent when magnesium sulfate is used in the test for soundness performed according to the procedure for ledge rock in ASTM D 5240-92, Method 203-01. (d) A maximum wetting and drying loss of 5 percent after 10 cycles. A sample of rock shall be crushed, screened, oven-dried, and 1,000 to 1,400 grams of 34-inch to 3/8-inch fraction shall be taken for the test. (e) After 10 cycles, the percent loss shall be computed as follows: Loss = 100 x Weight of Material Passing No. 4 Sieve Total Weight of Sample 709-4 CONSTRUCTION 709-4.1 Pipe Installation Installation of HDPE pipe shall conform to SSPWC 306-1.2. Jointing of the HPDE pipe shall be per SSPWC 306-1.2.10. Install the drain pipe cleanouts as shown on the Plans. 709-4.2 Geocomposite Sheet Drain Geocomposite sheet drain shall be installed as shown on the Plans and per the manufacturer's recommendations. Install PVC weep drains per the Plans. Route through the concrete wall. Wrap the drains in an isolation material to prevent bonding to the concrete and allow for minor movement/adjustments during backfill operations and settlement. Crushed aggregate base (non-drain rock material) shall be per Section 707. Connect drainage piping together into manifolds to transition to the downslope main drain. Backfill the drainage piping per the manufacturer's recommendations. Compact the backfill material over the pipelines to 90 percent relative compaction. 232 P&R 15-01 709-4.3 Weep Drain Pipe PVC weep pipe shall be cast into the concrete retaining wall. Install the filter fabric and drain rock so the wall drainage will be captured by the weep drain. Connect the PVC weep drain to the HDPE drain manifold as shown on the Plans. 709-4.4 Placing Splash Pad Rock The rock shall be placed by equipment on surfaces and to the thickness (18 inches) and grades shown on plans. The rock shall be constructed to the full course thickness in one operation and chinking or filling with loose material shall be avoided. The rock shall be delivered and placed in a manner that will insure that the splash pad rock in place shall be reasonably homogeneous with the larger rocks uniformly distributed and firmly in contact one to another with the smaller rocks and spalls filling the voids between larger rocks. Splash pad rock shall be placed in a manner to prevent damage to structures. Hand placing will be required to the extent necessary to prevent damage to structures. Placement of rock by dumping will not be allowed. 709-4.5 Placement of Gunite Gunite installation shall comply with SSPWC section 303-2, "Air-Placed Concrete," Method A (Gunite). 709-5 MEASUREMENT AND PAYMENT Measurement and payment for the various types of drainage improvements shall be paid for on the lump sum price basis for each item, as shown in the Bid Schedule. The lump sum price of each item shall include all costs associated with the work including, but not limited to, installing drainage fabric, drainage inlet installation, drainage pipe assembly and installation. 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. 233 P&R 15-01 SECTION 710 INSTALL TUBULAR STEEL FENCE (Bid Item No. 8) 710-1 SCOPE OF WORK This item shall consist of installation of residential tubular steel security fencing, concrete footing installation, and minor welding as needed for connection of the fence panels to match the existing tubular steel security fence. 710-2 MATERIALS Tubular steel fence and support posts shall be black hot rolled ASTM A36 tubing to match existing fence layout, thickness and height. The wall thickness of the tubing shall match the existing fencing that was removed to allow for the construction of the improvements or immediately adjacent to the Site. The wall thickness shall match existing or 0.065 inch minimum in dimension. Concrete for the fence footings shall be per Section 707-3.8, nonstructural concrete. 