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AGENDA REPORT 2017 0315 CCSA REG ITEM 10J
ITEM 10.J. CITY OF MOORPARK,CALIFORM MOORPARK CITY COUNCIL City Council Meeting AGENDA REPORT J-/5-420 ACTION: , , ,/ TO: The Honorable City Council FROM: Jessica Sandifer, Program Manag DATE: March 6, 2017 (CC Meeting of 03/1 7) SUBJECT: Consider Award of Bids for the Demolition of Site Improvements at 104 and 192 High Street (L0007); and Resolution Amending the FY 2016/17 Budget for the Project BACKGROUND & DISCUSSION The property on the south side of High Street (known as the Granary facility) and which is located at 192 High Street was purchased by the-City for downtown redevelopment in the early 1990's. The property has sat vacant for much of that time, awaiting a development opportunity. In 2009, a Disposition and Development Agreement was negotiated and signed with Aszkenazy Development, Inc. Unfortunately, the economic downturn made Aszkenazy's project infeasible. In 2010, a Notice of Default was issued to Aszkenazy Development and the site has sat vacant with little interest. In 2015, staff was approached by a developer interested in purchasing the site for a farm-to-table biodynamic restaurant and market. The City and the Developer have been in negotiations on a Disposition and Development Agreement (DDA) for the purchase of of a portion of the property, however, those negotiations have not yet been completed. Even though the DDA has not been completed, the Developer elected to move forward and entitle the project and on November 16, 2016, Commercial Planned Development (CPD) Permit 2016-01 and Conditional Use Permit (CUP) 2016-04 was approved by the City Council. At this point, staff feels that it is a prudent move to prepare the property for disposition by removing the granary structures and Maria's Restaurant and providing a clean site for development. This action is recommended at this time so as to facilitate the future sale of the property. The Maria's Restaurant lease was terminated effective December 16, 2016. A bid manual was prepared and the project was posted in the paper on February 14, 2017 and February 19, 2017. The original bid due date was March 2, 2017 but was extended to March 3, 2017, due to some questions that arose during the bidding process. Three bids were received by the extended bid due date of March 3, 2017. The bid results, using the base bid are: 118 Honorable City Council March 15, 2017 Page 2 Standard Industries $119,523.00 5M Contracting, Inc. $193,250.00 AMPCO Contracting, Inc. $365,560.00 Staff had initially planned to focus the demolition on the restaurant and the granary buildings (yellow buildings), however, an alternate was added to the bid that would remove the sheet metal building (gray building) as well. The costs for the demolition including the sheet metal (gray building) are: Standard Industries $25,198.00 5M Contracting, Inc. $18,000.00 AMPCO Contracting, Inc. $66,685.00 The proposals were evaluated on their completeness and cost. The lowest responsive and responsible bidder is Standard Industries. Standard Industries possesses the necessary qualifications, resources, and experience to perform the work. Staff is recommending that the sheet metal building be removed at the same time as the other buildings on the site due to the permitting requirements of Metrolink. The permits required from Metrolink for the work are time consuming and expensive. For this reason it is best to demolish all buildings that encroach into Metrolink's right-of-way at the same time. ENVIRONMENTAL DETERMINATION The California Environmental Quality Act (CEQA) determination was made as a part of the approval of Commercial Planned Development (CPD) Permit 2016-01, in which the demolition of the structures were considered a part of that project. The project was considered categorically exempt from the provisions of CEQA pursuant to Section 15332 (Class 32: In-fill Development Projects) of the California Code of Regulations (CEQA Guidelines). The proposed buildings and uses are consistent with the General Plan, Downtown Specific Plan, and Zoning regulations; the project is within the City on a site of less than five acres in size and surrounded by urban uses, the site has no value as habitat, the project will not result in significant effects to traffic noise, air quality or water quality, and the site is adequately served by existing utilities. In addition, there is no substantial evidence that the project will have a significant effect on the environment due to unusual circumstances. The action to demolish the existing buildings on the site are within the scope of the project evaluated by staff and found by the City to be exempt pursuant to State CEQA Guidelines Section 15332. Accordingly, no further environmental documentation is required. 119 Honorable City Council March 15, 2017 Page 3 FISCAL IMPACT Staffs estimate for the costs of the demolition of the project was $280,000.00. Two of the three bids came in significantly under this estimate. The cost of the demolition, with the added scope of work, is $144,721.00, plus a contingency of $14,472.00 for a total contract award of $159,193.00. Additional funds will be needed in the amount of $25,000.00 for building permit and Metrolink permit fees. The total budget amendment will be $184,193.00 from the Endowment Fund (2018). No funds have been budgeted in the FY 2016-17 budget for this work. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Find the removal of the site improvements to be categorically exempt from CEQA; and 2. Approve the removal of the site improvements at 104 and 192 High Street; and 3. Authorize award of Agreement for Demolition of Site Improvements at 104 and 192 High Street (L0007) to Standard Industries for the contract amount of $144,721, plus a project contingency of $14,472.00 for a total construction cost of $159,193.00; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 4. Adopt Resolution No. 2017- , amending the FY 2016-17 budget to fully fund the project as described in this report. Attachments— 1. Agreement 2. Resolution No. 2017- 120 ATTACHMENT 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND J.D.M.L., INC. DBA STANDARD INDUSTRIES, FOR DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET THIS AGREEMENT, executed as of this day of , 2017, between the City of Moorpark, a municipal corporation ("City") and J.D.M.L., Inc., a corporation, dba Standard Industries ("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 demolition of structures and appurtenances and site clearing at 104 and 194 High Street; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on March 15, 2017, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of City Council approval on March 15, 2017 until completion of the work identified in the Scope of Services and in conformance with Exhibit C, unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to demolition of structures and appurtenances and site clearing at 104 and 194 High Street, as set forth in Exhibit C: Contractor's Bid Proposal, dated March 3, 2017, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal" and as set forth in Exhibit D, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers' Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the Bid Manual. Where said Scope of Services as set forth in Exhibit C and Exhibit D is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. 121 Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit D. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total value of one hundred forty-four thousand seven hundred twenty-one dollars ($144,721.00) as stated in Exhibit C, plus a contingency of fourteen thousand four hundred seventy two dollars ($14,472.00), for a total contract value of one hundred fifty-nine thousand one hundred ninety three dollars ($159,193.00), without a written amendment to the Agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Randy Mayes, 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. J.D.M.L. Inc., dba Standard Industries Page 2 of 18 122 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one hundred forty-four thousand seven hundred twenty-one dollars ($144,721.00) as stated in Exhibit C, plus a contingency of fourteen thousand four hundred seventy two dollars ($14,472.00), for a total contract value of one hundred fifty-nine thousand one hundred ninety three dollars ($159,193.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. J.D.M.L. Inc., dba Standard Industries Page 3 of 18 123 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of two hundred fifty dollars ($250.00) 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. J.D.M.L. Inc., dba Standard Industries- _ Page 4 of 18 124 Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. J.D.M.L. Inc., dba Standard Industries Page 5 of 18 125 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. J.D.M.L.-Inc., dba Standard Industries Page 6 of 18 126 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical 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. J.D.M.L. Inc., dba Standard Industries Page 7 of 18 127 Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: John Scheck, President J.D.M.L., Inc., dba Standard Industries 1905 Lirio Avenue Ventura, California 93004 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. J.D.M.L. Inc., dba Standard Industries Page 8 of 18 128 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government J.D.M.L. Inc., dba Standard Industries Page 9 of 18 129 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 C and Exhibit D, attached hereto and incorporated herein by this reference as though set forth in full. In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the. Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK J.D.M.L., Inc. dba Standard Industries Steven Kueny, City Manager John Scheck, President Attest: Maureen Benson, City Clerk J.D.M.L. Inc., dba Standard Industries Page 10 of 18 130 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. J.D.M.L. Inc., dba Standard Industries Page 11 of 18 131 Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date prior to 1992. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This J.D.M.L. Inc., dba Standard Industries Page 12 of 18 132 endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, J.D.M.L. Inc., dba Standard Industries Page 13 of 18 133 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 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 J.D.M.L. Inc., dba Standard Industries Page 14 of 18 134 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. J.D.M.L. Inc., dba Standard Industries Page 15 of 18 135 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. J.D.M.L. Inc., dba Standard Industries Page 16 of 18 136 (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by J.D.M.L. Inc., dba Standard Industries Page 17 of 18 137 issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of January 1, 2020, by its own provisions.) J-.D.M.L. Inc., dba Standard Industries Page 18 of 18 138 Exhibit C BID CITY OF MOORPARK DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK: The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2)the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3)the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Moorpark to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein. The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached. Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 702530 , Class A, , which expires on 02/28/18 Bidder's Name: /JDD L Inc. dba Standard Industries Signature: L'"l/ G'r�P vl�l�L.. ✓ Date: 03-03-- Signature: Date: 82000-001611800815v4.doc B-1 139 ATTACHMENT 5— Revised Bid Sheet CITY OF MOORPARK BID SHEETS FOR DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET Bidder's Name: STANDARD INDUSTRIES To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the following prices: BASE AMOUNT: ITEM DESCRIPTION UNIT QTY AMOUNT NO. 1. Right-Of-Entry/Permits/Insurance LS $ 4,600 2. Asbestos Abatement LS $ 10,000 • 3 Demolition/Disposal—Granary LS $ 81,781 Buildings 4 Demolition/Disposal—Restaurant LS $ 19,142 Building 5. Post Demo Site Fencing LF 520 $ 4,000 TOTAL BASE AMOUNT $ 119,523 ADDITIVE OR DEDUCTIVE ITEMs: ITEM NO. DESCRIPTION UNIT AMOUNT 1. Add: Demolition of the sheet metal building LS $ 25,198 TOTAL ADDITIVE OR DEDUCTIVE ITEM(s): $ 25,198 140 ATTACHMENT 5— Revised Bid Sheet Note: Items may be adjusted or modified. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE IN DIGITS: $ 144,721.00 TOTAL BID PRICE IN WORDS: One hundred forty four thousand seven hundred twenty one Contractor also to supply cost to import additional soil for backfill beyond 10' depth. Cost to import soil for backfill beyond 10' depth = $_ 10.24 per cu/yd (not included in bid price) Signature: Title: PM Date: 03-03-17 Signature: Title: Date: 141 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name: Standard Industiries (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidders name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) Business Address: 1905 Lirio Ave Ventura. CA 93004 (4) Telephone: 805-643-6669 Facsimile: 805-643-6642 (5) Type of Firm—Individual, Partnership, LLC or Corporation: Corporation (6) Corporation organized under the laws of the State of: CA (7) California State Contractor's License Number and Class: 702530 A. C-21, HAZ Original Date Issued: 02/08/1995 Expiration Date: 02/28/2018 (8) DIR Contractor Registration Number 100013769 (9) List the name and title of the person(s)who inspected the Project site for your firm: Randy Mayes, Project Manager (10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting and site walk for your firm: Randy Mayes, Project Manager (11) Number of years experience the company has as a contractor in construction work: 22 (12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners,joint venturers, and company or corporate officers having a principal interest in this Bid: John Scheck Pres. Lennie Scheck Treas. Joseph Scheck Sec. (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: N/A 82000-0016\1800815v4.doc B-3 142 (14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: N/A (15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years: a. List the names, addresses and telephone numbers of contact persons for the parties: None b. Briefly summarize the parties' claims and defenses: c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: (16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. No 82000-001 611800815v4.doc B-4 143 (17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain. No (18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a"termination of convenience"? If yes, explain. No (19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five(5)years,did you have any claims or actions: a. By you against the owner? Circle one: Yes No b. By the owner against you? Circle one: Yes (ND c. By any outside agency or individual for labor compliance? Circle one: Yes d. By Subcontractors? Circle one: Yes ©o e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes If your answer is"yes"to any part or parts of this question, explain. (20) List the last three (3) projects you have worked on or are currently working on for the City of Moorpark: None 82000-0016 11800815v4.doc B-5 144 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive. The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Notary Public Company Subscribed and sworn to me: Signatur-. LO .1 V\ Title: P -sident Signature: ♦ + Date: This?- day of V.:LAD • , 20- 11 Title: Not PQ‘9((,(r, Signature: Signature: AllYVV\R4 Title: • Date: (SEAL) Notal y i'uuhc C iWornla Z Velowa County zD Cnnunuysum n 2169254 ! .u.,r My,. ...,,. F,1. .,.- )ct 23,2020 LEONA MARIA RUSSIAN c**. • Notify-public CaMornia :: Commission•2169254 -i_ om MY Cm. sions ct 23,_20 0 _Estft 82000-0016\1800815v4.doc B-6 145 REFERENCES FORM For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information. Particular interest in work done within a railroad right-of-way in the past: Project 1 Name/Number Westview Village -Ventura Housing Authority Project Description Demolish 21 Structures. Approximate Project Dates From: Jan 2017 To: April 2017 Agency Name: Cannon Constructors South Inc. Contact Person: Bill Edwards Telephone: 818-668-7768 Address: 17000 Ventura Blvd. Suite 301 Encino CA, 91316 Original Contract Amount: $ 610.000 Final Contract Amount: $ TBD If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes ®o Did the Agency file any claims against you? Circle one: Yes ofrTh If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Surge Tank Removal Project Description Demolish Concrete Water Tank Approximate Project Dates From: Jan 04. 2017 To: Jan 16. 2017 Agency Name: City of Santa Barbara Public Works Dept. Contact Person: Ken Young Telephone: 805-560-7568 Address: 630 Garden Street Santa Barbara, CA 93102 Original Contract Amount: $ 55,780.00 Final Contract Amount: $43,230.00 82000-001611800815v4.doc B-7 146 If final amount is different from original amount, please explain (change orders, extra work, etc.). Unit Pricing Scope Reduction Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes • Did the Agency file any claims against you? Circle one: Yes o If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number Boeing North Airport Property Project Description Demolish +/-45 acres of aircraft infrastructure for the C-17 Project Approximate Project Dates From: Jan 2017 To: Present Agency Name: The Boeing Company Contact Person: Steve Fischer Telephone: 562-209-4998 Address: 3100 Cover Street Long Beach CA 90808 Original Contract Amount: $ 2,794,000.00 Final Contract Amount: $ On-going If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? - Circle one: Yes (No) Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 82000-0016\1800815v4.doc B-8 147 Project 4 Name/Number Demolition at 3348 Ventura Road Project Description Demolish several structures and site pavement Approximate Project Dates From: April 2016 To May 2016 Agency Name: City of Ventura Contact Person: Neal Knopik Telephone: 805-677-3953 Address: 3348 Ventura Road Original Contract Amount: $ 91,750.00 Final Contract Amount: $ 74,666.00 If final amount is different from original amount, please explain (change orders, extra work, etc.). Scope Reduction Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes o Did the Agency file any claims against you? Circle one: Yes (-No) If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 Name/Number We have rail work but it's over two years ago ? Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). 82000-0016\1 800815v4.doc B-9 148 Did you or any Subcontractor,file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor,file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 82000-001611800815v4.doc B-10 149 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project. AclippteD 82000-0016\1800815v4.doc B-11 150 RANDY MAYES PROJECT MANAGER STANDARD INDUSTRIES OVERVIEW Over 25 years experience in heavy industrial construction, demolition and project management,including more than 10 years in oil and gas production. LICENSES STATE of CALIFORNIA Class A General Engineering, and Class C -21 STANDARD INDUSTRIES Welding Contractor 1905 LIRIO AVENUE EDUCATION Associate of Science VENTURA,CA 93004 Underwater Marine Technology Santa Barbara City College(1984) (805) 805-6669 MILITARY SERVICE u.S.Air Force 1976-1980 PROFESSIONAL 2000—PRESENT PROJECT MANAGER EXPERIENCE Randy has extensive experience working directly on a variety of complex demolition projects in addition to managing a staff of estimators/superintendents and setting design standards and quality control for all SI projects 1995—2000 SENIOR ESTIMATOR SELECTED PROJECT 2011 I CTL III AN - DEMOLITION &SITE REMEDIATION EXPERIENCE 11 acre test facility comprised of several test stands, buildings and underground tunnels. 2010 I THE "BOWL" DEMOLITION, DECOMMISSION &SITE REMEDIATION facility.test engine A 17 acre rocket Demolition of several test stands, foundations ,•�_rY• and all site infrastructure. 2004 I BUILDING 59(SNAP REACTOR BUILDING) Notably the deepest structure at SSFL to be demolished, required several thousand .t . yards of cut and fill. w -1 1999 I SABER TEST FACILITY Notably the tallest structure at SSFL to be demolished. 1997 I BUILDING 4064(RADIOACTIVE MATERIAL STORAGE BUILDING) Standard Industries first job with Boeing North America—Rocketdyne Division. !; • 151 DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent(0.5%) of the Contractor's total Bid or$10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which CSLB License DIR Type of Work Percentage Contractor Address and Phone Subcontractor is Number(s)and (e.g., of Total Bid R Licensed Class(es) Registration Number Asbestos (e.g., 10%) and Registered Number Abatement) VenTERRA Env 989629 1000021207 805-988-3000 Asbestos 6% The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). 82000-0016\1800815v4.doc B-12 152 INDUSTRIAL SAFETY RECORD FORM Bidder's Name Standard Industries 'Current Year of 2016 2015 2014 2013 2012 Total Record Number of contracts 3 25 16 17 16 16 93 Total dollar amount of contracts (in thousands of 3.7 Mil 6.1 MU 7.8 Mil 4.1 Mil 3.8 Mil 5.1 Mil 30.6 Mil dollars) Number of fatalities 0 0 0 0 0 0 0 Number of lost 0 0 0 0 0 0 0 workday cases i - Number of lost workday cases involving permanent transfer 0 0 0 0 0 0 0 to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. Signature: J Signature: Title: Project Manager Title: Date: o2/t 7-/ZO/?- Date: • 82000-001611800815v4.doc B-13 153 • I. 1 ' Bond No. MBC000028 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("Public Agency"), has issued an invitation for Bids for the Work described as follows: Demolition of Structures and Site Clearance at 104 and 192 High Street WHEREAS JDML,INC.DBA:STANDARD INDUSTRIES-1905 LIRIO AVE.,VENTURA,CA 93004 (Name and address of Bidder) ("Principal"), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and MERCHANTS BONDING COMPANY 6700 WESTOWN PARKWAY,WEST DES MOINES,IA 50266 - i (Name and address of Surety) ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of NOT TO EXCEED TEN PERCENT { (10%)OF THE TOTAL AMOUNT BID Dollars ($ 10% ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845. 82000-0016\1800815v4.doc B-14 15 4 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: MARCH 2,2017 "Principal" "Surety" JDML,INC.DBA:STANDARD INDUSTRIES MERCHANTS BONDING COMPANY ,/ By: By: � // Its: , Its: / 4./SANDRA BLACK,A I N FtEY-IN-FACT By: By: Its: Its: Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 82000-0016\1800815v4.doc B-15 155 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Sacramento On 9-01 before me, E. Johnson , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Sandra R. Black Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), E.JOHNSON and that by his/her/their signature(s) on the instrument the COMM.#2127163 person(s), or the entity upon behalf of which the person(s) c9 aV NOTARYPUBUC•CALIFORNIA nacted, executed the instrument. 2 SACRAMENTO COUNTY '`^�^" Comm.Exp.P OCT.15,2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my handand off ial seal. Signature ( -5 Place Notary Seal Above Signature of Not, blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sandra R. Black Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General d Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ trustee OF SIGNER El-Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Merchants Bonding Company 156 . , . ',. • MERCHANTS� BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, Sandra R Black; Sharon J Rusconi; Sokha Evans of Sacramento and State of California their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name,place and stead, to sign,execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION(510,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 20th day of November, 2014_ ,.,,an,hn•4 ...... G ����tr,A101447..„..... ., •*v• COL'•w:)• MERCHANTS BONDING COMPANY(MUTUAL) F 44....,C%�'aR4j n ;m4.... .••%PO4.%.1%1.. MERCHANTS NATIONAL BONDING,INC. ..p- `e3 G- -ti:_ -o- o• =�'- 2003 IQ i Q :Q:• 1933 :c �,:1Z•- •';,rte ; • d4`y `\ .• STATE OF IOWA •. BY /••• -, 77/Ia.__ , ••.•,,I••` •*•• y``,1,�� •�•••• * ••••i • COUNTY OF POLK ss. """."'•"N President On this20th day of November. 2014,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. �PO1 1 WENDY WOODY '� Commission Number 784654 pp ? My Commission Expires •i• /owe- June 20, 201741111. Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. 1, Wiliam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. Wtness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this f day of (v c&c;k , 20 i--.7 ,%•''.1IOi�t.�/ ••, ••DING Cpl•.• • ti: i/1:1-'1" :it'": -per b. • '2+A� !�'G`�Zs2l/7�, t: 2003 •3 ' •d' 1933 :c• Secretary d .:N • •. d4;-. •�a: 157 POA 0014 (7/14) iy;•-........•.riv��,.� •.•�y '�•.. 'r F,, • NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] In accordance with Public Contract Code Section 7106, the undersigned declares: I am the Project Manager of Standard Industries , 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 02-27-2017 [date], at Ventura [city], CA [state]. Signature: / • � 1 Signature: Printed Name: Randy Mayes Printed Name: Date: 02-27-2017 Date: This form must be notarized. 82000-0016\1800815v4.doc B-16 158 i n CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of On 0-19-'1 \ \--1 before me, [..10-14.0t R145 I LL f/l, I Vo l ( Ub 1(�� , Date Here Insert Name and Title of t e Officer personally appeared ROLi/ 3r \ 3 °Cijme(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in • his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), ( or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,07- , l.EONA KURU RUSSIAN WITNESS my hand and official seal. NotaiYPublic-California / Ventura County z ' Z 'f Commission#2169254 s Signature I Comm.E fres Oct 23._2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑ Partner— ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: A-.••\,',• . ..A-,. .w.. �p_.