710-3 CONSTRUCTION Install the tubular steel fence in accordance with the manufacturer's requirements. Excavate fence footings to the dimensions shown on the Plans. Layout shall match existing panels. Fence material shall be installed on the property line. Remove the excavated soil material from the upslope side of the drainage swale and deposit it on the downslope side of the retaining wall as necessary. 710-3 MEASUREMENT AND PAYMENT Measurement and payment for installation of tubular steel fencing shall be on a unit price basis as shown in the Bid Schedule. The above contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals for installing the wrought iron fencing in accordance with the Contract Documents. 234 P&R 15-01 APPENDIX 1 Ventura County Air Pollution Control District Rule 55, Fugitive Dust 235 P&R 15-01 -0 Ventura County COMPLIANCE ASSISTANCE Co PolControl Control District ADVISORY Ventura County APCD Rule 55, Fugitive Dust On June 8, 2008, the Ventura County Air Pollution Control Board adopted Rule 55, Fugitive Dust. Rule 55 was adopted to comply with a state law that requires local air districts with air quality levels exceeding the state's particulate matter(PM) standards to adopt control measures to reduce PM air pollution. Ventura County exceeds the state's air quality standards for PM. The adverse health impacts from PM air pollution include asthma and other lung diseases, heart disease, and premature death. Ventura County APCD staff estimates that Rule 55 will reduce PM air pollution by 6 tons per day. Rule 55 becomes effective on October 8. 2008. Rule 55 applies to any disturbed surface area, or man-made condition capable of generating fugitive dust, including bulk material handling, earth-moving, construction, demolition, storage piles, unpaved roads, track-out, or off-field agricultural operations. In summary, the key provisions of Rule 55 are as follows: 1) Visible dust from an applicable source is prohibited or limited; 2) Measures must be taken to reduce or prevent track-out onto paved public roadways from an applicable source; 3) Track-out must be removed from roadways; 4) Visible dust exceeding 100 feet in length from earth-moving activities is prohibited; 5) Bulk material handling facilities with a monthly import or export of 2,150 cubic yards or more of bulk material must take measures to reduce or prevent track-out onto a paved public road, and; 6) Outbound trucks with bulk materials or soil must either be tarpped, have a 6 inch freeboard below the rim of the truck bed or be wetted or treated to minimize the loss of material to wind or spillage. A more detailed summary of Rule 55 is attached. Copies of Rule 55 may be obtained at www.vcapcd.orq under Rule Development (Current Rules and Regulations). 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TOEDTER, LLC PROJECT: �I,p,Qr////yT21 /a 7474 EISENHOWER STREET PACE 2 of s VENTURA, CALIFORNIA 93003 PH: (805) 671-9811 FAX: (805) 671-9235 CALCULATED BY: RWT email: toedter20agmail.com DATE: . • #205g, /7/‘E .fey/!/E fiza/2E /e±'_ x 20 21 s -- Ill _7e54EffTTI1 1 1 li ii :Jr.- L . ! _ 2 I,(6.)(,) ' �_ - I � _ 37 I0 I 27o(g)- 2,gp k _ l_- - '� � - -I -I ' - d i �'D2i,(66) 22•-44- i X I z J O /m & 4.'oev) /5 (iv ' /�Ci 9±t1± 7L<1 I ' - A_2.34 P/ =7.1,0 ' II int 11 lir 1 . b 2X245) 1_ 1 i I ' , ' _ 40,*+I 32:96 _ — — h1 4I T�� C ' t (v+N+� 1IAr + 4' -4h . _ Ad=- i.54 1yyr_6 1 1 I ,3 ° f i ' h6.3st3?4224 - q ' l - Ai-- 14 I 246 G:\Randy\ Structural calcs\Shortcoll 03 R.W.Toedter,LLC Project: Army Vista Park Engineer RWT Projectile Date: 29-Jan-15 W010174 ShortCot Subject: SOLDIER PILES Checker. Page: Copyright ID 2007 Date: Last modified: 08-Nov-11 Reinforced concrete column capacity Materials: Concrete fc= 3 ksi Yc= 145 Ib/ft3 Steel fy= 60 ksi Ec= 3,156 ksi Ultimate conc.strain c,= -0.003 E5= 29,000 ksi Z Design Code: I ACt 318-08 • Resistance Factors ,= 0.9 k= 0.65 • • Confinement: Other • • Section Properties: • • Y Diameter=I 241in Width= • • Ac= 452.389 in2 AT= 495.6 in2 • • • lc= 16286 in4 IT= 17669.64 in4 Ybc= 12 in YbT= 12.00 in o,o Reinforcing bars: Bar Area= 0.44 in2 Axial Force/Bending Moment Interaction Diagram No.bars= 12 (< 100) E(As)= 5.28 in2 As/Ac= 1.17% 1,000 "Pit kip Edge dist.