�.� \Ln_,. .`.ten . A . . . ..... .'...'_,• . ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 159 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name: Standard Industries The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature Ze l7- If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. 82000-0016\1800815v4.doc B-17 160 Demolition of Structures and Site Clearance at 104 High Street and 192 High Street—Addendum No. 1 February 24, 2017 Page 2 6. Contractor is instructed to add the demolition of the sheet metal building, and all associated foundations, located to the east of the original demolition scope of work to the project, as shown on the plans included as Attachment 2. The building has been tested for lead based paint and asbestos and was negative for all materials. This would be an add alternate option. Please use revised bid sheet included as Attachment 5. 7. Bid due date is extended to March 3,2017 at 4:00 p.m. 'END OF CHANGES' This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed therefore. 1401 Jeremy Laurentows i, Parks and Recreation Director Questions regarding this addendum may be directed to the City's Project Representative Jessica Sandifer, jsandifer@moorparkca.gov. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT isandifer.a moorparkcagov AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: %/ir/D/9/20 fir.-,04217? �1 c Authorized Representative: / ,4.v0,.r P/4.--.4 yrs_r- Signature of Authorized Representativ-. .��/`/�` Attachments: - 2 161 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: ' Project Manager Title Date 02-28-2017 82000-0016\1800815v4.doc B-18 162 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: Project Manager Date: 02-28-2017 82000-001611800815v4.doc B-19 163 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMI1TED W1TI-1 BID [Labor Code gh172O. 1775, 1770. 1777.5. 1810. 1813, 1060. 1801.3700] 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 COwner")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars($50)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to(1)keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776. and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. ) O. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. T. 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: ^| 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." 8ignotmre— ������� 7/4-n_—~^' Date 02-28-2017 Printed Name Randy Mayes Company Standard Industries Title Project Manager 82000-0016n800815v4.uou B-20 16 4 EXHIBIT D 41E: ITiZO _en44,„ �2 AOt c712 gq III ,I I I 0-1 CITY OF MOORPARK CONTRACT DOCUMENTS FOR DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET IDENTIFICATION NO. P&R - 2017-1 82000-0016\1919347v1.doc 16 5 TABLE OF CONTENTS Page NOTICE INVITING BIDS NC-1 INSTRUCTIONS TO BIDDERS I-1 CHECKLIST FOR BIDDERS 1-5 BID B-1 SAMPLE CONTRACT C--21 INSURANCE REQUIREMENTS C-30 PAYMENT BOND (LABOR AND MATERIALS) C-38 PERFORMANCE BOND - C-40 CHECKLIST FOR EXECUTION OF CONTRACT C-43 GENERAL PROVISIONS GP-1 SECTION 0. GENERAL PROVISIONS DEFINED GP-1 SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,AND SYMBOLS GP-1 SECTION 2. SCOPE AND CONTROL OF THE WORK GP-2 SECTION 3. CHANGES IN WORK GP-5 SECTION 4. CONTROL OF MATERIALS GP-5 SECTION 5 UTILITIES GP-6 SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK GP-9 SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR GP-13 SECTION 8. FACILITIES FOR AGENCY PERSONNEL GP-21 SECTION 9. MEASUREMENT AND PAYMENT GP-22 SECTION 10. ADDITIONAL TERMS GP-25 SPECIAL PROVISIONS SP-1 82000-0016\1800815v4.doc -I- 1 6 6 TABLE OF CONTENTS Page APPENDIX I: TECHNICAL SPECIFICATIONS APPENDIX II: PRE-DEMOLITION ASBESTOS AND LEAD SURVEY REPORT APPENDIX III: SAMPLE VCTC RIGHT-OF-ENTRY AGREEMENT APPENDIX IV: SAMPLE METROLINK TEMPORARY RIGHT-OF-ENTRY AGREEMENT APPENDIX V: SAMPLE METROLINK RIGHT OF WAY ENCROACHMENT PROCESS APPENDIX VI: METROLINK - GENERAL SAFETY REGULATIONS FOR THIRD PARTY CONSTRUCTION AND UTILITY WORKERS APPENDIX VII: STORMWATER POLLTION CONTROL PLAN APPENDIX VIII: CITY HOLIDAYS - 82000-0016\1800815v4.doc -II- 1-6 7 NOTICE INVITING BIDS FOR Demolition of Structures and Site Clearance at 104 and 192 High Street [the "Project"] Identification number: P&R—2017-1 NOTICE IS HEREBY GIVEN that the City of Moorpark, California ("City") invites sealed Bids for the Project and will receive such bids in the office of the City Clerk of the City of Moorpark at 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:30 p.m. on the 2nd day of March, 2017, at which time they will be publicly opened and read aloud. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. MANDATORY PRE-BID MEETING AND SITE VISIT. A mandatory pre-bid meeting and site walk will be held on February 21, 2017 at 9:00 a.m. at the project site. Every Bidder is required to attend the pre-bid meeting and Project site walk. Failure of a Bidder to attend will render that Bidder's Bid non-responsive. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a "public work." The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations ("DIR") regarding the prevailing rate of per diem wages. Copies of those rates are on file and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. BONDS. Each Bid must be accompanied by a cash deposit, cashier's check, certified check or Bidder's Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. LICENSES. Each Bidder shall possess a valid Class A, B, or C-21 Contractor's license issued by the California State Contractors License Board at the time of the Bid submission, with ASB certification if the Contractor proposes to abate the asbestos with their own forces, in strict conformance with the specifications now on file in the City's Parks, Recreation and Community Services Department. Additionally, Bidder must have satisfactorily completed at least three (3) 82000-0016\1800815v4.doc NC-1 168 Southern California projects in the last five (5) years of comparable size to the scope of this project. The successful Contractor must also possess a current City business license. RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor's expense. No such substitutions shall be accepted until all related documents are approved by the City. RAILROAD PROPERTY. A portion of the project is located on property owned by the Ventura County Transportation Commission (VCTC), and sits adjacent to the Southern California Regional Rail Authority (Metrolink) Right-Of-Way. The successful bidder will be required to obtain Right-Of-Entry Agreements with both VCTC and Metrolink (which, among many things, includes obtaining Railroad Liability Insurance) prior to beginning work on the project site. Bidders are responsible for researching and including all associated Right-Of-Entry costs in their bids. See Bid Documents and appendices for additional information. TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than five (5) Days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $250 for each Day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents. BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. The Plans, Contract documents and Specifications will be available for public inspection as follows: City of Moorpark Ventura County Contractor's Association www.moorparkca.gov 1830 Lockwood Street, Suite 110 Oxnard, CA 93036 FW Dodge 1333 S. Mayflower Avenue, Suite 300 www.ebidboard.com Monrovia, CA 91016 Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside, "BID FOR DEMOLITION OF 192 AND 104 HIGH STREET—DO NOT OPEN WITH REGULAR MAIL." Bidders shall guarantee the bid price for a period of 90 calendar days from the date of bid opening. Any questions regarding this notice can be directed, in writing, to the City's Project Representative: Jessica Sandifer, Program Manager by e-mail isandifer(c�moorparkca.gov. 82000-0016\1800815v4.doc NC-2 169 INSTRUCTIONS TO BIDDERS FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces, including inserting "N/A" (for not applicable) where necessary. The Bid shall be enclosed in a sealed envelope bearing the Bidder's name and the Project name and identification number as described in the Notice Inviting Bids. DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives will be considered. The time of delivery shall be conclusively determined by the time-stamping clock located at the City Clerk's office. Bidders are solely responsible for ensuring that their Bids are received in proper time, and Bidders assume all risks arising out of their chosen means of delivery. Any Bid received after the Bid submission deadline shall be returned unopened. Bidders are invited to be present for Bid opening. Accepted Bids shall become the property of the City. AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive. WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk before the Bid submission deadline. Bids must remain valid and shall not be subject to withdrawal for sixty(60) Days after the Bid opening date. BIDDER'S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier's check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent(10%) of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15) Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder's refusal or failure to do so, the City may award the Contract to the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents. QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The City does not guarantee that the actual amounts required will correspond with those shown. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents. ADDENDA. The City may, from time to time, issue Addenda to the Contract Documents. Bidders are responsible for ensuring that they have received any and all Addenda. Each Bidder is responsible for verifying that it has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive. 82000-0016\1800815v4.doc I-1 1 7 0 DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose. In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the "extended amount" column, then the amount set forth in the "extended amount" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the"extended amount"column shall be the unit price. (2) As to unit price items, the amount set forth in the"extended amount" column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price. In case of discrepancy between words and figures, the words shall prevail. COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors. BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. It will also be assumed that Bidder has familiarized themselves with the requirements for insurance from the City of Moorpark, the Ventura County Transportation Commission, and the Southern California Regional Rail Authority, as outlined in the bid documents. Failure to provide the required insurance will result in forfeiture of the Bid Bond. No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law. DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is 82000-0016\1800815v4.doc 1-2 171 not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected. RETURN OF BID SECURITY. The successful Bidder's Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder has signed the Contract. AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within sixty(60) Days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid. ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined as follows: The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). Contractor shall self-perform not less than fifty percent (50%) of the Work, as determined by the percentage of Work to be performed by listed Subcontractors. EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder's security. In such event, the City may declare the Bidder's security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids. SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom. INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor's faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their use at the time of Bid submission. 82000-0016\1800815v4.doc 1-3 1 7 2 INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the City a written request for an interpretation or correction not later than 96 hours prior to the Bid submission deadline. Requests for clarification received after the 96 hour deadline will be disregarded. Please indicate the Project and identification number in the request for clarification. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum. No oral interpretation of any provision in the Contract Documents shall be binding. TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid. 82000-0016\1800815v4.doc 1-4 1 7 3 CHECKLIST FOR BIDDERS The following information is required of all Bidders at the time of Bid submission: Completed and Signed Bid Cover Form Completed and Signed Bid Sheets Completed, Signed and Notarized Questionnaire Completed References Form Resume of General Construction Superintendent/On-Site Construction Manager Completed Subcontractor Designation Form Completed and Signed Industrial Safety Record Form Completed, Signed and Notarized Bid Bond or Other Security Form Signed and Notarized Noncollusion Declaration Form Completed and Signed Addenda Acknowledgement Form Signed Environmental, Health and Safety Standards Compliance Form Signed Workers' Compensation Insurance Certificate Completed and Signed Agreement to Comply with California Labor Law Requirements Form Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive. 82000-0016\1800815v4.doc 1-0 1 7 4 BID CITY OF MOORPARK DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK: The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2)the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3)the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Moorpark to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein. The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached. Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned certifies to have a minimum of five(5) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number , Class , which expires on Bidder's Name: Signature: Date: Signature: Date: 82000-0016\1800815v4.doc B-1 1 7 5 CITY OF MOORPARK BID SHEETS FOR DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET Bidder's Name: To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the following prices: BASE AMOUNT: ITEM NO. DESCRIPTION UNIT AMOUNT 1. Right-Of-Entry/ Permits/Insurance LS $ 2. Asbestos Abatement LS $ 3 Demolition/Disposal—Granary LS $ Buildings 4 Demolition/Disposal—Restaurant LS $ Building TOTAL BASE AMOUNT $ Note: Items may be adjusted or modified. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE IN DIGITS: $ TOTAL BID PRICE IN WORDS: Signature: Title: Date: Signature: Title: Date: 82000-0016\1800815v4.doc B-2 1 7 6 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name: (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) Business Address: (4) Telephone: Facsimile: (5) Type of Firm— Individual, Partnership, LLC or Corporation: (6) Corporation organized under the laws of the State of: (7) California State Contractor's License Number and Class: Original Date Issued: Expiration Date: (8) DIR Contractor Registration Number: (9) List the name and title of the person(s) who inspected the Project site for your firm: (10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting and site walk for your firm: (11) Number of years experience the company has as a contractor in construction work: (12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid: (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: 82000-0016\1800815v4.doc B-3 1 7 7 (14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: (15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five(5) years: a. List the names, addresses and telephone numbers of contact persons for the parties: b. Briefly summarize the parties' claims and defenses: c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: (16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. 82000-0016\1800815v4.doc B-4 1 7 8 (17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain. (18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, explain. (19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five(5) years, did you have any claims or actions: a. By you against the owner? Circle one: Yes No b. .By the owner against you? Circle one: Yes No c. By any outside agency or individual for labor compliance? Circle one: Yes No d. By Subcontractors? Circle one: Yes No e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No If your answer is "yes" to any part or parts of this question, explain. • • (20) List the last three (3) projects you have worked on or are currently working on for the City of Moorpark: 82000-0016\1800815v4.doc B-5 179 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive. The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Notary Public Company Subscribed and sworn to me: Signature: Title: Signature: Date: This day of ,20 Title: Signature: Signature: Title: Date: (SEAL) 82000-0016\1800815v4.doc B-6 1 8 0 REFERENCES FORM For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information. Particular interest in work done within a railroad right-of-way in the past: Project 1 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number • Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ 82000-0016\1800815v4.doc B-7 1 8 1 If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 82000-0016\1800815v4.doc B-8 1 8 2 Project 4 Name/Number Project Description Approximate Project Dates From: To Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor,file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). 82000-0016\1800815v4.doc B-9 183 Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 82000-0016\1800815v4.doc B-10 1 8 4 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project. 82000-0016\1800815v4.doc B-1 1 1 85 DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which CSLB License DIR Type of Work Percentage Subcontractor is Number(s)and Contractor Address and Phone (e.g., of Total Bid Licensed Class(es) Registration Number Asbestos (e.g., 10%) and Registered Number Abatement) The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). 82000-0016\1800815v4.doc B-12 186 INDUSTRIAL SAFETY RECORD FORM Bidder's Name Current Year of 2016 2015 2014 2013 2012 Total Record Number of contracts Total dollar amount of contracts(in thousands of dollars) Number of fatalities Number of lost workday cases Number of lost workday cases involving permanent transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. Signature: Signature: Title: Title: ,. Date: Date: 82000-001611800815v4.doc B-13 187 • Bond No. BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("Public Agency"), has issued an invitation for Bids for the Work described as follows: Demolition of Structures and Site Clearance at 104 and 192 High Street WHEREAS (Name and address of Bidder) ("Principal"), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845. 82000-0016\1800815v4.doc B-14 188 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its: Its: By: By: Its: Its: Note: This Bond must be dated, all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. 82000-0016\1800815v4.doc B-15 189 NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] In accordance with Public Contract Code Section 7106, the undersigned declares: I am the of , the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], _ [state]. Signature: Signature: Printed Name: Printed Name: Date: Date: This form must be notarized. 82000-0016\1800815v4.doc B-16 1 9 0 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name: The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. 82000-0016\1800815v4.doc B-1 7 1 9 1 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: Title Date 82000-0016\1800815v4.doc B-18 1 9 2 WORKERS' COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the'following statement: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." By Title: Date: 82000-001611800815v4.doc B-19 1 9 3 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner("Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner,forfeit not more than fifty dollars($50)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to(1)keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Date Printed Name Company Title 82000-0016\1800815v4.doc B-20 1 9 4 SAMPLE CONTRACT AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET THIS AGREEMENT, executed as of this day of 2017, between the City of Moorpark, a municipal corporation ("City") and , a ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to demolition of structures and appurtenances and site clearing at 104 and 194 High Street; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on , 2017, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of City Council approval on , 2017 until completion of the work identified in the Scope of Services and in conformance with Exhibit , unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to demolition of structures and appurtenances and site clearing at 104 and 194 High Street, as set forth in Exhibit : Contractor's Bid Proposal, dated , 2017, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal"and as set forth in Exhibit , which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers' Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit_. Where said Scope of Services as set forth in Exhibit_ and Exhibit _ is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit_and Exhibit Contractor shall complete the tasks according to the schedule of performance which is also set 82000-001611800815v4.doc C-21 195 forth in Exhibit Compensation for the services to be performed by Contractor shall be in accordance with Exhibit Compensation shall not exceed the rates or total value of dollars ($XXXXX) as stated in Exhibit , without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be [CONTRACTOR'S DESIGNEE], and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit_, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($X)0X(X) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. 82000-0016\1800815v4.doc C-22 196 The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 82000-0016\1800815v4.doc C-23 1 9 7 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of two hundred fifty dollars ($250.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City after the above specified completion date shall' not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10)years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have 82000-0016\1800815v4.doc C-24 1 9 8 been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. 82000-0016\1800815v4.doc C-25 19 9 Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION • Neither the 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. 82000-0016\1800815v4.doc C-26 2 0 0 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark,California 93021 To: CONTRACTOR COMPANY NAME ADDRESS CITY, STATE ZIP CODE Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 82000-0016\1800815v4.doc C-27 2 0 1 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or-effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own. independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit and Exhibit , attached hereto and incorporated herein by this reference as though set forth in full. 82000-0016\1800815v4.doc C-28 2 0 2 In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONTRACTOR Steven Kueny, City Manager SIGNATORY Title: Attest: Maureen Benson, City Clerk 82000-0016\1800815v4.doc C-29 203 EXHIBIT A • INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on 82000-001611800815v4.doc C-30 2 0 4 this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date prior to 1992. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 82000-0016\1800815v4.doc C-31 205 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include 82000-0016\1800815v4.doc C-32 206 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 allegedfailure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse 82000-0016\1800815v4.doc C-33 2 0 7 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. 82000-0016\1800815v4.doc C-34 208 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii)The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct 82000-0016\1800815v4.doc C-35 209 contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 82000-0016\1800815v4.doc C-36 2 1 0 (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the _ claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g)This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of January 1, 2020, by its own provisions.) 82000-0016\1800815v4.doc C-37 21 1 Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark("Public Agency"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract(the"Contract") for the Work described as follows: DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys'fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 82000-0016\1800815v4.doc C-38 21 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the State where the project is located. 82000-0016\1800815v4.doc C-39 213 Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark("Public Agency"), has awarded to ("Principal") (Name and address of Contractor) a contract (the"Contract") for the Work described as follows: DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the 82000-0016\1800815v4.doc C-40 2 1 4 provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: _ By: Its Its By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 82000-0016\1800815v4.doc C-41 215 PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN THE SPACE PROVIDED BELOW SURETY—Contact Information BROKER—Contact Information Attn: Attn: Address: Address: City State Zip City State Zip Phone#: - Phone# 82000-001611800815v4.doc C-42 216 CHECKLIST FOR EXECUTION OF CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER: Two (2) executed and notarized copies of the Contract Payment Bond in amount of the Contract Performance Bond in amount of the Contract Workers' Compensation Certificate Liability insurance certificate in the amount of one million dollars ($1,000,000) per occurrence, naming the City as a co-insured General aggregate insurance certificate in the amount of two million dollars ($2,000,000), naming the City as a co-insured Automobile insurance certificate in the amount of one million dollars ($1,000,000), naming the City as a co-insured Proof of Railroad Liability Insurance and other insurance required for work on the Railroad Property Additional insured endorsement (ongoing and completed operations) — comprehensive general liability Additional insured endorsement—automobile liability Additional insured endorsement—excess liability (if applicable) Copy of City business license 82000-0016\1800815v4.doc C-43 21 7 GENERAL PROVISIONS SECTION 0. GENERAL PROVISIONS DEFINED 0-1 STANDARD SPECIFICATIONS The Work described herein shall be done in accordance with the provisions of the 2015 edition of the Standard Specifications for Public Works Construction (SSPWC), and all supplements thereto, prepared and promulgated by the Greenbook Committee of Public Works Standards Inc., formerly the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America, and the following modifications thereto are established as the Standard Specifications for the City, except for those provisions that are expressly not incorporated by a provision in the Contract Documents. 0-2 NUMBERING OF SECTIONS The number of sections and subsections in these General Provisions are compatible with the numbering in the Standard Specifications. The Special Provisions will be numbered as Sections 700 through 799. Subsections of architectural and/or other work may be numbered according to the Construction Specifications Institute (CSI) format. 0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS The Sections that follow supplement, but do not replace, the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control. SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS The provisions below shall supplement, but not replace, those provisions in Section 1 of the Standard Specifications. 1-2 TERMS AND DEFINITIONS Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following: Agency—The City of Moorpark. Board—The City Council of the City of Moorpark. Contract Documents — As defined in Standard Specifications Section 1-2, but also including the General Provisions. County—County of Ventura, California Inspector — An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor. Laboratory—A laboratory authorized by the City to test materials and Work involved in the Contract. 82000-0016\1800815v4.doc GP-1 2 1 8 Project—See Work. Submittal —Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract. 1-3.3 Institutions The institutions listed in Section 1-3.3 of the Standard Specifications shall be supplemented by the list below: Abbreviation Word or Words AAN American Association of Nurserymen ACI American Concrete Institute AGCA Associated General Contractors of America APWA American Public Works Association ASME American Society of Mechanical Engineers CRSI Concrete Reinforcing Steel Institute CSI Construction Specifications Institute IEEE Institute of Electric and Electronic Engineers NEC National Electric Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association SSS State of California Standard Specifications, Latest edition, Department of Transportation SSP State of California Standard Plans, Latest edition, Department of Transportation SECTION 2. SCOPE AND CONTROL OF THE WORK The provisions below shall supplement but not replace those provisions in Section 2 of the Standard Specifications. 2-2 ASSIGNMENT Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. If the City opts to consent to assignment, the City's consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract. 82000-0016\1800815v4.doc GP-2 2 1 9 2-4 CONTRACT BONDS The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from date of recordation of Notice of Completion by the County Recorder, in the amount of one hundred percent (100%) of the Contract Price. In lieu of the warranty or maintenance Bond, Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. Other than the details listed herein, the warranty or maintenance Bond shall adhere to the requirements for Bonds in Section 2-4 of the Standard Specifications. Nothing herein shall abridge or amend Section 6-8.3 of the Standard Specifications or the related provisions in these Contract Documents.. All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General In addition to the requirements under Section 2-5.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work,the Contractor shall return the control set to the City. Final payment will not be made until this requirement is met. Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 2-5.2 Precedence of the Contract Documents With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows: 1. Permits issued by regulatory agencies with jurisdiction. 2. Change Orders and Supplemental Agreements, whichever occurs last. 82000-0016\1800815v4.doc GP-3 2 2 0 3. Contract/Agreement. 4. Addenda. 5. Notice Inviting Bids. 6. Instructions to Bidders. 7. Bid/Proposal. 8. General Provisions. 9. Special Provisions. 10. Plans. 11. Standard Plans. 12. Standard Specifications. 13. Reference Specifications. • 2-7 SUBSURFACE DATA If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the office of the City. It is the Contractor's sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations. The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, its agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work. The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 2-9 SURVEYING The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors' Act (Business and Professions Code Section 8700 et seq). All Project surveying notes and "cut-sheets" are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor. 82000-0016\1800815v4.doc GP-4 2 2 1 Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor's expense. 2-10 INSPECTION The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. SECTION 3. CHANGES IN WORK The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications. 3-2 CHANGES INITIATED BY THE AGENCY The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the City, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 3-3 EXTRA WORK New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City. SECTION 4. CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP The provisions below shall supplement but not replace those provisions in Section 4-1 of the Standard Specifications. The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-1.1 Test of Materials Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and 82000-0016\1800815v4.doc GP-5 2 2 2 the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the City. All requests for substitution shall be submitted, together with all documentation necessary for the City to determine equivalence, no later than five (5) Days before the Bid submission deadline, unless a different deadline is listed in the Special Provisions. SECTION 5 UTILITIES The provisions below shall supplement but not replace those provisions in Section 5 of the Standard Specifications. 5-1 LOCATION The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and-all construction methods are the Contractor's sole responsibility. There are additional requirements imposed by SCRRA for locating utilities within the railroad right-of-way. Please see Appendix _ for more information. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site. 82000-0016\1800815v4.doc G P-6 2 2 3 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM No excavation will be permitted until this form is completed and returned to the City. Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10)Working Days. Dig Alert Identification Number: Dated: ("CONTRACTOR") _ By: Printed Name: Title: By: Printed Name: Title: Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request. 82000-0016\1800815v4.doc GP-7 2 2 4 5-1.3 Entry by Utility Owners The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all. 5-2 PROTECTION If Contractor damages or breaks the Utilities, it will be the Contractor's responsibility to repair the Utility at no cost to the Utility or the City. 5-3 REMOVAL Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings. 5-4 RELOCATION The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. 5-6 COOPERATION The Contractor's attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor. 5-7 NOTIFICATION The Contractor shall notify the City and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate: 2 2 5 82000-0016\1800815v4.doc GP-8 CITY ENGINEER TIME WARNER (805)517-6285 (888)892-2253 TRAFFIC ENGINEER AT&T (805)517-6285 (800)310-2355 CITY POLICE DEPARTMENT UNDERGROUND SERVICE ALERT (805)532-2700 1-800-422-4133 CALIFORNIA HIGHWAY PATROL UNION PACIFIC RAILROAD CO. (805)553-0800 (800)336-9193 MOORPARK TRANSIT DIVISION MOORPARK UNIFIED SCHOOL DIST. (805)517-6257 (805)378-6300 VENTURA COUNTY WATERWORKS VENTURA COUNTY FIRE PROTECTION DISTRICT DISTRICT NO.1 (805)389-9710 (805)378-3000 U.S.POST OFFICE CALLEGUAS MUNICIPAL WATER (805)529-3596 DISTRICT (805)526-9323 WASTE MGMT/GI RUBBISH (805)522-9400 SO.CALIFORNIA EDISON COMPANY (800)655-4555 ANDERSON RUBBISH (805)526-1919 THE GAS COMPANY (800)427-2200 CALTRANS (805)653-2584 MED TRANS AMBULANCE (805)495-4668 SUNESYS California Sales/Operations (951)278-0400 SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule In addition to the construction schedule required pursuant to Section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules. 82000-0016\1800815v4.doc GP-9 - 2 2 6 One (1) week before the scheduled pre-construction meeting, the Contractor must submit a construction schedule to the City for review and approval. The Contractor shall make revisions as required by the City. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the City, or when: a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor's current accepted Project construction schedule. 6-1.1.1 Pre-Construction Meeting Approximately ten (10) Days before the commencement of Work at the site, a pre-construction meeting will be held at the City and shall be attended by the Contractor's Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory. Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City for approval a minimum of two (2) Working Days before the pre-construction meeting. Unless previously submitted to the City, the Contractor shall bring to the pre-construction conference copies of each of the following: 1) Construction Schedule. 2) Procurement schedule of major equipment and materials and items requiring long lead time. 3) Shop drawing/sample submittal schedule. 4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes. 5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation. The purpose of the meeting is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor's construction schedule. 2) Notification of local residents before starting any Work and keeping them informed throughout the Project. 3) Procedures for transmittal, review, and distribution of the Contractor's submittals. 4) Processing applications for payment. 5) Maintaining record documents. 6) Critical Work sequencing. 7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any. 9) Field decisions and Change Orders. 82000-0016\1800815v4.doc GP-10 2 2 7 10) Use of Project site, office and storage areas, security, housekeeping, and the City's needs. 11) Major equipment deliveries and priorities. 12) Traffic control. 13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week "look ahead" schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings. 6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon thirty (30) Days'written notice. The rest of the procedure outlined in Section 6-5 shall apply to such situation, including the Contractor's required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract. Furthermore, some of the City's projects are funded in whole or in part by funds other than the City's General Fund. If this Project is funded by such external funds in whole or in part, or if those external funds are terminated or reduced at any time and for any reason or for no reason at all, and the City determines at its discretion that no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Project immediately. The City shall reimburse the Contractor for its work satisfactorily completed until the termination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding from its external source. The Special Provisions may include further details in this regard. 6-6 DELAYS AND EXTENSIONS OF TIME Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time. 6-6.1 Extensions of Time In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract 82000-0016\1800815v4.doc GP-11 228 Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-6.2 Payment for Delays Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays. Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work. This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 COMPLETION, ACCEPTANCE AND WARRANTY The Contractor shall complete all Work under the Contract within thirty (30) Working Days from the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials. 6-8.2 Acceptance The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 7-8 of the Standard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the City: 1. A form of Notice of Completion, with all information required by the California Civil Code; 2. All written guarantees and warranties; 3. All "as-builts"; 4. The warranty or maintenance Bond or proof from the Surety of the extension of the performance Bond, as more specifically detailed in Section 2-4 of these General Provisions; and 5. Duplicate copies of all operating instructions and manufacturer's operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct 82000-0016\1800815v4.doc GP-12 2 2 9 operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures. The Contractor shall allow at least seven (7) Working Days notice for final inspection. Such notice shall be submitted to the City in writing. 6-8.3 Warranty For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the City's acceptance of the final item(s)on that punchlist. The Contractor shall repair or replace defective materials and workmanship as, required in Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects. The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. 6-9 LIQUIDATED DAMAGES For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the City, and the City has certified such completion in accordance with Section 6-8.1 of the Standard Specifications. SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following: The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor's indemnity obligations contained in the Contract. The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-10. 82000-00161180'0815v4.doc GP-13 230 The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced with the following: Construction materials and equipment shall not be stored in Streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the City. The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following: The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor's or the Subcontractors' operations or as required by the Plans and Specifications. The last paragraph of Subsection 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid. Section 7-12 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following: The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment. Otherwise, the provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications. 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES A noise levels shall be limited to a reasonable level shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 7-2 LABOR 7-2.2.1 Public Work The Contractor acknowledges that the Project is a "public work" as defined in Labor Code Section 1720 et seq. ("Chapter 1"), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be 82000-0016\1800815v4.doc GP-14 2 31 bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein. 7-2.2.2 Copies of Wage Rates Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents. 7-2.2.3 Job Site Notices The Contractor is required to post job site notices, as prescribed by regulation. 7-2.2.4 Failure to Pay Prevailing Rates The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor. 7-2.2.5 Apprentices The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 7-2.2.6 Debarment or Suspension The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City. 82000-0016\1800815v4.doc GP-15 2 3 2 7-2.3 Payroll Records The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. 7-2.4 Hours of Labor The Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for eacli calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(1-1/2)times the basic rate of pay. 7-2.5 Registration with the DIR In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 7-2.6 Compliance Monitoring and Posting Job Sites This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 7-2.7 Subcontractors For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the • 82000-0016\1800815v4.doc GP-16 233 Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 7-2.9 Prevailing Wage Indemnity To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor's expense with counsel reasonably acceptable to the City)the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 7-2 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of the Contractor under this Section 7-2.9 shall survive expiration or termination of the Contract. 7-3 LIABILITY INSURANCE The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 7-3 of the Standard Specifications, as modified below. 7-3.1.1 Additional Insureds The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 7-3.1.2 No Limitation on Indemnity The insurance provisions shall not be construed to limit the Contractor's indemnity obligations contained in these Contract Documents. 7-3.1.3 Replacement Insurance The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements. 7-3.1.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under 82000-0016\1800815v4.doc GP-17 2 3 4 the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements may be executed on the City's standard forms titled "Additional Insured Endorsement," copies of which are provided in the Contract Documents, or on any other form that contains substantially the same terms and is approved by the City's Risk Manager. In any case, the endorsements must specifically name the City of Moorpark and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 7-3.1.5 Subcontractors The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor's insurance. 7-4 INDEMNIFICATION The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the Standard Specifications. 7-4.1 Contractor's Duty To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees. 7-4.2 Civil Code Exception Nothing in this Section 7-4 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code 82000-0016\1800815v4.doc GP-1 8 235 Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 7-4.3 Nonwaiver of Rights Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 7-4.4 Waiver of Right of Subrogation. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. - 7-4.5 Survival. The provisions of this Section 7-4 shall survive the term and termination of the Contract, are intended to be as.broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 7-5 PERMITS Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-of-way, and from SCRRA and VCTC, as well as all other permits required from all other agencies. Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all 'cost for fees for all agencies except for the City's permit fees. 7-7 COOPERATION AND COLLATERAL WORK The Contractor shall be responsible for coordinating all Work with the City's street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies' crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 82000-0016\1800815v4.doc GP-19 236 7-8 WORKSITE MAINTENANCE Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the City, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price. The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way or on any section where traffic is restricted at any time. The Contractor shall deliver, handle, and store products in accordance with the manufacturer's written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged,or sensitive to deterioration, theft, and other sources of loss. Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site. All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor. Contractor will be required to follow any additional worksite maintenance conditions placed on it by SCRRA or VCTC. 7-10 SAFETY The provisions below shall supplement but not replace those provisions in Subsection 7-10 of the Standard Specifications. 7-10.2 Haul routes Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows: 82000-0016\1800815v4.doc GP-20 237 The Contractor must obtain the City's approval before using any haul routes. Further detail requirements for haul traffic are delineated in the Special Provisions. 7-10.5.3 Steel Plate Covers The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers. 7-15 RECYCLING OF MATERIALS Subsection 7-15 is hereby added to the Standard Specifications as follows: 7-15.1 Construction and Demolition Ordinance The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all demolition and city-sponsored projects, regardless of cost; new construction projects valued over $500,000; or renovation projects valued over $100,000 to divert a minimum of 65% of material generated during the project from disposal in a landfill (through reuse or recycling). The City has created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist applicants to meet these diversion requirements. You will be required to submit a Diversion Security Deposit of 3% of the project valuation to the City to ensure compliance with the ordinance. The deposit<will.be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for staff time associated with processing your C&D plan will be charged. You have two options to meet this requirement. You may use one of the City's franchised haulers (Waste Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self- haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste you must use proper hauling vehicles and bins owned by your company and those vehicles must be driven by your employees. Please remember that because this project is a prevailing wage project, the driver of the self-haul vehicle will need to be paid a prevailing wage rate for driving the C&D materials to the authorized facility. You will need to submit itemized weigh tickets from each facility documenting your C&D recycling and disposal that indicates the weight and type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid Waste Division and verified prior to final payment release for the job and refund of your C&D diversion security deposit. If diversion requirements are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-6247 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. SECTION 8. FACILITIES FOR AGENCY PERSONNEL The provisions of Section 8 of the Standard Specifications shall apply except as modified herein. No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel. 82000-001611800815v4.doc GP-21 238 SECTION 9. MEASUREMENT AND PAYMENT The provisions below shall supplement but not replace those provisions in Section 9 of the Standard Specifications. 9-1.2 Methods of Measurement The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the City. 9-3 PAYMENT 9-3.1 General In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 9-3.2 Partial and Final Payment 9-3.2.1 Monthly Closure Date and Invoice Date In accordance with Section 9-3.2 of the Standard Specifications, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the City before the tenth (10th) Day of the following month for verification and payment consideration. 9-3.2.2 Payments The City shall make payments within thirty (30) Days after receipt of the Contractor's undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper. 9-3.2.3 Retention The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of completion or cessation, but not longer then the period permitted by Public Contract Code Section 7107. 82000-001611800815v4.doc GP-22 - 239 9-3.2.4 Final Invoice and Payment Whenever the Contractor shall have completely performed the Contract in the opinion of the City, the City shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the City a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City shall check the quantities included therein and shall authorize a payment amount, which in the City's opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents ("Final Payment Amount"). The City shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 9-3.2.5 Substitute Security In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor's expense. If the Contractor selects either one of these alternatives, the following shall control. 9-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor's expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or. under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 82000-001611800815v4.doc GP-23 2 4 0 9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor. 9-3.2.5.3 Subcontractor Entitlement to Interest If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor. 9-3.2.5.4 Securities Eligible for Investment Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. 9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 82000-0016\1800815v4.doc GP-24 2 41 9-4 AUDIT The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 9-4 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions. SECTION 10. ADDITIONAL TERMS 10-1 NONDISCRIMINATORY EMPLOYMENT The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 10-2 NOTICE TO PROCEED Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor's own risk and responsibility, and as a consequence will be subject to rejection. 