= 4 in ' 800 7J43 Reinforcing Area Coordinates,in Bar No. A5 600 - in2 (from ctr.) (from bat.) 1 0.44 8.00 12.00 2 0.44 6.93 16.00 3 0.44 4.00 18.932 -.-200 - 2a2 4 0.44 0.00 20.0041 t 5 0.44 -4.00 18.93 tip0 6 0.44 -6.93 16.00 - ,o 21, -loo l 100 200 300 7 0.44 -8.00 12.00 200- 8 0.44 -6.93 8.00 - 85 9 0.44 -4.00 5.07 10 0.44 0.00 4.00 400 11 0.44 4.00 5.07 12 0.44 6.93 8.00 Positive moment corresponds to tension in bottom fibers of the section Positive axial force is compressive force Factored Loads Capacity Demand/ Description Pu Mu pMn Capacity kip kip-ft kip-ft Ratio 1 4.8 80.04 192 42% 2 _ 3 4 5 247 ' R.W.Toedter, LLC Project Arroy Vista Park Engineer RVVT Project# Date- 29-Jan-15 JV01017.4 SokGroup Subject: Checker Page Copyright®2007 SOLDIER PILES Date: Axial Force/Moment Interaction Diagram Cracked Cracked moment moment N/A from inertia N/A from inertia CPP„ qM„y (p bottom Icr cPn BMR, cp bottom icr kip kip-ft in in^4 kip kip-ft in in^4 -285 0 0.900 1 E-10_2375834 -278 -7 0.900 0.7098 2059.58 -264 -20 0.900 1.4196 2814.36 -246 -35 0.900 2.12939 3558.2 -216 -58 0.900 2.83919 4220.1 -166 -92 0.900 3.54899 4790.12 -118 -124 0.900 4.25879 5278.83 -71 -152 0.900 4.96859 5707.37 -18 -180 0.900 5.67839 6090.89 31 -205* 0.900 6.38818 6445.58 78 -228 0.900 7.09798 6785.64 _ 130 -241 0.874 7.80778 7123.19 170 -242 0.820 8.51758 7446.88 202 -241 ' 0.775 9.22738 7807.03 235 -239 0.736 9.93717-8192.07 267 -234 0.703 10.647 8608.86 296 -229 0.674 11.3568 9063.44 328 -221 0.650 12.0666 9474.58 . 369 -219 0.650 12.7764 10017.8 408 -216 0.650 13.4862 10612.7 446 -212_ 0.650 14.196 11262.6 483 -207 0.650 14.9058 11969.7 519 -200 0.650 15.6156 12735.6 554 -193 0.650 16.3254 13375.7 586 -184 0.650 17.0352 14257.7 618 -175 0.650 17.745 15195.9 , 647 -164 0.650 18.4548 16186.4 677 -153 0.650 19.1645 16948.1 706 -141 0.650 19.8743 18019.2 733 -128 0.650 20.5841 18956.6 758 -115 0.650 21.2939 20051.4 758 0 0.650 G:1Randyl_Structural caics\Shortcoll03 248 R_W_Toedter, LLC Project: Arroy Vista Park Engineer. RWT Project# I _Date- 29-Jan-15 JV010174 BoitGroup Subject Checker Page. Copyright©2007 SOLDIER PILES Date: ``� Axial Force/Moment Interaction Diagram Cracked Cracked moment moment N/A from inertia N/A from inertia pPr, cpMny 9 bottom icr (1)P„ <pM„L cp bottom Icr kip kip-ft in in^4 kip kip-ft in in^4 -285 0 0.900 1E-10 2375834 -278 7 0.900 0.7098 2059.58 -264 20 0.900 1-4196 2814.36 -246 35 0.900 2.12939 3558.2 -216 58 0.900 2.83919 4220.1 -166 92 0.900 3.54899 4790.12 -118 124 0.900 4.25879 5278.83 -71 152 0.900 4.96859 5707.37 -18 180 0.900 5.67839 6090.89 31 205 0.900 6.38818 6445.58 78 228. 0.900 7.09798 6785.64 130 241 0.874 7.80778 7123.19 170 242 0.820 8.51758 7446.88 202 241 0.775 9.22738 7807.03 235 239 0.736- 9.93717 8192.07 267 234 0.703 10.647 8608.86 296 229 0.674 11.3568 9063.44 328 221 0.650 12.0666 9474.58 369 219 0.650 12.7764 10017.8 408 216 0.650 13.4862 10612.7 446 212 0.650 14.196 11262.6 483 207 0.650 14.9058 11969.7 _ 519 200 0.650 15.6156 12735.6 554 193T 0.650 16.3254 13375.7 586 184 0.650 '17.0352 14257.7 618 175 0.650 17.745 15195.91 647 164 0.650 18.4548 16186.4 677 153 0.650 19.1645 16948.1 706 141 0.650 19.8743 18019.2 733 128 0.650 20.5841 18956.6 758 115 0.650 21.2939 20051.4 758 0 0.650 G:1Randyl_Structural calcs\Shortco1103 249 - N I 61 O IL J aw ~ � U r2 Z iB ' w W zW W QO F_ w � � " � aQ Z N as I- a ,`° _ a � Q w z a - W �o r ZZQ a O 0 Q WI. ` r7 W FWo2rz�n� > � co e i GE"` VCa„3 W a ci8I o. 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