10-3 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the final acceptance of the Work by the City as defined in Section 6-8.2 of the General Provisions, by written action of the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. 10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost 82000-0016\1800815v4.doc GP-25 2 4 2 of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid. 10-5 REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. 10-6 SOILS ENGINEERING AND TESTING A certified materials testing firm may be retained by the City to perform materials tests during the Contractor's entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. 10-7 ACCESS TO PRIVATE PROPERTY Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 10-8 WORKING DAYS AND HOURS The Contractor shall do all Work between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No Work will be allowed on Sunday or City holidays, which are as follows: (see Appendix VIII). In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours' notice to the City so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that 82000-0016\1800815v4.doc GP-26 2 4 3 pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.)with regard to filing claims and to Public Contract Code Section 20104 et seq. (Article 1.5) regarding the resolution of public works claims of three hundred seventy-five thousand dollars ($375,000) or less. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Article 1.5, and must then adhere to Article 1.5. 10-10 THIRD PARTY CLAIMS The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 10-11 COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 10-12 CONTRACTOR'S REPRESENTATIONS By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor's actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 10-13 CONFLICTS OF INTEREST The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the General Provisions that is or may likely make the Contractor"financially interested," as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 82000-001611800815v4.doc GP-27 2 4 4 10-14 APPLICABLE LAW The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to the Contract shall be in the Ventura County Superior Court. 10-15 TIME Time is of the essence in these Contract Documents. 10-16 INDEPENDENT CONTRACTOR The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or.Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 10-17 CONSTRUCTION In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. 10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 82000-0016\1800815v4.doc GP-28 2 4 5 10-19 TERM The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 10-20 NOTICE Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during the City's regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor's Bid and City Hall, or at such other address as one party may notify the other. 10-21 SEVERABILITY If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract- Documents shall continue in full force and effect. 82000-0016\1800815v4.doc GP-29 2 4 6 SPECIAL PROVISIONS Railroad Right-of-Way Work A portion of the project is located on property owned by the Ventura County Transportation Commission (VCTC), and sits alongside the Southern California Regional Rail Authority (Metrolink) operating corridor. Prior to commencing work on site, contractor shall obtain a Right-Of-Entry Agreement with VCTC (Appendix III), which will also require obtaining a Metrolink Temporary Right-Of-Entry Agreement (SCRRA Form No. 6 — Appendix IV) and Railroad Liability Insurance. Contractor is responsible for coordinating all VCTC and Metrolink right-of-entry requirements and paying all associated costs and fees, including, but not limited to, deposit, administration, plan review, insurance, safety training, signal and communications line locations, flagging and inspection fees. Metrolink instructions, standards and forms are available on the Metrolink website at www.metrolinktrains.com (About Us / Engineering and Construction). VCTC Right-Of-Entry information can be obtained by contacting Ellen Talbo at VCTC at 805-642-1591 or etalb@goventura.org Contractor is responsible for reviewing Appendices 3, 4, 5, and 6 attached, for ALL relevant information, including safety training and insurance requirements for SCRRA and VCTC. Contractor will be required to provide proof that they can obtain a policy of- Railroad Liability Insurance. This WILL BE A SEPARATE POLICY. Traditional Commercial General Liability policies do not contain coverage for railroad liability and often specifically EXCLUDE it. Submission of the bid documents indicates that Contractor has completed all research into the requirements to work within the Railroad Right-of-way and that Contractor's bid costs include all additional costs for special insurance requirements, permitting, safety training etc. as required by Metrolink and VCTC. 82000-0016\1800815v4.doc SP-1 2 4 7 APPENDIX I TECHNICAL SPECIFICATIONS For the Demolition of Structures and Appurtenances at 104 and 192 High Street 1. The City has obtained the services of a licensed laboratory to verify a presence or absence or asbestos containing materials (ACM) on the Property. Based on the licensed laboratories report, the both sites tested positive for a small amount of non-friable ACM. The pre-demolition survey reports are attached to this bid document as Appendix II, with estimated square footage removal amounts for reference. The Contractor is responsible for coordinating the hazardous materials remediation, including applicable permits and noticing requirements with Ventura County Air Pollution Control District (VCAPCD), on the property prior to commencement of demolition work. All ACM must be removed by a licensed asbestos abatement contractor using appropriate controls to prevent fiber emissions during the removal process. All asbestos abatement work must be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC, when required. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure compliance with the EPA's recommended clearance level. If a Contractor proposes to perform this work with their own forces, proof of the Contractor's valid DOSH registration number must be submitted with the bid documents. If the Contractor does not have a valid DOSH registration number for Asbestos removal, a subcontractor must be listed to perform this work. Failure to comply with either of these requirements, may lead to the bid being rejected as non-responsive. 2. Demolish and remove the structures, grain elevators, hardscape, trash, debris, landscaping, shrubs, organic material, large boulders, bricks, blocks, and miscellaneous abandoned items, inside of the property lines at 104 and 192 High Street, including all concrete driveways, walkways, foundations etc. Only the trees noted on the demolition/site plan included are to be removed. All other trees will remain. Contractor is responsible for procuring all permits for this work including those needed from the City of Moorpark Planning Department, Building and Safety Office, City Engineering, Ventura County Air Pollution Control District, Ventura County Transportation Commission and Southern California Regional Rail Authority(Metrolink). 3. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all demolition projects, regardless of cost; to divert a minimum of 65% of material generated during the project from disposal in a landfill (through reuse or recycling). The City has created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist applicants to meet these diversion requirements. You will be required to submit a Diversion Security Deposit of 3% of the project valuation to the City to ensure compliance with the ordinance. The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for staff time associated with processing your C&D plan will be.charged. You have two options to meet this requirement. You may use one of the City's franchised haulers (Waste Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self- haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste you must use proper hauling vehicles and bins owned by your company and those vehicles must be driven by your employees. Please remember that because this project is a prevailing wage project, the driver of the self-haul vehicle will need to be paid a prevailing wage rate for driving the 82000-0016\1 80081 5v4.doc Appendix I 2 4 8 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. 4. Remove all underground electrical conduits, gas lines, waterlines, sewer lines, irrigation lines, and associated lines and all other underground utilities and cap off same two (2) feet from the property line. Capped sewer utility should also be brought to grade. Prior to commencing any demolition work, the Contractor shall contact "Dig Alert" and all serving utilities and make all arrangements necessary to insure that all utilities are properly located, removed and capped at the property line, as required. All necessary fees, permits and requirements of the serving utilities and authorities having jurisdiction will be secured and paid for by the contractor. Contractor will coordinate all utility disconnections and removals necessary to proceed with the work in a timely manner. City Staff can provide a listing of affected utilities upon request. 5. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or cutting are completely secured and properly barricaded to ensure separation of such operations with anybody other than who is authorized to be in construction area before beginning such work. Provide barricades and maintenance thereof, in accordance with applicable Federal, State and local codes and their respective requirements. Install temporary barricades, enclosures and protections before demolition work is started. • 6. Contractor will be responsible for provision of a permanent fence along the south perimeter of the demolition site. The approximate linear footage is 267 feet. Actual site will be field located. The fence will be required to comply with Metrolink Engineering Standards for the welded wire mesh right of way fencing. Engineering Standards are available on the SCRRA website at http://www.metrolinktrains.com/pdfs/EnqineerinqConstruction/EngineeringStandards/ES5000 Ri ghtofWay.pdf 7. Contractor is responsible for provision of water to the site, whether it is through the use of a water meter on a hydrant, a watering truck, or other method. The City of Moorpark falls within Ventura County Waterworks District No. 1, (805) 378-3000 and water meters can be procured through them. 8. During demolition, take all precautions necessary to mitigate blowing dust and dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt migration. Contractor must comply with governing regulations and Ventura County Air Pollution Control District pertaining to environmental protection. Do not use water when it may create hazardous or objectionable conditions such as flooding and pollution. Do not allow demolished material to accumulate on site. Have debris hauled off at regular intervals using appropriate City franchise waste hauler. (See requirements within item 4.) 9. Perform demolition exercising proper care to prevent injury to the public, workmen and adjoining property. Repair or replace existing work scheduled to remain, which is damaged by these operations. Return elements of construction and surfaces to remain to existing condition 82000-0016\1800815v4.doc Appendix I 2 4 9 prior to start of operations. Repair adjacent construction or surfaces soiled or damaged by demolition work. 10. Limit demolition operations to the immediate property on which the work is to be performed, do not infringe upon the adjoining roads or rights-of-way. Keep all access routes and adjoining roads and rights-of-way clean at all times. The tracking of mud, dirt or any other debris onto the adjacent and surrounding roads will not be permitted at any time. If there is debris tracked onto roads, at no time will the use of water be an acceptable clean-up method. 11. Limit noise to a reasonable level as related to specific items of equipment used and their hours of use. This does not preclude use of mechanical equipment, i.e. jack hammers, heavy equipment. 12. No blasting will be permitted and burning of rubbish at the site is not allowed. 13. Site and surrounding areas to be left clean and free of any demolition debris or other unsuitable materials. 14. Except as otherwise specified, in the event the contractor encounters on the project site material reasonably believed to be Asbestos, Polychlorinated biphenyl (PCB) or other hazardous materials which have not been rendered harmless by Contractors remediation efforts as required by this contract, Contractor shall immediately stop work in the affected area and report the condition to the City's Representative in writing. 15. Submit schedule for approval by the City's Representative indicating proposed methods and sequence of operations for demolition work. Include coordination for shutoff, capping and continuation of utility services as required, together with details for dust and noise control protection. Provide detailed sequence of demolition and removal operations. 16. Contractor will provide a competent English-speaking Superintendent to oversee the complete project. The Superintendent shall be present at all times work is being performed. The Superintendent shall have the authority to bind Contractor through Superintendents acts. The Superintendent shall represent the Contractor; communications given to the Superintendent shall be binding on the Contractor. 17. Contractor will be responsible for the security of the site. Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in the performance of this contract and shall be responsible for the protection of the project site until final acceptance by the City. Contractor shall take all necessary precautions for the safety of workers on the project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed and to provide a safe and healthful place of employment. 18. It is Contractor's responsibility to comply with all applicable storm water and urban runoff permits, regulations, codes or laws. Contractor will be responsible for implementing a Stormwater Pollution Control Plan (SWPCP) and completing and maintaining all supporting documentation, as detailed in Appendix V. If there are questions, Contractor may contact the NPDES Coordinator in the Public Works Department at 805-517-6257. 82000-001611800815v4.doc Appendix I 250 a. N g Demolition/Site Plan (not to scale) O 0 xti ° 94 {1I 1. it 4 i, fI iii_ $ 4 I. Ilk �' a �..: . . III on f GI „� ,� ° `. . i1I11 III 105 l j� 1 169 p q97 r`, , 1 in n .° .. III C 4,I,nr,;7M 1 l' : 7 • �,. ' w. T d � r „m , IMIniiii PII'lUu •:.. , II • -':,w�.rmn�, - ,.w,�mm� nun —— . K 'I I i�I Ib10u1 VIVhies,i 4Ml a IM I 1, Ir. Ito 0 b4Hui W I [1:r.'f,,, _ ` .,1 M �4I Nw. r'r II��mIDEMO D , .. P. IMII1 __ CE '011,1,,t'',;',17::::17:7: � u Itl. Vn O- J4 III I I I11111h a„ r CD I 'll I till!, �( n a °�1IIM G!II lb lIPIIh'IIIII1O NA \— ill I Z 11 I. l � (/) aw u wIM '�al ou�"w�l I@id.a �wlWuia ,,,..ii'I 91I MINK p'Iablll Id I nM r HIM„wq w` ..� IG.z ;1 rIIT}1ERN PACIF C'RR w µ H ulM :411 cul IWu 7C--TO".–.RR^� OPERTY ....... .i, ° : 1 I AMM mM �1WNg w MIIIM ; � , . ”. '.-..- . 1m , 1011 + alitlitii , r, _ LIMITS OF WORK IS�IIMlaI �.. 3 =FENCE INSTALLATION 'l i Z I { III 11 mIIII� f ill II 1 ,�y Nl'11,1 n r:IIM�Ii 1 1 � ...4., � �N'h 1 ,q�l u•""""" � =PROTECT N PLACE 1u Iml1 lit u q lull IIVIII IIII I I N�l11611 MryIl1 a 11p11 ISI II w •• IIII �,° a f .,- - magi IIII rp .. I�. ��y�y� �y I it r , 1 IS+ 'a I„' illi ,-w..1. ' •ei• ,-I aIS° 3 I'' ,. 7 „,..1, • 7 milk Ij,IP1570 l w 65 p 87,.,Y” '910'1 I, ` t 167 173 f E A ..: IIII r it 113 777 1,15 101' MM car I �, ——:.. �i� '.I MII i Ii I1 I:.,, II IuII II ' �� .� .�.. �. H7 M � 711 1 IIII 4III • 1 1 I�II�_ illi�I .7 J n ,u �. I IIS' 503 11 I u h I ,r 1 1 1 "' I I pl.�. • r pill I ii �_,,� '1 .' f u J: . :, j, ,'.' ' ,i, I r. . : �R ..190 ` N Ui APPENDIX II PRE-DEMOLITION ASBESTOS AND LEAD SURVEY REPORTS 104 and 192 High Street 82000-0016\1800815v4.doc Appendix II 2 5 2 fC Environmental Consulting Services Asbestos•Mold•Lead•Property Assessment FCG Environmental February 8, 2017 Ms. Jessica Sandifer, Program Manager Parks, Recreation and Community Services Department City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre-Demolition Asbestos & Lead Survey Maria's Restaurant Building 104 East High Street Moorpark, CA 93021 FCG Project Code:City of Moorpark-33 Dear Ms. Sandifer: FCG Environmental (FCG) performed a hazardous materials survey at the above-referenced property, which included asbestos bulk sampling and lead-based paint testing. The investigation was performed on January 10, 2017 by Dana Stephens, a CA Certified Lead Sampling Technician (No. 19714); and Blake Forbess, AHERA-trained Asbestos Building Inspector; and Alan Forbess, a CA Certified Asbestos Consultant(No. 94-1549) and CA Certified Lead Inspector/Assessor(No. 17425). This report documents the findings of our survey, which was conducted to identify proper handling of hazardous materials prior to demolition of the structure. 1.0 Background Information/Scope of Project Background/Site Description:The subject site is developed with a one-story structure that was recently operated as a Mexican restaurant(Maria's). The structure was reportedly built in the 1950-60s, with a main dining area on the northeast side, kitchen, lobby/bar, pantry and small dining area on the west side. The structure totals approximately 2,700 square feet. The building consists of wood-framing on a concrete slab foundation, with painted wood siding or stucco exterior walls, and a flat, built-up roof. Interior finishes include painted drywall walls and ceilings, acoustic ceiling texture, and bare concrete or ceramic tile flooring. FCG was asked to perform a survey of interior and exterior building materials in order to identify hazardous materials concerns in accordance with federal, state and local regulations prior todemolition of the structures. Scope of Project: The following services were conducted in order to define asbestos and lead concerns at the subject site: • A visual inspection of representative interior and exterior building materials was conducted to identify suspect asbestos and lead paint materials. • Bulk samples were collected from representative suspect materials for submittal to a qualified laboratory for asbestos analysis. All bulk samples were analyzed by Forensic Analytical, a state-certified laboratory located in Rancho Dominguez, CA. All samples 1009 Mercer Ave. Tel:805.646.1995 I Fax:805.669.3538 Ojai,CA 93023 Info@fcgenviro.com I www.fcgenviro.com 253 FCG Environmental Pre-Demolition Asbestos & Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 were analyzed by polarized light microscopy(PLM), to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. • A survey for lead-based paint was conducted using an X-Ray Fluorescence (XRF) paint analyzer to screen representative surfaces and materials suspected of being coated with lead-based paint. • All field observations, laboratory analytical data, XRF readings and other findings have been evaluated, with this written report summarizing our findings and providing recommendations as necessary. 2.0 Asbestos Survey Findings Suspect Materials: After a visual inspection at the subject buildings was completed, the following suspect asbestos containing materials were noted: • Acoustic ceiling texture- Large & small dining room areas • Drywall/joint compound-throughout • 12" Vinyl Floor Tile & Mastic-Stock room, kitchen • Roofing layers-Main structure • Exterior stucco • Roofing penetration mastic Bulk Sampling Results: FCG collected 28 bulk samples from suspect asbestos containing materials, which were forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were analyzed by Polarized Light Microscopy(PLM) using EPA Method 600/R-93-116, Visual Area Estimation. Table 1 below provides a summary of those materials which tested positive for asbestos based on laboratory analytical data. Please refer to the Attachments for a complete copy of the laboratory analytical results. Table 1: List of Identified Asbestos Containing Materials AsbeSample Containing Location %tos Ash F t`llityA& ID Material (Chrysc r7e) Condition 9-11 Acoustic Small Dining Room Ceiling Texture=Trace(<1%) Friable, Ceiling Texture (-350 sf) Paint= ND RACM Roofing Patches Category I, 23-25 Roofing Mastics Penetrations& Black Tar Mastic=5% Non-friable (-200 sf) Material Materials Showing a "Trace" of Asbestos: Acoustic ceiling texture materials located within the small dining room showed a "trace" or less than 1% asbestos by standard PLM methodology. Further analysis by a more quantitative method (1,000 Point Count) is currently in progress to quantify the concentration of asbestos in the ceiling texture in this limited area. We will amend this report as soon as the point count results area provided by the laboratory. Materials Testing Negative:The following materials were sampled and tested negative for asbestos: • Acoustic ceiling texture-Large dining room (on east side) - City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 2 2 5 4 FCG Environmental Pre-Demolition Asbestos &Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 • Drywall/joint compound—throughout all areas • 12" Vinyl Floor Tiles—Stock room, kitchen • Roofing layers (felts, tars, composite shingles, etc.)—excludes penetration mastics • Exterior stucco Notes on Tables and Assessment Terms 1) Asbestos containing material (ACM): Federal and County APCD regulations define ACM as any material or product that contains more than 1% asbestos. 2) Asbestos containing construction material(ACCM): State regulations define ACCM as any material with greater than 0.1%asbestos by weight. 3) Asbestos renovation: Defined by NESHAPS as the removal of more than 160 square feet or 260 linear feet of ACM. OSHA requires registration of all contractors removing more than 100 sq. ft. on any project. 4) Friable ACM: any ACM that when dry can be crumbled, pulverized, or reduced to powder by normal hand pressure. 5) Non-friable ACM: any ACM that cannot be reduced to powder by normal hand pressure. 6) Category I non-friable ACM: asbestos-containing packings,gaskets, resilient floor covering, and asphalt roofing products. (typically pliable materials, including sealants and mastics) 7) Category II non-friable ACM: any other ACM that when dry cannot be reduced to powder by hand pressure. (typically non-pliable/cementitious materials) 8) Regulated Asbestos Containing Material(RACM): any friable ACM that will be removed during a renovation of a regulated structure. ACM that will become friable due to the removal technique is also regulated. Note: while linoleum flooring is considered Category II ACM while managed in place, removal always renders it friable. 9) Presumed Asbestos Containing Materials(PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite(asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc.where destructive testing is not recommended. Regulations allow asbestos inspectors to"presume"that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. 10) Trace(<1%)Asbestos: Federal and local APCD regulations define an asbestos containing material(ACM)as any compound with greater than 1%asbestos. The State of California through Cal-OSHA regulation further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1% asbestos by weight. This definition is primarily for worker and occupant protection during disturbance work.The polarized light microscopy(PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1%. Furthermore, PLM methodology will include all fibers with a similar aspect ratio(3:1)to asbestos fibers, and therefore may count non-asbestos fibers as part of the overall total. PLM analytical methods must report a"trace"amount where fibers are noted in concentrations of less than 1% of the total. Further analysis by more quantitative methods such as"Point Count"or transmission electron microscopy(TEM)are required to quantify the actual concentration of asbestos in"trace" PLM sample results. Summary: Our survey has identified Asbestos Containing Materials (ACM) at the site which may require abatement or special handling as part of proposed demolition activities. Please see the Conclusions & Recommendations(Section 4.0) below for further discussion regarding the abatement and proper handling of asbestos containing materials. City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 3 255 FCG Environmental Pre-Demolition Asbestos & Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 3.0 Lead-Based Paint Survey Findings FCG was contracted to perform field testing to determine the presence of lead-based paint or lead components at the subject site. A visual inspection of the site interiors and exteriors was conducted to identify areas of suspect lead based paint or coatings. Screening for lead was conducted in the field using XRF methodology in accordance with current state and federal regulations. All field work was conducted by a Certified Lead Sampling Technician. The results of this survey will be used by contracting personnel to determine appropriate lead safe work practices prior to demolition activities. Background Information on Lead Paint Requirements: Several regulations apply to the disturbance and possible exposure to lead from paints and other coatings. Title 17 of the California Code of Regulations(CCR) applies to residences and buildings accessible to the public that were constructed prior to 1979, and schools constructed before 1993 where lead paint may exist. Cal-OSHA regulations found within Title 8 of the CCR apply to worker exposure as stated in the Lead-in-Construction Standard (8-CCR-1532.1).The EPA issued a final rule to address lead-based paint hazards created by renovation, repair and painting activities that disturb lead-based paint in target housing and child-occupied facilities. The EPA's Lead Renovation, Repair and Painting (RRP) Program was passed into regulation requiring compliance with training and certification requirements per Title 40 of the Code of Federal Regulations (40 CFR Part 745). The RRP rule states that firms and individuals conducting renovations of target housing constructed before 1978 must assume that lead is present in all painted surfaces or coatings unless a written determination has been made by a Certified Inspector that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight. Scope of Lead Testing Services: FCG's scope of services involved field testing through use of X-ray fluorescence (XRF) instrumentation, which provides instantaneous readings in the field. The XRF instrument is used because of its demonstrated abilities to accurately determine the amount of lead that is present without disturbing the painted surfaces, as well as their high speed and relatively low cost per sample. The XRF device is capable of measuring lead in both deteriorated and intact paint. See the Attachments to this report for more information on XRF sampling methodology. Inspection Results: Per EPA and California regulations, paint or coatings are considered to be lead-based at concentrations at or above 1.0 milligram per square centimeter(mg/cm2) using XRF technology. FCG tested representative surfaces throughout the subject site. Calibration tests were performed at the beginning of the survey and again at the end of the survey to document that the equipment was working properly. Summary: A lead paint inspection has been completed at the subject site to define lead paint and lead-based coatings prior to exterior renovation work. Based on the results of our survey using XRF testing methodology, we conclude the following: • None of the painted surfaces or coatings tested as part of our survey were found to contain lead at concentrations above the regulatory level of 1.0 mg/cm2. Based on these findings, no Lead-Based Paint was found at the site. City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 4 256 FCG Environmental Pre-Demolition Asbestos &Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 Please refer to the attached data table for a summary of XRF readings collected from the site. The A side noted in the table is the front (street side) of the subject site and the B, C and D sides continuing in a clockwise direction around the site. 4.0 Conclusions &Recommendations An asbestos and lead-based paint survey of the site has been completed per the terms of our agreement to define hazardous materials issues prior to future demolition activities. Based on our visual observations and our evaluation of analytical data, we conclude the following: Asbestos: 1) Identified ACM:The following Asbestos Containing Materials (ACM) contain greater than 1% asbestos and are regulated under current federal, state and local regulations: o Roofing penetration/patching mastic: Black mastic is found at roofing penetrations (pipes, vents, etc.) and in random areas for patching purposes. Roofing mastic is considered a Class I, non-friable material. There is an estimated quantity of approximately 200 sq.ft. of mastic on the roof. 2) Trace Asbestos Materials:The following materials contain a "trace" or<1% asbestos and may be managed as an Asbestos Containing Construction Material (ACCM) under Cal/OSHA requirements unless more quantitative testing is conducted to determine the actual concentration of asbestos: o Acoustic ceiling texture:This material is found in the small dining room located on the west side of the restaurant. This is a friable material that is currently being further analyzed by more quantitative methods (1,000 Point Count) to determine the proper handling requirements. Regulated Asbestos Containing Material (RACM), of which there is approximately 350 sq. ft. Trace materials must be managed as asbestos containing until further analysis by more quantitative methods is conducted to quantify the actual concentration of asbestos by weight. If less than 0.1% total asbestos by weight is found,this material may be demolished in place with normal dust controls and with no disposal restrictions. However, if this material shows an asbestos concentration greater than 0.1% by weight, then the work must be conducted by trained asbestos workers. Waste with less than 1% total asbestos may be disposed to a normal landfill. 3) All identified asbestos containing materials (ACM) that will be disturbed as part of demolition activities must be handled in accordance with applicable federal, state and local regulations. Disturbance activities should be performed only by properly trained abatement contractors using appropriate controls to prevent fiber emissions during the removal process. This may include the use of wet methods(water mist), negative pressure containment, HEPA filtration and other engineering controls to keep fibers from being dispersed in accordance with current federal, state and local regulations. 4) Workers performing removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, etc. Engineering controls must be in place. Disturbance of greater than 100 sq. ft. of any ACM or ACCM City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 5 257 FCG Environmental Pre-Demolition Asbestos &Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 must be performed by trained and licensed asbestos contractors that are currently registered with the Dept. of Occupational Safety& Health (DOSH or Cal/OSHA). 5) Asbestos containing waste materials must be properly contained and transported for off- site disposal at a permitted landfill or disposal facility. Friable asbestos with greater than 1% asbestos content is considered hazardous waste per current federal and state regulations and must be transported and disposed using proper manifesting documentation. Non-friable asbestos is categorized as non-hazardous, asbestos- containing waste and can typically be disposed to the local Class III landfill with prior approval. As noted previously, materials with <1% total asbestos can be disposed of as construction debris. 6) The local enforcement agency for asbestos removal projects in this area is the Ventura County Air Pollution Control District(APCD). They require notification for removal of friable, regulated asbestos containing materials in quantities which exceed 100 square feet or 160 linear feet. Regardless of the quantities found, the survey report should be submitted for their review along with any required documentation or notifications for their review and approval. They also require notification for all demolition projects, including projects where a load-bearing wall is removed. Additional permit requirements may apply from the local Building Department. We recommend that you contact the local APCD and appropriate agencies directly for further information regarding permitting and regulatory requirements. 7) The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. Proper removal techniques must be followed to prevent the • dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and/or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at(805) 646-1995. Lead: 1) None of the interior or exterior painted surfaces were found to contain lead at the regulated level of 1.0 mg/cm2. Therefore, no lead paint was identified on surfaces testing as part of our survey. 2) A limited number of painted surfaces showed detectable levels of lead at concentrations below the regulated threshold of 1.0 mg/cm2. These surfaces are not regulated as lead- based paint but may include worker protection requirements per OSHA regulations found in Title 29 of the Code of Federal Regulations and Title 8 of the California Code of Regulations. It is the employer's responsibility to document worker exposure to lead per OSHA regulations and conduct negative exposure monitoring as necessary. General Recommendations: • As our survey was limited to readily accessible areas, there is potential that suspect materials previously unidentified could be discovered during site demolition work. This could include suspect materials located inside walls, under floors, above ceilings, etc. If suspect materials are found during site work, the area should be isolated and any City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 6 258 FCG Environmental Pre-Demolition Asbestos & Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 suspect materials tested to confirm or deny the presence of asbestos, lead or other hazards. • Demolition contractors should properly manage all electronic or universal waste, including but not limited to: fluorescent light fixtures, light tubes, lamps, batteries, electronic switches, transformers, computers or other equipment where heavy metals, PCBs, hydrocarbons or other materials that may be restricted from landfills or require special handling or disposal. Please visit the California DTSC's website (www.dtsc.ca.00v) and search for the "Universal Waste Fact Sheet"for additional information. City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 7 259 FCG Environmental Pre-Demolition Asbestos & Lead Survey January 23, 2017 104 E. High Street Moorpark, CA 93021 Limitations Statement The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The presence or absence of lead-based paint or lead-based paint hazards applies only to the tested or assessed surfaces on the date of the field visit. It should be understood that conditions noted within this report were accurate at the time of the inspection and in no way reflect the conditions at the property after the date of the inspection. All data collection, findings, conclusions and recommendations presented by FCG within this report are based upon limited data using current standard practices accepted within the industry. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected duringthis assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third party. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. FCG Environmental Prepared by: Prepared and Reviewed by: Dana Stephens, Staff Professional Alan Forbess, Principal Consultant Certified Lead Sampling Technician #19714 Certified Lead Inspector/Assessor#17425 CA Certified Asbestos Consultant#94-1549 Attachments: 1 - Forensic Analytical Results& Bulk Sampling Log (Asbestos) 2 -XRF Field Readings and XRF Sampling Methodology(Lead Paint) 3 - FCG Inspector Certifications City of Moorpark-33, 104 E.High St.,Maria's Restaurant,Asb&Lead Survey.doc 8- 260 Attachment 1 Laboratory Analytical Results for Asbestos Bulk Samples Bulk Sample Log Sheets/Chain-of-Custody 261 Forensic Analytical0 Final Report LABORATORIES Bulk Asbestos Analysis (EPA Method 600/R-93-116, Visual Area Estimation) FCG Environmental Client ID: 7238 Alan Forbess Report Number: B233371 1009 Mercer Avenue Date Received: 01/12/17 Date Analyzed: 01/12/17 Ojai,CA 93023 Date Printed: 01/12/17 First Reported: 01/12/17 Job ID/Site: City of Moorpark-33; 104 High St.,Moorpark,Closed down Mexican Restaurant FALI Job ID: 7238 Total Samples Submitted: 28 Date(s)Collected: 01/10/2017 Total Samples Analyzed: 28 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 51035844 Layer: Off-White Semi-Fibrous Material Ni) Layer: Paint ND Total Composite Values of Fibrous its: Asbestos(ND) Cellulose(Trace) - 2 51035845 Layer: Off-White Semi-Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous ConvenentK Asbestos{ND) Cellulose(Trace) 3 51035846 Layer: Off-White Semi-Fibrous Material ND Layer: Paint ND Total Vidues.o Farms (ND) Cellulose(Trace) 4 51035847 Layer: Drywall Backing ND Layer: Off-White Skimcoat/Joint Compound NI) Layer: Paint ND Layer: Off-White Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(Ni)) Cellulose(2%) 5 51035848 Layer: White Drywall ND Layer: Beige Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) Fibrous Glass(2%) 1of5262 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax (310)763-8684 Report Number: B233371 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 6 51035849 Layer: White Drywall ND Layer: Grey Plaster ND Layer: White Plaster ND Layer: Beige Skimcoat/Joint Compound ND Layer: Off-White Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) Fibrous Glass(2%) 7 51035850 Layer: White Drywall ND Layer: Off-White Skimcoat/Joint Compound ND Layer: Paint ND Total Campsite Values of Fibrous Components: Asbestos(ND) Cellu los(5`/.) Fibrous Glass(2%) 8 51035851 Layer: White Drywall Ni) Layer: Off-White Skimcoat/Joint Compound ND Layer: Paint ND Layer: Off-White Mastic ND Layer: Brown Non-Fibrous Material ND Layer: Paint ND Taal Oamposite Values of Fibrous' Asbestos(ND) Ceilidesse ) Fiiroirs Glassav 9 51035852 Layer: Off-White Plaster Chrysotile Trace Layer: Paint ND Total-Composite Values of Fibrous Components: Asbestos(Trate) Cellulase(Trace) Comment This comment applies to the Off-White Plaster only: Insufficient material for additional analyses. 10 51035853 Layer: Off-White Plaster Chrysotile Trace Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(Trace) Com This cwt applies to the Off-White Plaster only: Insufficient lent material for additional analyses. 11 51035854 Layer: Off-White Plaster Chrysotile Trace Layer: Paint NI) Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(Trace) Comment This comment applies to the Of White Plaster only: Insufficient material for additional analyses. 2 of 52 6 3 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Report Number: B233371 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 12 51035855 Layer: Beige Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 13 51035856 Layer: Beige Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components Asbestos(ND) Cellulose(Trace) 14 51035857 Layer: White Drywall ND Layer: Off-White Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values ofFibnsis Cuts: Asbestos(ND) Cellulose(20%) Fiibructs Glass(2%) 15 51035858 Layer: Off-White Tile ND Layer: Tan Mastic with Debris ND Layer: Orange Tile ND Layer: Grey Non-Fibrous Material ND TataIC Values Asbestos(ND) Celkda.. O 16 51035859 Layer: Off-White Tile ND Layer: Tan Mastic with Debris ND Layer: Orange Tile ND Layer: Grey Non-Fibrous Material ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 17 51035860 Layer: Off-White Tile ND Layer: Tan Mastic with Debris ND Layer: Orange Tile ND Layer: Grey Non-Fibrous Material ND Total:Comte Values of FThrous Components: Asbestos(ND) Cellulose(Trace) 3 of 5264 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221 /Telephone:(310)763-2374 (888)813-9417/Fax(310)763-8684 Report Number: B233371 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 18 51035861 Layer: Off-White Drywall ND Layer: Off-White Plaster ND Layer: Beige Plaster ND Layer: White Non-Fibrous Material ND Layer: Paint Ni) Layer: Off-White Skimcoat/Joint Compound ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(5%) 19 51035862 Layer: Grey Cementitious Material ND Layer: Off-White Skimcoat/Joint Compound ND Layer: Dark Grey Cementitious Material ND Layer: Paint ND Total Qinposite Values of Fibrous:Com: Asbestos(ND) Cellulose(Trace) 20 51035863 Layer: 2 White Roof Shingles ND Layer: Black Felt ND Layer: Tan Fibrous Material ND Total Ctssmposte Values offs Asbestos(ND) C (5%) FilrwsGlass(10 4 ) 21 51035864 Layer: 3 White Roof Shingles ND Layer: Black Felt ND Total Conicoake Values ofFA3rous k - iv ,`* Cellulose(Trace) Fibrous Glass(5°A) Synthetic(35'x). 22 51035865 Layer: 2 White Roof Shingles ND Layer: Black Felt ND Layer: Tan Fibrous Material ND Total Composite Values of Fibrous Cants: Asbestos(ND) Cellulose(5%) Fibrous Glass(10%) Synthetic(30%) 23 51035866 Layer: White Cementitious Material ND Layer: Paint ND Layer: White Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 4 of 5265 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Report Number: B233371 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 24 51035867 Layer: White Cementitious Material ND Layer: Paint ND Layer: White Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 25 51035868 Layer: White Cementitious Material ND Layer: Paints ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 26 51035869 Layer: Black Semi-Fibrous Tar Chrysotile 5% Total Composite Values of Fibrous Components: Ams(5%) Cellulose(Trace) 27 51035870 Layer: Black Semi-Fibrous Tar Chrysotile 5 Total Composite Values of Fibrous Components: Asbestos(5%) Cellulose(Trace) 28 51035871 Layer: Black Semi-Fibrous Tar Chrysotile 5% Total Composite Values of Fibrous Components: Asbestos(5%) Cellulose(Trace) %Ire 0 Tiffani Ludd,Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification('LOQ')= 1%. 'Trace'denotes the presence of asbestos below the LOQ. 'ND'='None Detected'. Analytical results and reports are generated by Forensic Analytical Laboratories Inc.(FALL)at the request of and for the exclusive use of the person or entity(client)named on such report.Results,reports or copies of same will not be released by FALL to any third party without prior written request from client.This report applies only to the sample(s)tested. Supporting laboratory documentation is available upon request.This report must not be reproduced except in full,unless approved by FALL.The client is solely responsible for the use and interpretation of test results and reports requested from FALL. Forensic Analytical Laboratories Inc. is not able to assess the degree of hazard resulting from materials analyzed.FALI reserves the right to dispose of all samples after a period of thirty(30)days,according to all state and federal guidelines,unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 5 of 5266 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Forensic Analytical Laboratories, Inc. Analysis Request Form (COC) • Client No.: 7238 PO(l1 y� a Date: J FCG Environmental �%1 rY ci c • tte �k••S3 / -/0 - /7 (Forbess Consulting Group, Inc-) Turn Around Ti Same D 1 Day: 2Dayi/3Day i/413--ay / SDy: 1009 Mercer Avenue CI PCM:D NIOSH 7400A /El NIOSH 74005 la Rotometer Ojai,CA 93023 111 PLM: B Standard /E7 Point Coun 400, 1000 i/(C]CARE 435 • Contact: . 0 TEM Air,aAI#RA/D Yamate2 /D NIOSH 7402 Alan Forbess,Bill Miller D TEM Bulk:In Quantitative I P7 Qualitative / a Chatfield Phone: g 05 646 1995 Fax: 805 fifi9-3538 0 TEM Water:13 Potable /a Non-Potable /D Weight Y (805) (805) I3 TEM Microvac:QQual(+/-) /Il 057551str/area) /a D5756(str/mass) E-mail: c IAQ Particle identification(PLM LAB) o PLM Opaques/Soot aforbess@fcgenviro.com, bmiiler@fcgenviro.com Ex Particle Identification ITEM LAB/ ❑Special Project Site: y f b'1 Metals Analysis: Method: t 17 H 1 L ,y s i l ft.LcJ4 4.4-lc Matrix: Site Location- C 1r01r be w MU F Analytes: Comments: Report Via: EI Fax O E-Mail Q Verbal FOR AIR SAMPLES ONLY Sample Sample ID Date/ Sample Location I Description Area/ Time 1 Time Avg. Total Air I p Type Ort/Off LPM Time Volume ��C a T"_a ,L I o, A IA IX ca I(C.5 1 — 2-gc --.____ Ltki • tc: ? fA zr A' 1 11 Cc; • ' I A' Sampled By: ed.KC Pieties S Date: I_1O_ 17 Time: 2:3 o? .%. Shipped Via: CI Fed Ex 0 HL c UPS I7 US Mail a Courier ICI Drop Off D Other: Relinquished By:'-� Relinquished By: Relinquished By: Date/Time: •fid Date/Time: Date/Time: i-u- 17 q2,44 Receiv Received By: Received By: Date/ i 0 Date/Time: Date/Time: AIP , a- P- /0 07...---' + Condit: ccept71 Yes IQ No _ Condition Acceptable? 0 Yes D No Condition Acceptable?0 Yes Q No San Francisco Office:3777 Depot Road,Suite 409,Hayward,California 94545-2761/Ph:1510)887-8828•(800)827-3274/Fax:15101887-4218 Los Angeles Office:2959 Pacific Commerce Drive,Rancho Dominguez,California 90221/Ph:(310)763-2374•(888)813-9417/Fax:(310)763-8684 Las Vegas Office:6765 S.Eastern Avenue,Suite 3,Las Vegas,Nevada 89119/Ph:(702)784-0040/Fak:(702)784-0030 267 FCG Environmental Asbestos Bulk Sampling Field Log Date: /. /C/ - j7 Friable: Friability Codes: N=Non-friable; F=Friable Client: - Cond: Condition Codes:G=Good; F=Fair; P=Poor Site: l0' y/f hic; //700;r•—•1 Project: / - _.3 3 NA=Not Analyzed . Inspector(s): =4ND=Detected Area/Unit:Ark(,eeftwi,.1 N=Negative » ...34:) .C:.1°.-.a.J.l14: !. :.ti ,..4..;.,.;.,. !III_l•....f .;.._I._.'L..s:,t_I.ai:4.19a..! ,....Jlil.) 4.111JJ.7.'.ls;.. - / + 34.g., at 7a/we, Late ant eo64,,- Zt 2 ' y�S`P s4) 3 st . t , ,t tf 8c v s.up-b;7 Alf X 4 nevi) R 6;40.s' (zc cc) . g , mm's fin-- „3 9 . - 4 dk Cet Tot $m a D.)n 64., izx ze' 3rj r-f) a /1 \I, , . / /-.- __5 N co FCC Environmental Asbestos Bulk Sampling Field Log Date: AMIINVAIIIIIIMIIMII Friable: Friability Codes: N=-Non-friable; F=Friable EMZEIRTiIV . , _ Cond:Condition Codes: G=Goad; F=Fair; P=Poor Pro'ect: Art _,,,aC'3 NA=Not Analyzed Ins•ecto s;/.''Aigni ND=Detected war 7 weirri : N=Negative Cr 't. i j. 1 1 � II �, ,♦ �. `1f ,1 , i_31`7 !.i1f ' !.1 11 1 .,:_S;a J,: �•.t. .�.4..I.::i'a�.�-:'- J✓.�i .. ,._ Al.e s._... ,,L:r.i:J-: :i'. rte. � .."..��::.:7.....:2 .. ......J..a3,.n .._!.•l.' I,,.Nl. t2 Orpt/ka tjiA1 64t 62 Gl►'! . 13 It 11 /1 . 7J it It Il (Ji , _j5- /z'' ►Fr dc-12 - i' 12420' (4 ii 17- N Ni I 5 Prywol Olg ?,.krbi4fr, /*My, 1e �( It g ZO •/ �teDirg t L f 7/74(/',/ 6' (7/4) _ Z ft t _ 22 le k ' 3 N FCG Environmental Asbestos Bulk Sampling Field Log Date: ACIAIF.1111111111� - Friable: Friability Codes: N=Non-friable; F=Friable 1 _ / r. 111 Cond: Condition Codes: G=Good; F=Fair, P=Poor Project: j wiro"Fr . NA=Not Analyzed . Inspector(s ,jnt �et. ND=Detected Area/Unit: -"AV:R /, N=Negative i.:1, ,,::,1,'. •.:.a.JLll j . ! : 411:),:«! ::r•..Lt...A1. ._..11::'' :l r.:..!L..,'.1:.11 iiL.;:1..J::-_ .'_t.1.,..11! .:n"./.Sl.U�.I.I.d 2 3 EXt S`yet few ch4, Al G' 21 - ();i4eisel - . 25 -N.,/ 1 i CC". It mztsTc 3" F` p-°4— A/ 7-7— 2t gb64 c.-ic..1.". 1 t• et- 3 N J O Attachment 2 XRF Field Readings from Lead Based Paint Survey XRF Sampling Methodology 271 XRF Lead Table 104 E. High Street Moorpark,CA 93021 WALL WOOD A INTACT BEIGE OUTSIDE Negative 0 DOOR CASE WOOD A INTACT GREEN OUTSIDE Negative 0 WINDOW CASE WOOD A INTACT GREEN OUTSIDE Negative 0 FACADE WOOD A INTACT BEIGE OUTSIDE Negative 0 SIDING WOOD A INTACT GREEN OUTSIDE Negative 0 SIDING WOOD D INTACT BEIGE OUTSIDE Negative 0 BEAM WOOD D INTACT BEIGE OUTSIDE Negative 0 FASCIA WOOD D INTACT GREEN OUTSIDE Negative 0 WALL CONCRETE C INTACT GREEN OUTSIDE Negative 0 DOOR METAL C INTACT GREEN OUTSIDE Negative 0.01 DOOR CASE WOOD C INTACT BEIGE OUTSIDE Negative 0.01 WALL CONCRETE B INTACT BEIGE OUTSIDE Negative 0 WALL DRYWALL A INTACT RED ENTRY Negative 0 WALL DRYWALL B INTACT ORANGE ENTRY Negative 0 CEILING DRYWALL B INTACT WHITE ENTRY Negative 0 COUNTER TILE CERAMIC B INTACT WHITE ENTRY Negative 0.07 FLOORBTILE CERAMIC B INTACT WHITE ENTRY Negative 0.07 WALL DRYWALL B INTACT BEIGE DINING Negative 0 WALL DRYWALL C INTACT RED DINING Negative 0 WALL tile ceramic C INTACT TAN BATHROOM 1 Negative 0.01 WALL PLASTER C INTACT TAN BATHROOM 1 Negative 0.02 toilet porcelain A INTACT TAN BATHROOM 2 Negative 0.01 CEILING DRYWALL A INTACT TAN BATHROOM 2 Negative 0.04 WALL DRYWALL C INTACT PINK rear storage Negative 0 BASEBOARD ceramic A INTACT BROWN rear storage Negative 0.01 DOORway WOOD B INTACT RED rear storage Negative 0 WALL WOOD B INTACT RED bar back Negative 0 DOORway WOOD B INTACT RED bar back Negative 0 DOORway WOOD B INTACT GREEN bar back Negative 0 WALL brick B INTACT RED storage rm Negative 0 CALIBRATE Positive 1.1 CALIBRATE Positive 1.1 CALIBRATE Positive 1 272 XRF Sampling Methodology: All inspections include a visual inspection of site surfaces to identify painted components and general site conditions. Field testing is performed by a CA Certified Lead Inspector/Assessor using a Niton X-Ray fluorescence (XRF) lead paint analyzer. The XRF sampling method uses a field instrument (X-Ray Fluorescence or XRF gun)to characterize suspect painted surfaces and components. XRF equipment is used to sample materials suspected of being coated with lead-based paint and lead-containing materials by "reading"the suspect materials through direct contact. The advantage of this method is that it provides instantaneous results and is a non-destructive method which allows for the collection of as many samples as time allows for the daily cost of the instrument. This survey method can also identify lead in ceramic tiles, porcelain or other suspect building materials. The survey attempts to define the extent of LBP and estimate quantities where possible. Paint is determined positive using the CA Dept. of Health Services criteria of 1.0 milligrams per square centimeter(mg/cm2). During the survey, the front or main side of the building is typically designated as the"A" side, with the remaining sides designated as "B", "C" and "D"continuing in a clockwise manner. Where appropriate, a field sketch or plot plan is provided. Instrument Calibration: The calibration of the Niton XLP 300A X-Ray fluorescence (XRF) instrument is done in accordance with the Performance Characteristic Sheet(PCS)for this instrument. These XRF instruments are calibrated using a calibration standard block of known lead content. Three calibration readings are taken before and after each property is tested to insure manufacturer's standards are met. If the inspection is longer than 4 hours, a set of 3 calibration readings must be taken before the 4 hours expires, and then an additional 3 calibration readings taken at the end of the inspection. If for any reason the instruments are not maintaining a consistent calibration reading within the manufacturer's standards for performance on the calibration block supplied by the manufacturer, manufacturer's recommendations are used to bring the instrument into calibration. If the instrument cannot be brought back into calibration, it is taken off the site and sent back to the manufacturer for repair and/or re-calibration. Inspector Training and Qualifications: All inspectors utilized by FCG are Certified Lead Inspectors/Assessors, having obtained certification through the California Department of Public Health (CDPH). All inspectors have taken a State-certified 40-hour Inspector/Assessor course and passed the State Inspector/Assessor Exam. All FCG field personnel have also been trained in the use, calibration and maintenance of the X-Ray Fluorescence (XRF) equipment they currently use, along with necessary principles of radiation safety through a training program provided by the manufacturer. Equipment Information:The field instrument used on this project was a Niton Model XLP 300A X-Ray fluorescence (XRF) lead paint analyzer(Serial No. 10106). The Niton instrument uses a high performance, electrically-cooled, solid-state detector optimized for lead (Pb) analysis using L-shell and K-shell x-ray detection. This instrument allows for XRF spectrum analysis in the field with automatic Positive/Negative decision and automatic corrections for substrate bias and age of source. All negative classifications in all paint-test modes are verified by negative K-shell x-ray readings. Please see Attachment 2 for a copy of the Performance Characteristic Sheet provided by Niton for the XLp 300A instrument. This document contains detailed information regarding the XRF instrument calibration, inconclusive range or thresholds for various substrates, operating parameters and other information. For more information on the Niton Model XLP 300A instrument, please visit the following website: www.thermo.com/niton 273 Attachment 3 FCG Inspector Certifications 274 Alan W. Forbess, Certifications State of California Division of Occupational Safety and Health Certified Asbestos Consultant Alan Wayne Forbess- ;, _ -- name - Certification NO 94-.1549 Expires on_01! 2L18 - This certification was,ssued iiy tho.Division of -_ Occupational Safety and Health as authorized ' by Sections 7180 et'teq:of the Business and r Professions Cade. State of California Department of Public Health 1Ins pectoriAssessor 06/1812017 Ptject Monitor 06!18(2017 ,.t- Aian W. Forbess ID #: 17425 #0y foe ACCRED j d c'0 gA ALAN W. FORBESS of 1.1 ACMC % (. BOARD CERTIFIED O, #08o4o5i +,itr Exp. 6/30/2018 �lc� Goo 17Ved Microbe 275 . i, ,, , , State of 'California Depat-r' n-1, , er-1 t r, , f Public Health t ' ...... ,,,„ . iii a ertifit.. t - ir,-, Sampling Technician 0212112017 ! - „: , ''': !' •.. ;.1 ,1. ,If!, ' hit , . , , .. . .. „ ,„„,,,,,„,,, , ' ... . .... . _ Dana . Stephens ,I 4 14 N.) CA fC Environmental Consulting Services Asbestos•Mold•Lead•Property Assessment FCG Environmental February 7, 2017 Ms. Jessica Sandifer, Program Manager Parks, Recreation and Community Services Department City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre-Demolition Asbestos &Lead Paint Survey Old Granary Building and Grain Elevator Façade Building 192 East High Street Moorpark, CA 93021 FCG Project Code:City of Moorpark-32 Dear Ms. Sandifer: FCG Environmental (FCG) performed a hazardous materials survey at the above-referenced property, which included asbestos bulk sampling and lead-based paint testing. The investigation was performed on January 10, 2017 by Dana Stephens, a CA Certified Lead Sampling Technician (No. 19714); and Blake Forbess, AHERA Building Inspector; under the supervision of Alan Forbess, a CA Certified Asbestos Consultant(No. 94-1549) and CA Certified Lead Inspector/Assessor(No. 17425). This report documents the findings of our survey, which was conducted to identify proper handling and disposal of hazardous building materials prior to demolition activities. 1.0 Background Information/Scope of Project Background/Site Description:The subject site includes a wooden granary building on the south side of the property adjacent to the railroad line and a grain elevator façade building located on the north or street side of the property. The façade building was reportedly erected the 1970's to cover the older Granary Building, which is much older. The two structures are steel and wood-framed on concrete slab foundations, with wood siding and pitched roofs covered by composite shingles. Much of the interior areas are unfinished with exposed wood framing, with interior walls in the façade building including areas of painted drywall. Flooring is predominantly concrete, with limited areas of vinyl floor tile noted. FCG was asked to perform a survey of interior and exterior building materials to identify hazardous materials concerns in accordance with federal, state and local regulations prior to demolition of the structures. Scope of Project: The following services were conducted to define asbestos and lead concerns at the subject site: • A visual inspection of representative interior and exterior building materials at each building was conducted to identify suspect asbestos and lead paint materials. 1009 Mercer Ave. Tel:805.646.1995 I Fax:805.669.3538 Ojai,CA 93023 Info@fcgenviro.com I www.fcgenviro.com 277 FCG Environmental Pre-Demolition Asbestos &Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 • Bulk samples were collected from representative suspect materials for submittal to a qualified laboratory for asbestos analysis. All bulk samples were analyzed by Forensic Analytical, a state-certified laboratory located in Rancho Dominguez, CA. All samples were analyzed by polarized light microscopy (PLM), to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. • Screening for lead-based paint was conducted using an X-Ray Fluorescence (XRF) paint analyzer to test representative surfaces and materials in the field suspected of being coated with lead-based paint. • All field observations, laboratory analytical data, XRF readings and other findings have been evaluated, with this written report summarizing our findings and providing recommendations as necessary. 2.0 Asbestos Survey Findings Suspect Materials: After a visual inspection at the subject buildings was completed, the following suspect asbestos containing materials were noted: North Facade Building • 12"white vinyl floor tile (VFT)—front office • Black felt paper(moisture membrane)—throughout • Drywall with joint compound —throughout • Tank mastic—2nd level, yellow grain hopper • Roofing layers (felts, tar, shingles, etc.)—2nd level, interior roof • Roofing layers—Main roof(west side) South Granary Building • 12" brown Vinyl Floor Tile& mastic—office area • Sealant/mastics—metal silos • Roofing penetration mastics • Roofing layers (felts, tars, shingles,etc.) Bulk Sampling Results: FCG collected 31 bulk samples from suspect asbestos containing materials, which were forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were analyzed by Polarized Light Microscopy(PLM) using EPA Method 600/R-93-116, Visual Area Estimation. Table 1 below provides a summary of those materials which tested positive for asbestos based on laboratory analytical data. Please refer to the Attachments for a complete copy of the laboratory analytical results. City of Moorpark-32, 192 High St.Old Granary,Asb&Lead Survey.doc 2 278 FCG Environmental Pre-Demolition Asbestos & Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 Table 1: List of Identified Asbestos Containing Materials Sample C�onin,ni g Location % Asbestos Friability & ID (approx.quantity) (Chrysotile) Condition Material North Facade Buildarg Black Mastic Category I, Front Office Off-White VFT = ND 1 -3 (Under Off-white Non-friable VFT) (-160 sf) Black Mastic=3% Material N Building 2"d Level Grey Roof Shingle = ND Category I, 14 16 Roofing Layers Interior Roof Black Tar Layer=3% Non friable Material (-1,000 sf) South Granary Burkalrg Roofing Roofing ° Category I, 23 -25 Penetration Penetrations Black Tar Mastic =5/° Non-friable Mastic (<100 sf) Green Roof Shingle = ND Material Materials Testing Negative: The following materials were sampled and tested negative for asbestos: North Facade Building • Black felt paper-throughout • Drywall/joint compound-throughout • Tank mastic-2nd level, yellow hopper • Roofing layers - Main roof system (upper roof not accessible) South Granary Building • 12" brown Vinyl Floor Tile & mastic- office • Sealant/mastics-metal silos • Roofing layers on main roofing Notes on Tables and Assessment Terms 1) Asbestos containing material (ACM): Federal and County APCD regulations define ACM as any material or product that contains more than 1% asbestos. 2) Asbestos containing construction material (ACCM): State regulations define ACCM as any material with greater than 0.1%asbestos by weight. 3) Asbestos renovation: Defined by NESHAPS as the removal of more than 160 square feet or 260 linear feet of ACM. OSHA requires registration of all contractors removing more than 100 sq. ft. on any project. 4) Friable ACM: any ACM that when dry can be crumbled, pulverized, or reduced to powder by normal hand pressure. 5) Non-friable ACM: any ACM that cannot be reduced to powder by normal hand pressure. 6) Category I non-friable ACM: asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products. (typically pliable materials, including sealants and mastics) 7) Category II non-friable ACM: any other ACM that when dry cannot be reduced to powder by hand pressure. (typically non-pliable/cementitious materials) 8) Regulated Asbestos Containing Material (RACM): any friable ACM that will be removed during a renovation of a regulated structure. ACM that will become friable due to the removal technique is City of Moorpark-32, 192 High St.Old Granary,Asb&Lead Survey.doc 3 279 FCG Environmental Pre-Demolition Asbestos & Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 also regulated. Note:while linoleum flooring is considered Category II ACM while managed in place, removal always renders it friable. 9) Presumed Asbestos Containing Materials(PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite(asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc.where destructive testing is not recommended. Regulations allow asbestos inspectors to"presume"that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. 10) Trace(<1%)Asbestos: Federal and local APCD regulations define an asbestos containing material(ACM)as any compound with greater than 1% asbestos. The State of California through Cal-OSHA regulation further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1%asbestos by weight. This definition is primarily for worker and occupant protection during disturbance work. The polarized light microscopy(PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1%. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1)to asbestos fibers, and therefore may count non-asbestos fibers as part of the overall total. PLM analytical methods must report a"trace" amount where fibers are noted in concentrations of less than 1%of the total. Further analysis by more quantitative methods such as"Point Count"or transmission electron microscopy(TEM)are required to quantify the actual concentration of asbestos in"trace" PLM sample results. Summary: Our survey identified Asbestos Containing Materials (ACM) at the site which will require abatement or special handling as part of future demolition activities. Please see the Conclusions & Recommendations (Section 4.0) below for further discussion regarding the abatement and proper handling of asbestos containing materials. 3.0 Lead-Based Paint Survey Findings FCG was contracted to perform field testing to determine the presence of lead-based paint or lead components at the subject site. A visual inspection of the site interiors and exteriors was conducted to identify areas of suspect lead based paint or coatings. Screening for lead was conducted in the field using XRF methodology in accordance with current state and federal regulations. All field work was conducted by a Certified Lead Sampling Technician. The results of this survey will be used by contracting personnel to determine appropriate lead safe work practices prior to demolition activities. Background Information on Lead Paint Requirements: Several regulations apply to the disturbance and possible exposure to lead from paints and other coatings. Title 17 of the California Code of Regulations (CCR) applies to residences and buildings accessible to the public that were constructed prior to 1979, and schools constructed before 1993 where lead paint may exist. Cal-OSHA regulations found within Title 8 of the CCR apply to worker exposure as stated in the Lead-in-Construction Standard (8-CCR-1532.1). The EPA issued a final rule to address lead-based paint hazards created by renovation, repair and painting activities that disturb lead-based paint in target housing and child-occupied facilities. The EPA's Lead Renovation, Repair and Painting (RRP) Program was passed into regulation requiring compliance with training and certification requirements per Title 40 of the Code of Federal Regulations (40 CFR Part 745). The RRP rule states that firms and individuals conducting renovations of target housing constructed before 1978 must assume that lead is present in all painted surfaces or coatings unless a written determination has been made by a City of Moorpark-32, 192 High St.Old Granary,Asb&Lead Survey.doc 4 280 FCG Environmental Pre-Demolition Asbestos &Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 Certified Inspector that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight. Scope of Lead Testing Services: FCG's scope of services involved field testing through use of X-ray fluorescence(XRF) instrumentation, which provides instantaneous readings in the field. The XRF instrument is used because of its demonstrated abilities to accurately determine the amount of lead that is present without disturbing the painted surfaces, as well as their high speed and relatively low cost per sample.The XRF device is capable of measuring lead in both deteriorated and intact paint. See the Attachments to this report for more information on XRF sampling methodology. Inspection Results: Per EPA and California regulations, paint or coatings are considered to be lead-based at concentrations at or above 1.0 milligram per square centimeter(mg/cm2) using XRF technology. FCG tested representative surfaces throughout the subject site. Calibration tests were performed at the beginning of the survey and again at the end of the survey to document that the equipment was working properly. Summary:We have listed below those materials/surfaces with lead concentrations greater than 1.0 milligrams per square centimeter(mg/cm2) using XRF equipment, and are therefore considered positive for lead per current state and federal regulations. o None of the interior or exterior painted surfaces showed lead concentrations at or above the 1.0 mg/cm2 level. Therefore, none of the painted surfaces tested as part of this project scope meet the definition of lead-based paint. o A white porcelain sink located in the south granary building tested positive for lead in the glazing compound above the regulated level of 1.0 mg/cm2. Although not covered by the EPA's RRP rule, disturbance or damage to this component may create a lead hazard which is regulated under current OSHA and state regulations. Please refer to the attached data table for a summary of all XRF field readings collected from the site. The A side noted in the table is the front (street or north side) of the subject site and the B, C and D sides continue clockwise around the site. City of Moorpark-32, 192 High St.Old Granary,Asb&Lead Survey.doc 5 281 FCG Environmental Pre-Demolition Asbestos & Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 4.0 Conclusions & Recommendations An asbestos and lead-based paint survey of the site has been completed per the terms of our agreement to define hazardous materials issuesprior to future demolition activities. Based on our visual observations and our evaluation of analytical data, we conclude the following: 4.1 Asbestos: 1) Identified Asbestos Containing Materials (ACM):The following materials were found to contain greater than 1%total asbestos and are regulated under current federal, state and local regulations: North Façade Building: o Black flooring mastic under Vinyl Floor Tile:This mastic is found under off-white vinyl floor tile in the front office of the north facade building. There is approximately 160 sq. ft. of this flooring material, which is considered Class I, non-friable. As the tiles cannot be separated from the underlying mastics, any disturbance of the off-white vinyl floor tiles must be conducted by asbestos workers. o Roofing layers—(tar on interior roof system):A black tar layer is found on an older roof section found inside the north façade building. This roofing system is covered by the larger structure. This roof was accessible from the 2nd level of the building and has a tar layer with 3% chrysotile asbestos under the composite roofing layer. This is considered a Class I, non-friable material, with approximately 1,000 sq. ft. of material. NOTE: The main roof on the west side of this building was sampled with no asbestos found in any of the roofing layers(shingles, felts, tars). The upper roof section on the east side was not accessible due to height, but is presumed to be identical to the west side. No penetration mastics were found with no vents, conduits or other openings noted. South Granary Building: o Roofing penetration mastics: Black mastics found at roofing penetrations on the south granary building. Roofing mastic is considered a Class I, non-friable material. Please refer to the summary tables and the attached laboratory data for detailed information. 2) All identified asbestos containing materials (ACM) that will be disturbed as part of demolition activities must be managed in accordance with applicable federal, state and local regulations. Disturbance activities should be performed only by properly trained abatement contractors using controls and methods to prevent fiber emissions during the removal or disturbance process. This may include the use of wet methods (water mist), negative pressure containment, NEPA filtration and other engineering controls to keep fibers from being dispersed in accordance with current federal, state and local regulations. City of Moorpark-32,192 High St.Old Granary,Asb&Lead Survey.doc 6 282 FCG Environmental Pre-Demolition Asbestos & Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 3) Workers performing removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, etc. Engineering controls must be in place. Disturbance of greater than 100 sq. ft. of any ACM or ACCM must be performed by trained and licensed asbestos contractors that are currently registered with the Dept. of Occupational Safety & Health (DOSH or Cal/OSHA). 4) Asbestos containing waste materials must be properly contained and transported for off- site disposal at a permitted landfill or disposal facility. Friable asbestos is considered hazardous waste per current federal and state regulations and must be transported and disposed using proper manifesting documentation. Non-friable asbestos is categorized as non-hazardous, asbestos-containing waste and can typically be disposed to the local Class III landfill with prior approval. As noted previously, materials with <1% total asbestos can be disposed of as construction debris, including drywall with joint compound as long as the asbestos is found only on seams,joints, etc. and is not a surfacing material that covers the entire wall or ceiling. 5) The local enforcement agency for asbestos removal projects in this area is the Ventura County Air Pollution Control District(APCD). They require notification for removal of friable, regulated asbestos containing materials in quantities which exceed 100 square feet or 160 linear feet. Regardless of the quantities found, the survey report should be submitted for their review along with any required documentation or notifications for their review and approval. They also require notification for all demolition projects, including projects where a load-bearing wall is removed. Additional permit requirements may apply from the local Building Department. We recommend that you contact the local APCD and appropriate agencies directly for further information regarding permitting and regulatory requirements. 6) The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. Proper removal techniques must be followed to prevent the dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and/or property owner. If you would like assistance. regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at(805) 646-1995. 4.2 Lead Paint& Lead Components: 1) None of the interior or exterior painted surfaces were found to contain lead at the regulated level of 1.0 mg/cm2. Therefore, no lead-based paint (LBP) was identified within the two structures on site that are scheduled for demolition. 2) One white porcelain sink, located in the south granary building, was found to contain lead concentrations above the regulated level (1.0 mg/cm2 by XRF method) and may create a lead hazard if disturbed as part of the site demolition work. The sink should be removed intact if possible. If damage is anticipated, lead safe work practices should be implemented, including impermeable drop sheets,wet methods and HEPA cleaning by trained lead workers. City of Moorpark-32, 192 High St.Old Granary,Asb&Lead Survey.doc 7 - 283 FCG Environmental Pre-Demolition Asbestos & Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 3) A limited number of painted surfaces showed detectable levels of lead at concentrations below the regulated threshold of 1.0 mg/cm2. These surfaces are not regulated as lead- based paint but may include worker protection requirements per OSHA regulations found in Title 29 of the Code of Federal Regulations and Title 8 of the California Code of Regulations as part of the Lead-in-Construction Standard. It is the employer's responsibility to document worker exposure to lead per OSHA regulations and conduct negative exposure monitoring as necessary. 4.3 General Recommendations: • As our survey was limited to readily accessible areas, there is potential that suspect materials previously unidentified could be discovered during site demolition work. This could include suspect materials located inside walls, under floors, above ceilings, etc. If suspect materials are found during site work, the area should be isolated and any suspect materials tested to confirm or deny the presence of asbestos, lead or other hazards. • Demolition contractors should also properly manage all electronic or universal waste, including but not limited to: fluorescent light fixtures, light tubes, lamps, batteries, electronic switches, transformers, computers or other equipment where heavy metals, PCBs, hydrocarbons or other materials that may be restricted from landfills or require special handling or disposal. Please visit the California DTSC's website (www.dtsc.ca.qov) and search for the "Universal Waste Fact Sheet" for additional information. City of Moorpark-32,192 High St.Old Granary,Asb&Lead Survey.doc - 8 284 FCG Environmental Pre-Demolition Asbestos & Lead Survey February 7, 2017 192 E. High Street Moorpark, CA 93021 Limitations Statement The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The presence or absence of lead-based paint or lead-based paint hazards applies only to the tested or assessed surfaces on the date of the field visit. It should be understood that conditions noted within this report were accurate at the time of the inspection and in no way reflect the conditions at the property after the date of the inspection. All data collection, findings, conclusions and recommendations presented by FCG within this report are based upon limited data using current standard practices accepted within the industry. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third party. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. FCG Environmental ØaF Prepared by: Prepared and Reviewed by: Dana Stephens, Staff Professional Alan Forbess, Principal Consultant Certified Lead Sampling Technician #19714 Certified Lead Inspector/Assessor#17425 CA Certified Asbestos Consultant#94-1549 Attachments: 1 - Forensic Analytical Results & Bulk Sampling Log (Asbestos) 2 -XRF Field Readings and XRF Sampling Methodology(Lead Paint) 3- FCG Inspector Certifications City of Moorpark-32, 192 High St.Old Granary,Asb&Lead Survey.doc _ 9 285 Attachment 1 Laboratory Analytical Results for Asbestos Bulk Samples Bulk Sample Log Sheets/Chain-of-Custody 286 Forensic Analytical0 Final Report LABORATORIES Bulk Asbestos Analysis (EPA Method 600/R-93-116, Visual Area Estimation) FCG Environmental Client ID: 7238 Alan Forbess Report Number: B233364 1009 Mercer Avenue Date Received: 01/12/17 Date Analyzed: 01/12/17 Ojai,CA 93023 Date Printed: 01/12/17 First Reported: 01/12/17 Job ID/Site: City of Moorpark-32; 192 High St.,Moorpark,North& South Grainery Buildings FALI Job ID: 7238 Total Samples Submitted: 31 Date(s)Collected: 01/10/2017 Total Samples Analyzed: 31 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 51035813 Layer: Off-White Tile ND Layer: Black Mastic Chrysotile 3% Total Composite Values of Fibrous Cents: Asbestos(Trace) Cellulose(Trace) 2 51035814 Layer: Off-White Tile ND Layer: Black Mastic Chrysotile 3 Total Composite Values of Fibrous Compote Asbestos(Trace) Cellulose(Trace) 3 51035815 Layer: Off-White Tile ND Layer: Black Mastic Chrysotile 3% Total Composite Values of Fibrous Components: (Trace) Cellulose(Trace) 4 51035816 Layer: Black Felt ND Total Composite Values of Fibrous Compos s: Asbestos(ND) Cellulose(90%) 5 51035817 1 Layer: Black Felt ND Total Composite Values of Fibrous Component s+ Asbestos(ND) Cellulose(90%) 6 51035818 Layer: Black Felt ND Total Composite Values of Fid Components: Asbestos(ND) Cellulose(90%) 7 51035819 Layer: White Drywall ND Layer: Drywall Tape ND Layer: White Skimcoat/Joint Compounds ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(5%) I of 5287 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221 I Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Report Number: B233364 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 8 51035820 Layer: White Drywall ND Layer: Drywall Tape ND Layer: White Skimcoat/Joint Compounds ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(5%) 9 51035821 Layer: White Drywall ND Layer: Drywall Tape NI) Layer: White Skimcoat/Joint Compounds ND Layer: Paint ND Total Composite Values of Fibrous Comps Asbestos(ND) Cellulose(20%) Farms Glass(5%) 10 51035822 Layer: White Drywall NI) Layer: Drywall Tape ND Layer: White Skimcoat/Joint Compounds ND Layer: Paint ND Total Composite Values of Fibrous Qunponett& Asbestos(ND) Cellulose(20%) farms Glass(5%) 11 51035823 Layer: White Drywall ND Layer: Drywall Tape NI) Layer: White Skimcoat/Joint Compounds ND Layer: Paint ND Total Composite Values of Minus Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(5%) 12 51035824 Layer: White Drywall ND Layer: Drywall Tape ND Layer: White Skimcoat/Joint Compounds Ni) Layer: Paint ND Total Composite Values of Fibrous Components Asbestos(ND) Cellulose(20%) Fibrous Glass(5%) 13 51035825 Layer: White Non-Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 14 51035826 Layer: Grey Roof Shingle ND Layer: Black Semi-Fibrous Tar Chrysotile 3% Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(65%) 2of5288 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Report Number: B233364 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 15 51035827 Layer: Grey Roof Shingle ND Layer: Black Semi-Fibrous Tar Chrysotile 3 Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(65%) 16 51035828 Layer: Grey Roof Shingle ND Layer: Black Semi-Fibrous Tar Chrysotile 3 Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(65%) 17 51035829 Layer: Brown Tile ND Layer: Tan Mastic ND Total Composite Values of Fibrous Cots Asbestos(ND) Cellulose(Trace) 18 51035830 Layer: Brown Tile NI) Layer: Tan Mastic ND Total Comae Values of Fiber Components: A (ND) Cellulose(Trace) 19 51035831 Layer: Brown Tile ND Layer: Tan Mastic ND Total Composite Values ofFibrous s(ND) Cellulose(Trace) 20 51035832 Layer: White Non-Fibrous Material ND Total Composite Values of Fibrous Compo enents Asbestos(ND) Cellulose(Trace) 21 51035833 Layer: White Non-Fibrous Material ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 22 51035834 Layer: White Non-Fibrous Material ND Total Composite Values of FTrbrous Compo: Asbestos(ND) Cellulose(Trace) 23 51035835 Layer: Black Semi-Fibrous Tar Chrysotile 5% Layer: Green Roof Shingle ND Total Composite Values of Fibrous Conmonents: Asbestos(Trace) Cellulose(55%) 3 of 5289 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Report Number: B233364 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 24 51035836 Layer: Black Semi-Fibrous Tar Chrysotile 5% Layer: Green Roof Shingle ND Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(55%) 25 51035837 Layer: Black Semi-Fibrous Tar Chrysotile 5% Layer: Green Roof Shingle ND Total Composite Values of Fibrous Contents: Asbestos(Trace) Cellulose(55%) 26 51035838 Layer: Multi-Color Roof Shingle ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(25%) Fibrous Glass(35%) 27 51035839 Layer: Multi-Color Roof Shingle ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(25%) Fibrous Glass(35%) 28 51035840 Layer: Multi-Color Roof Shingle ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(25%) Fibrous Glass(35%) 29 51035841 Layer: Multi-Color Roof Shingle ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cie(70%) 30 51035842 Layer: Multi-Color Roof Shingle ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(70%) 31 51035843 Layer: Multi-Color Roof Shingle ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(70%) 4 of 5 290 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Report Number: B233364 Client Name: FCG Environmental Date Printed: 01/12/17 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer • • Tiffani Ludd,Laboratory Supervisor,Rancho Dominguez Laboratory Note:Limit of Quantification('LOQ')= 1%.'Trace'denotes the presence of asbestos below the LOQ. 'ND'='None Detected'. Analytical results and reports are generated by Forensic Analytical Laboratories Inc.(FALI)at the request of and for the exclusive use of the person or entity(client)named on such report.Results,reports or copies of same will not be released by FALI to any third party without prior written request from client.This report applies only to the sample(s)tested. Supporting laboratory documentation is available upon request.This report must not be reproduced except in full,unless approved by FALL.The client is solely responsible for the use and interpretation of test results and reports requested from FALI.Forensic Analytical Laboratories Inc. is not able to assess the degree of hazard resulting from materials analyzed FALI reserves the right to dispose of all samples after a period of thirty(30)days,according to all state and federal guidelines,unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 5 of 5291 2959 Pacific Commerce Drive,Rancho Dominguez,CA 90221/Telephone:(310)763-2374 (888)813-9417/Fax:(310)763-8684 Forensic Analytical Laboratories, Inc. Analysis Request Form(COC) Client No.: 7238 PO/ �4 Date: FCG Environmental C p‘ I��ar - 32 I'I�' ConsultingGroup, Turn Around Time: Same D 1 Dayl ZDayi! 3Day� 4Day /SDay (Forbess p , 1009 Mercer Avenue !0 PCM:0 NIOSH 7400A /Q NIOSH 740013 IQ Rotometer Ojai,CA 93023I jla PLM: Standard/CI Point Cour 4001 10001/Q CARE 435 Contact: Alan Forbes,Bill Miller . ID TEM Air:Q AHERA /Q Yamate2 /O NIOSH 7402 IQ TEM Bulk: D Quantitative/0 Qualitative / Q Chatfield Phone: Fax: Ei TEM Water:la Potable I 0 Non-Potable /D Weight.% (805)646-1995 (805)669-3538 D TEM Microvac: 0 Qual(+/-)/®D5755(str/area)/0 D5756(str/mass) E-mail: IO IAQ Particle Identification(PLM LAB) 0 PLM Opaques/Soot aforbess( fcgenviro.com,bmiller@fcgenviro.com la Particle Identification(TEM LAB) 0 Special Project Site: I R 2. t*5L1 s[ P b Matrix:Metals Analysis: Method: Site Locption: 1 _ . NO(ILk t 540„ft, .5r.,wur7 s41►ti-y Analytes: Comments: J ( I Report Via: 0 Fax 0 E-Mail ®Verbal • FOR AIR SAMPLES ONLY Sample Date/Sample ID Time Sample Location/Description Time Avg. Total Ar Air/ Type On/Off LPM Time Volume IT 5e e., 0:114OPV ` I oC�— EA $,1 k ) L— '3 i f� 1 At LA LA: 3-6 I P1 Sampled By: b]0.ire 6,ks, Date:/....0_n Time•- jz J oa Shipped Via: is Fed Ex 0 DHL D UPS 0 US Mail 0 Courier 113 Drop Off ID Other: Relinquished By: / — Relinquished By: Relinquished By: Date/Time: Date/Time: Date/Time: f-Il-l7��^^��yy 10191,0.. RefilAy. Fie. Received By. Received By. D /� 1!f Q Date/Time: Date/Time: C• •. •n Accep�ab(ed es�IQ Nit,D7TArCondition Acceptable?G Yes Q No - Condition Acceptable?D Yes p No San Francisco Office:3777 Depot Road,Suite 409,Hayward,California 94545-2761/Ph:(510)887-8828•(800)827-3274/Fax:(510)887-4218 Los Angeles Office:2959 Pacific Commerce Drive,Rancho Dominguez,California 90221/Ph:(310)763-2374•(888)813-9417/Fax:(310)763-8684 Las Vegas Office:6765 5.Eastern Avenue,Suite 3,Las Vegas,Nevada 89119/Ph:1702)784-0040/Fax:(702)784-0030 • - 292 FCG Environmental Asbestos Bulk Sampling Field Log Date: 1— (0— I/ Friable: Friability Codes: N=Non-friable; F=Friable Client: 1 tv 0 tioo,rpo-,e Cond: Condition Codes:G=Good; F=Fair; P=Poor Site: d 92 H i it. c 4 . Project:(;I.) ,C Mserpar�/ Z. NA=Not Analyzed Inspector(s): g ND=Detected Area/Unit:IVof4l. + se►&!. ara,t,,,wy 6,444;,,`,1 N=Negative titat - 1 10 Lot;ie V rt 12. gilns+ac Frani 04c;w v4.1 _r605A/ P . i ‘ 3 L . 4 Q UI ALK vapor-f.fie- Bei,i.,..1 Dry w&(t no./a. s:oie T"`O -__._..._a P 5 11 " se..F' s:Je. / 41, 1 1 Dry D u /Waoll C.0r.Ps,wn4 561.44(A. corv.6r T f e p P I. .S..4 IN E.0.54 4 wts4 w411 (0 No—It wes4 •w•.a • 1 1 Nof-ii, Gs4 r p # 12 Nar4L Wail V w' 41IPS' N LCD \ �� W FCG Environmental Asbestos Bulk Sampling Field Log Date: I -10-'17 2 0 c 3 Friable: Friability Codes: N=Non-friable; F=Friable Client,C;ii 4.aF hoK p..Y.�C Cond: Condition Codes:G=Good; F=Fair; P=Poor Site: 112 1-1; 1. s! • Project: C..t ec .neer park - 3Z NA=NOt Analyzed - lnspector(8� B F ND=Detected 1 Area/Unit:fJor4k,t Sa..lL V." aIA"4,l4.1S N=Negative . ,tS 1.,. .1.±Q...),i.t.,. �;U:.1.,:' , ,:!!LI:!L 4 __ r 111.11.,t.,' r.!'. i :1:!;. i../..d_'k _ _ f ....l_i:.11 C , s ..r.:.v.1.1,i.11,'.hf1 13 5[a vVlA41.iG/ c`944 e2val F'.' yeiie47 Hoep+r" Nea N P ( if RooC;,,5 ll 2.et Plow- !/otp,. f..•C l O06ftc N P , , 1 c I- t 1 ‘,1, Ni, 1 16 I -1 V Fr Ytib 1 { 1-r I 1 r2i1 gro,,�,. (ov�i M .� O�/':.Ct tit[at �t•i�(Jli 300 ! F f $ t# . i 19NIT 1 - i/ ZU SC.a( J ti..4i,._ fGtat citos In CO(Aft. b(61,-) N/a ZZ ..--- . 23 Roo; PLt e4, ri�s1, - SAL bLk;1e;--� `�''r:r NIq 2 9 4, 4. i i " D,,, .,* J, N 1/40 to FCG Environmental Asbestos Bulk Sampling Field Log Date: / —10 - 17 3 0 f 3 Friable: Friability Codes: N=Non-friable; F=Friable Client:C, I.i o C 1140 o e park Cond: Condition Codes: G=Good; F=Fair; P=Poor Site: t97 u 3t, s1 • { Protect:r, l y . ( 1100 cpoo'..'k-32 NA=Not Analyzed Inspector(s):gF l ND=Detected Area/Unit: 4,14 .4 S...kL 9"t""7 g,,,((L,,.)s N=Negative _ t , :.1, ). •i 1 1 1 1 1.I 11 1 t,'.1 7 1. 1 t ;i,.,',!1:+4.:.... ..,ilil.e:2 +...�,:,.aJ�).+.�,i. ,. . _.l.di:d` «:..r.:S.i�.'.1.. _.� ._. •.;,i�.,..,!y.l:i....rrJ:.�A�c,.:_e:1I,S1:i«d.�� ..1.',.a:�.�,.�.lA.�./l}e . 1�.:��.�S..tif . . .. 2 S~- R..J pei,..4n•fb.. Mas1;4So,,4c, b•.;«r..i tl't fid,.,.. /V 4 /V P t"' 24 o,,# i..lit,s N.,41._ bK;16 Ai/ l Al F 2 / .I. 28 2. 9 So 4.A.41.._ bt4;at.v . t 30 . ! 3$ • N Attachment 2 XRF Field Readings from Lead Based Paint Survey XRF Sampling Methodology 296 XRF Lead Table 192 E. High Street Moorpark,CA 93021 '0.i itw,pp� } +; j� y�y J ',.,.!:i''''''' ''- :1''''V'''''' x�Vy �x y ' tit� H ,V: y"', :'1 , 'k x.. ..a a k'�'ti s� , a. ' r {'1 u ,1 t'' . CALIBRATE Positive 1.2 CALIBRATE Positive 1.2 CALIBRATE Positive 1.2 WALL WOOD A INTACT YELLOW FIRST s granary Negative 0 WALL trim WOOD A INTACT RED FIRST s granary Negative 0.01 WALL trim WOOD A INTACT RED FIRST s granary Negative 0 WALL WOOD A INTACT YELLOW FIRST s granary Negative 0 WALL WOOD A INTACT TAN FIRST s granary Negative 0 DOOR slider WOOD A INTACT YELLOW FIRST s granary Negative 0 DOOR slider trim WOOD A INTACT YELLOW FIRST s granary Negative 0 WALL WOOD A INTACT GREY FIRST s granary Negative 0 WALL WOOD A INTACT RED FIRST s granary Negative 0 DOOR trim WOOD A INTACT RED FIRST s granary Negative 0 WALL WOOD D INTACT TAN FIRST s granary Negative 0 WALL METAL D INTACT TAN FIRST s granary Negative -0.25 ' WALL WOOD A INTACT YELLOW FIRST n granary Negative 0 WALL trim WOOD A INTACT RED FIRST n granary Negative 0 WINDOW casing WOOD A INTACT RED FIRST n granary Negative 0 WINDOW casing WOOD A INTACT RED FIRST n granary Negative 0 WALL WOOD A INTACT YELLOW FIRST n granary Negative 0 WALL WOOD A INTACT YELLOW FIRST n granary Negative 0 steps WOOD A INTACT RED FIRST n granary Negative 0 porch post WOOD A INTACT RED FIRST n granary Negative 0 WALL WOOD B INTACT YELLOW FIRST n granary Negative 0 WALL trim WOOD B INTACT RED FIRST n granary Negative 0 DOOR METAL B INTACT YELLOW FIRST n granary Negative 0.01 DOOR frame METAL B INTACT YELLOW FIRST n granary Negative 0 WALL WOOD C INTACT TAN FIRST n granary Negative 0 1 N L J XRF Lead Table(Continued) 192 E. High Street '-0 s a .';';',I'' ''''''','''':' 'x ,., 4 r: k , k a, �. E, 1 sfi `�� WALL WOOD C INTACT TAN FIRST n granary Negative 0.02 WALL WOOD D INTACT YELLOW FIRST n granary Negative 0 DOOR casing WOOD D INTACT RED FIRST n granary Negative 0 WALL DRYWALL A INTACT WHITE FIRST interior n granary Negative 0 WALL DRYWALL C INTACT TAN FIRST interior n granary Negative 0 WINDOW WOOD A INTACT TAN FIRST interior n granary Negative 0 WINDOW case WOOD A INTACT TAN FIRST interior n granary Negative 0 WINDOW case WOOD B INTACT TAN FIRST interior n granary Negative 0 WINDOW frame WOOD B INTACT TAN FIRST interior n granary Negative 0 WINDOW frame WOOD A INTACT TAN FIRST interior n granary Negative 0 BASEBOARD WOOD C INTACT TAN FIRST interior n granary Negative 0 DOOR WOOD D INTACT YELLOW FIRST interior n granary Negative 0 DOOR WOOD D INTACT YELLOW FIRST interior n granary Negative 0 DOOR frame WOOD D INTACT RED FIRST interior n granary Negative 0 DOOR frame WOOD A INTACT RED FIRST interior n granary s rm Negative 0 DOOR WOOD A INTACT YELLOW FIRST interior n granary s rm Negative 0 DOOR trim WOOD A INTACT YELLOW FIRST interior n granary s rm Negative 0 WALL DRYWALL A INTACT YELLOW FIRST interior n granary s rm Negative 0 WINDOW WOOD A INTACT YELLOW FIRST interior n granary s rm Negative 0 support beam METAL A INTACT YELLOW FIRST interior n granary s rm Negative 0 , WALL DRYWALL A INTACT YELLOW FIRST interior n granary s rm Negative 0 WINDOW WOOD A INTACT RED FIRST interior n granary s rm Negative 0 WALL WOOD C INTACT YELLOW FIRST interior n granary s rm Negative 0.01 post METAL C INTACT YELLOW FIRST interior n granary s rm Negative 0 WINDOW WOOD A INTACT RED SECOND n granary Negative 0 WINDOW sill WOOD A INTACT RED SECOND n granary Negative 0 hopper METAL A INTACT YELLOW SECOND n granary Negative 0.01 DOOR WOOD D INTACT YELLOW FIRST interior s granary Negative 0.01 WALL WOOD D INTACT YELLOW FIRST interior s granary Negative 0 2 Ni oo XRF Lead Table (Continued) 192 E. High Street ,4 w+ s !:'' a ,4 * y qy +,3 ,,,,,.:,-4,,4 . ° w 7 f H; v 1'14' ' " fs. a t LeadComponent Sib t eti 'Slat er *" Arse Rast! s 4z: ",;:*;:k, y04 °, mg/cm2 post METAL D INTACT GREY FIRST interior s granary Negative 0 hopper METAL D INTACT RED FIRST interior s granary Negative 0.01 sink porcelain A INTACT WHITE FIRST interior s granary Positive 39.2 WALL WOOD A INTACT WHITE FIRST interior s granary Negative 0 DOOR WOOD A INTACT WHITE FIRST interior metal bldg Negative 0.26 posts WOOD A INTACT RED FIRST interior metal bldg Negative 0.01 tank METAL A INTACT silver FIRST interior metal bldg Negative 0.06 HOPPER CNTR METAL A INTACT silver FIRST interior metal bldg Negative 0 FASCIA WOOD A INTACT RED FIRST OUTSIDE S BLDG Negative 0 FASCIA WOOD C PEELING RED FIRST OUTSIDE N BLDG Negative 0 3 N Lo XRF Sampling Methodology: All inspections include a visual inspection of site surfaces to identify painted components and general site conditions. Field testing is performed by a CA Certified Lead Inspector/Assessor using a Niton X-Ray fluorescence(XRF) lead paint analyzer. The XRF sampling method uses a field instrument(X-Ray Fluorescence or XRF gun) to characterize suspect painted surfaces and components. XRF equipment is used to sample materials suspected of being coated with lead-based paint and lead-containing materials by "reading"the suspect materials through direct contact. The advantage of this method is that it provides instantaneous results and is a non-destructive method which allows for the collection of as many samples as time allows for the daily cost of the instrument. This survey method can also identify lead in ceramic tiles, porcelain or other suspect building materials. The survey attempts to define the extent of LBP and estimate quantities where possible. Paint is determined positive using the CA Dept. of Health Services criteria of 1.0 milligrams per square centimeter(mg/cm2). During the survey, the front or main side of the building is typically designated as the "A" side, with the remaining sides designated as "B", "C"and "D" continuing in a clockwise manner. Where appropriate, a field sketch or plot plan is provided. Instrument Calibration: The calibration of the Niton XLP 300A X-Ray fluorescence (XRF) instrument is done in accordance with the Performance Characteristic Sheet(PCS) for this instrument. These XRF instruments are calibrated using a calibration standard block of known lead content. Three calibration readings are taken before and after each property is tested to insure manufacturer's standards are met. If the inspection is longer than 4 hours, a set of 3 calibration readings must be taken before the 4 hours expires, and then an additional 3 calibration readings taken at the end of the inspection. If for any reason the instruments are not maintaining a consistent calibration reading within the manufacturer's standards for performance on the calibration block supplied by the manufacturer, manufacturer's recommendations are used to bring the instrument into calibration. If the instrument cannot be brought back into calibration, it is taken off the site and sent back to the manufacturer for repair and/or re-calibration. Inspector Training and Qualifications: All inspectors utilized by FCG are Certified Lead Inspectors/Assessors, having obtained certification through the California Department of Public Health (CDPH). All inspectors have taken a State-certified 40-hour Inspector/Assessor course and passed the State Inspector/Assessor Exam. All FCG field personnel have also been trained in the use, calibration and maintenance of the X-Ray Fluorescence (XRF)equipment they currently use, along with necessary principles of radiation safety through a training program provided by the manufacturer. Equipment Information:The field instrument used on this project was a Niton Model XLP 300A X-Ray fluorescence (XRF) lead paint analyzer(Serial No. 10106). The Niton instrument uses a high performance, electrically-cooled, solid-state detector optimized for lead (Pb) analysis using L-shell and K-shell x-ray detection. This instrument allows for XRF spectrum analysis in the field with automatic Positive/Negative decision and automatic corrections for substrate bias and age of source. All negative classifications in all paint-test modes are verified by negative K-shell x-ray readings. Please see Attachment 2 for a copy of the Performance Characteristic Sheet provided by Niton for the XLp 300A instrument. This document contains detailed information regarding the XRF instrument calibration, inconclusive range or thresholds for various substrates, operating parameters and other information. For more information on the Niton Model XLP 300A instrument, please visit the following website: www.thermo.com/niton 300 Attachment 3 FCG Inspector Certifications 301 Alan W. Forbess, Certifications State of California Division of Occupational Safety and Health Certified Asbestos Consultant Alan Wayne Forbess . Name .. Certification No.94-1349 Expires on. 01/12/18 This certification:sac i sued 14r the Division of Occupational$afBty and Healthas authorized - by Sections 7180 et'see):of the Business and Professions Code. State of California Department of Public Health InspectoriAssessor 06/18/2017 Ptect Monitor 06/1812017 4,t- I Alan W. Forbess ID* 17425 �C~ ti fox ACCRED/2,4,i)�'• � ALAN W. FORBESS �vr, , r AIC M v-^,z (b BOARD CERTIFIED w $ #0804051 ti�1, ' ‘.11-'`i'oP Exp. 6/30/2018 y�lied Microbial Go 4 302 iv- State of California Department of Public Health , 11.,,,„ Sampling Technician 0212112017 IirVI 1 Pir* • * 40 111010 4 46 4r 41. 0 Dana M . sije 1 ens I D #: 1 9 7 1 4 u.) (..0 State of California Department of Public Health Sampling Technician 10t3117 (1118.414424__ -4,11 Air Blake R. Forbess D #: 28474 °tet ( iisi' U a, 4 KW.rowhe.4 4 L ' ( ) glair l ort., .fir i .+trs .'.pp., 4a 304 APPENDIX III SAMPLE VENTURA COUNTY TRANSPORTATION COMMISSION (VCTC) RIGHT-OF-ENTRY AGREEMENT 82000-001611800815v4.doc Appendix III 3 0 5 te��ta Co4„ VCTCV C ! C rp0''ation C3' MOORPARK STATION—MOORPARK CONTRACTOR RIGHT OF ENTRY # THIS AGREEMENT, dated , by and between the VENTURA 1 COUNTY TRANSPORTATION COMMISSION, herein called"VCTC", and , herein called "CONTRACTOR"; E WHEREAS, CONTRACTOR wishes to temporarily access certain railroad property from VCTC for[enter time period], specifically[enter area of description]; and WHEREAS, VCTC has said property available for temporary use and is willing to provide it to CONTRACTOR. NOW,THEREFORE,the parties agree as follows: Section 1 -Obligation VCTC agrees to allow CONTRACTOR to enter upon the property of VCTC at[enter property description for the purpose of[enter description of work that will occur] on VCTC premises by CONTRACTOR tor the period from [enter time of day and dates of demolition]. CONTRACTOR agrees to: (a) Notify VCTC at least three (3)working days before commencing work on VCTC premises and within five (5)working days after such work is completed. (b) Operate equipment, store materials, operate activities at least fifty(50)feet away from any operable track; or provide Railroad Liability Insurance on behalf of Ventura County Transportation Commission with limits no less than $2,000,000 per occurrence and $6,000,000 annual aggregate, required if work is performed within 50 feet of the railroad tracks. (c) Keep all equipment, tools and materials stored at least fifty (50)feet from any operable track. Explosives or other highly inflammable substances will not be stored on VCTC premises without the prior approval of VCTC's representative. (d) Remove all of CONTRACTOR's tools, equipment and materials from VCTC premises promptly upon completion of work, restoring VCTC premises to the same state and condition as when CONTRACTOR entered thereon. 306 3 Section 2—Indemnity CONTRACTOR agrees to and shall indemnify, defend, and hold harmless VCTC, its officers, agents, and employees from and against any and all claims, demands, losses, damages, causes of action, suits, and liabilities of every kind (including reasonable attorneys'fees, court costs, and other expenses related thereto)for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with any work done, action.taken or permitted out of or in connection with any work done, action taken or permitted by CONTRACTOR, agents or employees under this contract. { VCTC agrees to and shall indemnify,defend, and hold harmless the CONTRACTOR, its officers, directors, employees, and agents from:and against any and all claims(including reasonable attorneys'fees, court costs, and other expenses related thereto)for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with any work done, action taken or_permitted out of or in connection with any work done, action taken or permitted by VCTC, agents or employees under this contract. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. Section 3—Insurance Prior to the start of work or occupancy of premises under this agreement, CONTRACTOR agrees to procure and maintain,at its sole cost and expense,the following insurance coverage with an insurer or insurers and form satisfactory to VCTC: (a) Commercial General Liability(CGL): Insurance Services.Office(ISO)Form CG 00 01 12 07 covering CGL on an "occurrence" basis, including products-completed operations, personal &:advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,eitherthe general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence lirnit. (b) Automobile Liability ISO Form Number CA 00 01 covering any auto(Code 1), or if CONTRACTOR has no owned autos,hired,`(Code 8)and non-owned autos(Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage, required whenever work is performed. (c) Workers'Compensation:..asrequired by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000 per accident for bodily injury or disease, required whenever work is performed: If CONTRACTOR maintains higher limits than the minimums shown above,the VCTC requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. The insurance policies are to contain, or be endorsed to contain,the following provisions: (a) Additional Insured Status 307 The VCTC, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). (b) Primary Coverage For any claims related to this contract,the CONTRACTOR's insurance coverage shall be primary insurance as respects the VCTC, its officers, officials, employees, and volunteers.Any insurance or self-insurance maintained by the VCTC, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR's. insurance and shall not contribute with it. [ (c) Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the VCTC. (d) Waiver of Subrogation The CONTRACTOR hereby grants to VCTC a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the.VCTC by virtue of the payment of any loss under such insurance. .CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the VCTC has received a waiver of subrogation endorsement from the insurer. (e) Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the VCTC. The VCTC may require the CONTRACTOR to purchase coverage with a lower deductible.or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. (f) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the VCTC. (g) Verification of Coverage CONTRACTOR shall furnish the VCTC with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the VCTC before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR's obligation to provide them. The VCTC reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any.time. 308 Section 4—Fees CONTRACTOR shall deposit with VCTC the sum of[dollar amount to be determined] representing the right of entry permit fee by VCTC in connection with said work. Section 5—Independent Contractor CONTRACTOR's relationship to VCTC in the performance of this Agreement is that of an independent contractor. CONTRACTOR's personnel performing work and/or participating under this Agreement shall at all times be under CONTRACTOR's exclusive direction and control and shall be employees of CONTRACTOR's and not employees of VCTC. At the request of VCTC, CONTRACTOR:shall remove from VCTC premises any employee of CONTRACTOR or any subcontractor who fails to conform to the instructions of VCTC's representative in connection with work on VCTC premises. CONTRACTOR shall indemnify VCTC against any claim arising from the removal of any such employee from VCTC premises. Section 6—Modification of Agreement VCTC reserves the right to modify theseaequirements, including limits, based on the nature of the risk, prior experience,.insurer, coverage,or other special circumstances. No other terms or conditions of the above mentioned contract shall be negated or changed as a result of this here stated addendum. IN WITNESS WHEREOF, the parties hereto have cause these presents to be executed in duplicate the day and year first above written. VCTC By Darren Kettle Executive Director CONTRACTOR By Name: Title: - E 309 Page 4 of 4 (Location Map and Summary Description of Project) 310 THIS PAGE LEFT BLANK INTENTIONALLY 311 APPENDIX IV SAMPLE METROLINK TEMPORARY RIGHT-OF-ENTRY AGREEMENT (SCRRA FORM NO. 6) SITE SPECIFIC WORK PLAN (SSWP) 82000-0016\1800815v4.doc Appendix IV 312 METROLINICm - _ -- Southern California Regional Rail Authority TEMPORARY RIGHT-OF-ENTRY AGREEMENT SCRRA FORM NO. 6 SCRRA File No. SCRRA Project/Task No. Subdivision Mile Post Thomas Guide Location This Temporary Right-of-Entry Agreement("Agreement") is between the Southern California Regional Rail Authority (hereinafter referred to as"SCRRA") and (hereinafter referred to as "Contractor"). This Agreement is for entry upon, over and under SCRRA and Member Agency Right-of-Way("Right-of-Way") at or near in the City of or in the Unincorporated County of (as such location is more specifically identified above) for the purpose of (as shown on attached drawings). 1. Definitions A. Contractor is an individual, firm, partnership or corporation or combination thereof, private, municipal or public, including joint ventures, which are referred to throughout this document by singular number and masculine gender. For purposes of this agreement, Contractor also includes any subcontractor, supplier, agent or other individual entering the Right-of-Way during performance of work. B. Indemnitees are SCRRA, Member Agencies and Operating Railroad and their respective officers, commissioners, employees, agents, successors and assigns. C. Operating Railroad is/are any specific passenger or freight-related railroad company(s) validly operating on SCRRA and Member Agency track(s). Operating Railroads are any combination(s) of the SCRRA (METROLINK), the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR) and the BNSF Railway Company. D. Right-of-Way is defined herein to mean the real and/or personal property of SCRRA and/or Member Agencies. E. SCRRA is a five-county joint powers authority, created pursuant to State of California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build and operate the "Metrolink" commuter train system in the five-county area on rail rights-of-ways owned by the Member Agencies. The five-county Member Agencies ("Member Agency") are comprised of the following: Los Angeles County Metropolitan SCRRA FORM NO.6 Page 1 of 14 Rev:02/03/15 313 METROLINI1‹® Southern California Regional Rail Authority Transportation Authority (MTA), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority (OCTA), San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission (RCTC). F. SCRRA Employee-In-Charge (EIC) is a Southern California Regional Rail Authority employee or contractor(SCRRA General Code of Operating Rules and Territory Qualified) providing warning to Public Agency or Contractor personnel of approaching trains or on track equipment and who has the authority to halt work and to remove personnel from the Right-of-Way to assure safe work. G. SCRRA Safety Trainer is a qualified SCRRA employee or contracted employee (SCRRA General Code of Operating Rules qualified) as authorized by the SCRRA Director of Engineering and Construction to provide Contractor training. 2. References When working on the Right-of-Way, the Contractor must comply with the rules and regulations contained in the current editions of the following documents which are "references" incorporated in this document as if they were set out in full in this paragraph. The Contractor, by its signature on this Agreement, acknowledges receipt of these documents and agrees to abide by said rules and regulations at all times when on the Right-of-Way. The documents are available on SCRRA's website at www.metrolinktrains.com (About Us, Engineering and Construction) A. Rules and Requirements for Construction on SCRRA Property, SCRRA Form No. 37. B. General Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property. 3. Entry onto Right-of-Way No verbal approvals will be granted. The Contractor shall not enter onto the Right-of-Way unless Contractor has arranged for SCRRA safety training as well as protective services (EIC and/or other protective services to be determined by SCRRA) and has paid all charges and fees. A fully executed copy of this Form 6 must be in the possession of the contractor at the job site and must be produced by Contractor upon request by SCRRA, a law enforcement officer or Member Agency's representative. If said Agreement is not produced, SCRRA has the right to suspend work in the Right-of-Way until Contractor demonstrates possession of Agreement at the job site. 4. Termination of Agreement SCRRA or Member Agency reserves the right to terminate or revoke this temporary Agreement at any time upon two hours notice; however, in the event of an unsafe condition on the Right-of-Way, SCRRA shall have the right to terminate this Agreement immediately, without any advanced notice. Unless subsequently modified, extended, terminated or revoked by SCRRA, this temporary Agreement shall extend until access to the Right-of-Way is no longer necessary. In any event, however, the Agreement shall be automatically terminated if or when the insurance that the Contractor is required to maintain hereunder lapses or expires. The Contractor agrees to return the Right-of-Way to a condition substantially the same as before work, including replacement, repair, or reinstallation of railroad signs and property. SCRRA FORM NO.6 Page 2 of 14 Rev:02/03/15 3 1 4 M ETI Q I_I NI I‹ Southern California Regional Rail Authority Railroad signs include but are not limited to "No Trespassing", "Speed Limit", "Milepost", 'Whistle", "Station Stop" and "Fiber Optics". The Contractor agrees to notify SCRRA, in writing and orally, when use of the Right-of-Way or work is completed. The Contractor shall also complete and return the Confirmation of Completion form. Under no circumstances shall the temporary right of entry provided for under this Agreement be construed as granting to the Contractor or its Subcontractors and agents any right, title or interest of any kind or character in, on or about any Right-of-Way At the request of SCRRA or Member Agency, Contractor shall remove from the Right-of-Way any employee or other individual who has not completed safety training or otherwise fails to conform to the instructions of SCRRA's or Member Agency's representative in connection with work on the Right-of-Way. Any right of Contractor to enter upon the Right-of-Way shall be suspended until such request of SCRRA or Member Agency is met. Contractor shall defend, indemnify and hold harmless SCRRA and Member Agency against any claim arising from the removal of any such employee or other individual from the Right-of-Way. 5. Indemnification Contractor, on behalf of itself and its employees, subcontractors, agents, successors and assigns, agrees to indemnify, defend, by counsel satisfactory to SCRRA and Member Agency, and hold harmless "Indemnitees", and each of them to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including incidental consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts' and actual attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions of the Contractor or its officers, directors, affiliates, subcontractors or agents or anyone directly or indirectly employed by them or for whose acts the foregoing persons are liable (collectively, "Personnel") in connection with or arising from the presence upon or performance of activities by the Contractor or its Personnel with respect to the Right-of-Way, (ii) bodily and/or personal injury or death of any person (including without limitation employees of lndemnitees) or damage to or loss of use of Right-of-Way resulting from such acts or omissions of the Contractor or its Personnel or (iii) non-performance or breach by Contractor or its Personnel of any term or condition of this Agreement, in each case whether occurring during the term of this Agreement or thereafter. The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurrent or comparative) on the part of lndemnitees, unless caused by the sole negligence or willful misconduct of lndemnitees, and is in addition to any other rights or remedies,which lndemnitees may have under the law or under this Agreement. Claims against the lndemnitees by the Contractor or its Personnel shall not limit the Contractor's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or its Personnel under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance. The provisions of this section shall survive the termination or expiration of this Agreement. 6. Assumption of Liability To the maximum extent allowed by law, the Contractor releases Indemnitees from and SCRRA FORM NO.6 Page 3 of 14 Rev:02/03/15 315 METZOLINII‹ro Southern California Regional Rail Authority assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Right-of-Way and any other property of or under the control or custody of, the Contractor or its personnel in connection with any acts undertaken under or in connection with this Agreement. The Contractor's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvements (including easement, lease or license agreements for other existing improvements and utilities) on the Right-of-Way, accident or fire or other casualty on the Right-of-Way or electrical discharge, noise or vibration resulting from SCRRA, Member Agency and Operating Railroad transit operations on or near the Right-of-Way and any other persons or companies employed, retained or engaged by SCRRA or Member Agency. The Contractor, on behalf of itself and its Personnel (as defined in Section 5, "Indemnification") as a material part of the consideration for this Agreement, hereby waives all claims and demands against the Indemnitees for any such loss, damage or injury of the Contractor and/or its Personnel. The Contractor waives the benefit of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The provisions of this Section shall survive the termination or expiration of this Agreement. 7. Insurance The Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect during the term of this Agreement insurance as required by SCRRA or Member Agency in the amounts, coverage, and terms and conditions specified, and issued by insurance companies as described on Exhibit "A". SCRRA or Member Agency reserve the right, throughout the term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement. Prior to entering the Right-of-Way or performing any work or maintenance on the Right-of-Way, the Contractor shall furnish SCRRA with insurance endorsements or certificates in the form of Exhibit "B", evidencing the existence, amounts and coverage of the insurance and signed by a person authorized by the insurer to bind coverage on its behalf. In most instances, SCRRA and Member Agency do not allow self- insurance; however, if the Contractor can demonstrate assets and retention funds meeting SCRRA and Member Agency self-insurance requirements, SCRRA and Member Agency may in SCRRA's sole and absolute discretion permit the Contractor to self-insure. The right to self- insure with respect to any coverage required hereunder may be granted or revoked at the sole and absolute discretion of SCRRA or any Member Agency. SCRRA or Member Agency shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by the Contractor under this Agreement. Contractor affirms that all subcontractors covered by this Agreement are insured to the samelimits required of the Contractor or included in Contractor's policy. Prior to the expiration of any policy, the Contractor shall furnish SCRRA with certificates of renewal or "binders" thereof. Each certificate shall expressly state that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days prior written notice to SCRRA and Member Agency. 8. No Assignment The Contractor shall not assign this Agreement or any right hereunder without SCRRA's and Member Agency's prior written consent. SCRRA FORM NO.6 Page 4 of 14 Rev:02/03/15 316 METROLINK® , Southern California Regional Rail Authority 9. Compliance by Contractor The Contractor shall take all steps necessary to assure that its subcontractors comply with the terms and conditions of this Agreement and applicable laws and regulations. The Contractor shall assure that no lien is placed against the Right-of-Way arising from performance of work hereunder by Contractor or any subcontractor, and in the event of such a lien, Contractor shall immediately remove or cause to be removed such lien. 10. Safety and Protective/Flagging Services Notification The Contractor and his subcontractors shall be required to attend a SCRRA Safety Orientation Class prior to receiving permission to enter the Right-of-Way. The Contractor shall request SCRRA's consultant/contractor for safety training by calling 1-877-452-0205 to arrange for third party safety training. Allow 72 hours from the request for safety training to arrange the training. Upon completion of safety training and prior to start of work activities, the Contractor shall notify SCRRA's consultant/contractor at (714) 920-9037 a minimum of fifteen (15) working days prior to beginning work on the Right-of-Way and secure any safety EIC services SCRRA deems necessary. This prior notification does not guarantee the availability of on-track safety protection for the proposed date of work. In no event shall SCRRA be liable to Contractor in the event that track safety protection cannot be provided due to force majeure event or for any other reason. SCRRA will advise Contractor as soon as reasonably practicable once it is determined that track safety protection will be unavailable on a proposed date of construction. 11. SCRRA Safety and Protective Services The Contractor must request and arrange for on-track safety protection satisfactory to SCRRA in the following circumstances: A. When the Contractor's work activities are within the right-of-way of SCRRA. B. When the Contractor's work activities are located over or under a track or tracks. C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip-over or other catastrophic occurrence. D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines and facilities of SCRRA. E. When any excavation is performed below the elevation of the track sub-grade, or track or other railroad facilities may be subject to movement or settlement. F. When work in any way interferes with the safe operation of trains at timetable speeds. G. When any hazard is presented to railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. H. When clearing, grubbing, grading, or blasting is in proximity to the right-of-way which, in the opinion of SCRRA or representative of an SCRRA Member Agency, may endanger the right-of-way or operations. I. When street work and maintenance activities, located within the right-of-way or in the SCRRA FORM NO.6 Page 5 of 14 Rev:02/03/15 317 Southern Calrfornia Regional Rad Authority vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and vehicles. The Contractor, and his subcontractors, shall complete SCRRA's Safety Orientation Class, as instructed in Item 10. Upon completion individuals will received a safety sticker which shall be adhered to their hardhat while working on railroad Right-of-Way as proof of completion of safety training. 12. Underground Utilities Signal, communication, fiber-optic, petroleum, natural gas, electric power and other utilities are present in SCRRA right-of-way. The Contractor shall contact the Southern California Underground Service Alert (DigAlert) at 811 to locate underground utilities. SCRRA is not a member of DigAlert. The Contractor shall call SCRRA at (909) 592-1346 a minimum of five days prior to beginning work to mark SCRRA's signal and communication cables and conduits. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits, danger to train operations, and release of potentially hazardous or flammable compounds. 13. Reimbursement of Costs and Expenditures The Contractor agrees to reimburse SCRRA or any Member Agency and/or any Operating Railroad for all cost and expense incurred by SCRRA or Member Agency in connection with work and safety services, including without limitation the expense of engineering plan review, administrative costs to process approvals and agreements, annual overhead rates, safety training, utility markings, and SCRRA EIC and protective services as SCRRA deems necessary. Contractor agrees to reimburse SCRRA for all work related services including but not limited to installation and removal of falsework beneath tracks, restoration of railroad roadbed and tracks, installation of appropriate protective devices, temporary and permanent repairs of signal or communication equipment, restoration of the Right-of-Way to a condition satisfactory to SCRRA's and Member Agency's representative. The Plan review, administrative, safety training, and utility marking costs and fees paid to SCRRA as a part of the Right-of-Entry are not refundable. Refer to SCRRA's Schedule of Fees for more information. The Contractor agrees to reimburse SCRRA or any Member Agency actual cost and expense incurred for flagging services and work performed in connection with said work, including annual overhead rates. SCRRA will charge the Contractor four hours minimum for the mandatory safety training class and for other services four hours or less in duration. SCRRA will charge the Contractor for eight hours minimum if the Contractor cancels SCRRA services after SCRRA EIC or SCRRA Safety Training Officer is on site on the day of the appointment. The Contractor also agrees to reimburse SCRRA, any Member Agency and/or any Operating Railroad for any and all cost and expense incurred as a result of Contractor's work which may result in (i) unscheduled delay to the trains or interference in any manner with the operation of trains, (ii) unscheduled disruption to normal train operation, (iii) unreasonable inconvenience to the public or private user of the system, (iv) loss of revenue and (v) alternative method of transportation for passengers. SCRRA will submit final bills to the Contractor for cost incurred. SCRRA FORM NO.6 Page 6 of 14 Rev:62/03/15 318 NI QLINJ1<. Southern California Regional Rail Authority SCRRA will provide the cost of all SCRRA services based on Contractor's input. Prior to commencement of work, the Contractor shall provide deposit representing the estimated expense to be incurred by SCRRA and Member Agency in connection with said work. As the work progresses, SCRRA may require additional progress payments as the scope of work changes or becomes clearer. SCRRA may discontinue services to Contractor pending receipt of progress payments. The deposit and progress payments shall be applied to SCRRA's and Member Agency's actual costs and expenditures. The Contractor shall be responsible to pay any amount exceeding the above payments upon receipt of notice or invoice by SCRRA. SCRRA shall exercise its best efforts to provide final invoicing to Contractor within 90 days following completion of the work; however, Contractor acknowledges that it shall be responsible for payment of all expenses incurred by SCRRA and Member Agency in connection with the work even if the final invoicing is provided to Contractor thereafter. Upon completion of all work, any payments in excess of SCRRA's and Member Agency's costs and expenditures shall be returned to the Contractor within a reasonable time. If the Contractor stop the work in the right-of-way for three months or longer and then plans to resume the work, he/she shall notify SCRRA as per contact information shown in Section 18 prior to resumption of the work. 14. Temporary Traffic Control Temporary traffic control shall be used when a maintenance or construction activity is located on the Right-of-Way or when the activity is located in the vicinity of a highway-rail grade crossing, which could result in queuing of vehicles across the railroad tracks. Temporary traffic control will comply with the current editions of the CA MUTCD, WATCH and SCRRA Engineering Standard ES4301. Refer to SCRRA's "Temporary Traffic Control Guidelines" for further information on definitions, referenced standards, traffic control plans, submittals, traffic control elements and responsibility/authority for temporary traffic control at highway-rail grade crossings. The guidelines provide acceptable alternatives and procedures, which prescribe appropriate temporary traffic control measures at highway-rail grade crossings. 15. Environmental Health and Safety Plan Contractor shall immediately notify SCRRA and the appropriate regulatory agency (ies) of any spill, release, discharge or discovery of any hazardous material or contaminants in, on or under the Right-of-Way. After providing such notice to SCRRA and the appropriate regulatory agency (ies), any contaminated soils or hazardous materials which are spilled, released, discharged or discovered by the Contractor, shall be promptly removed and disposed of by Contractor in accordance with all the applicable laws at Contractor's sole cost and expense. To the extent preexisting contamination or hazardous material, which was not caused or contributed to by Contractor, is discovered or unearthed by Contractor, Contractor shall only be obligated by this provision to removing and disposing of that portion of the contaminated soils or hazardous materials that are unearthed or otherwise disturbed during Contractor's operations. Prior to entry onto the Right-of-Way, Contractor (s) performing trenching, excavations or soil borings may be required by SCRRA to submit a "Hazardous Materials Work Plan." If required, said plan shall include Contractor's site-specific health and safety plan and any other information that SCRRA may require. Contractor shall ensure that all documentation for transportation or disposal of contaminated soils of hazardous materials is prepared in the Contractor's name only and that neither SCRRA nor Member Agency shall have any responsibility or liability therefor. Contractor shall defend and indemnify SCRRA for SCRRA FORM NO.6 Page 7 of 14 - Rev:02/03/15 3 1 9 ETROLINII‹. Southern California Regional Rail Authority any spill, release or discharge of contaminants or hazardous materials by Contractor in connection with activities hereunder in accordance with Section 5 Indemnification. 16. Warranty for Plan Review Review and or approval of the plans and calculations by SCRRA shall not relieve the Contractor of responsibility for full compliance with contract requirements, correctness of design drawings and details, proper fabrication and construction techniques and coordination with other government and private permitting agencies, nor shall such review or approval by SCRRA in any way relieve Contractor from, or otherwise modify, Contractors' indemnity obligations (Section 5) or assumption of liability obligations (Section 6). Execution of this right of entry does not imply design warranty or responsible charge on the part of SCRRA engineering employees. The parties expressly agree that SCRRA makes no warranty of any kind and assumes no responsibility therefor. 17. Emergency Telephone Numbers The Contractor must immediately contact SCRRA in case of accidents, personal injury, defect in track, bridge or signals or any unusual condition that may affect the safe operation of the railroads. The following are SCRRA's emergency numbers: Signal Emergencies and Grade Crossing Problems (888)446-9721 Metrolink Chief Dispatcher (909) 596-3584 or(888)446-9715 Metrolink Sheriffs Dispatch Center (323) 563-5280 Signal and Communications Cable Location (909) 592-1346 18. Notices Except as otherwise provided in this agreement, all notices, statements, demands, approvals or other communications to be given under or pursuant to this agreement will be in writing, addressed to the parties at their respective addresses as provided below and will be delivered in person or by certified or registered mail, postage paid or by telegraph or cable, charges pre- paid. SCRRA: Assistant Director, Standards and Design Southern California Regional Rail Authority (SCRRA) 2558 Supply Street Pomona, CA 91767 Attn: Mr. Christos Sourmelis - ROW Encroachments Coordinator E-mail: sourmelisc@scrra.net Office Number: (909) 392-8463 Contractor: Contractor's address is shown on the next page. 19. California LawNenue This agreement shall be construed and interpreted in accordance with and governed by the laws of the State of California. Venue shall be located in courts in Los Angeles County. SCRRA FORM NO.6 Page 8 of 14 - Rev:02/03/15 320 ME-MOLINI‹m Southern California Regional Rail Authority The Contractor hereby agrees to the terms as set forth in this Agreement and hereby acknowledges receipt of this Agreement and of the insurance certificate forms (Exhibits A& B) herein provided. (Name of Contractor) (Signature) (Address) (Print Name) (Title) (Telephone) (Contractor's State License No.) (Fax) (Email) Receipt of the foregoing agreement and certificated of insurance furnished by the Contractor are hereby acknowledged on this day of 20 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY By: ROW Encroachments Coordinator By: Assistant Director, Standards and Design [Approved As To Form By Legal Counsel] SCRRA FORM NO.6 - Page 9 of 14 Rev:02/03/15 3 21 METI QLINI< Southern California Regional Rail Authority EXHIBIT"A" INSURANCE REQUIREMENTS FOR RIGHT OF ENTRY AGREEMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to Right-of-Way, which may arise from or in connection with the performance of the work by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: ❑D Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). • Insurance Services Office form No. CA 0001 (Ed. 1/87)covering Auto. Liability, code 1(any auto). I] Worker's Compensation insurance as required by the State of CA. & Employer's Liability Insurance. ❑ Course of Construction insurance form providing coverage for"all risks"of loss. ❑ Property insurance against all risks of loss to any tenant improvements or betterment. ❑ Contractor's Pollution Liability 2. Minimum Limits of Insurance Contractor shall maintain limits no less than: I1 General Liability: $2,000,000 per occurrence for bodily injury, personal injury and Property damage. ❑x If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. El Automobile Liability: $1,000,000 per accident for bodily injury and property damage. El Employer's Liability: $1,000,000 per accident for bodily injury or disease. ❑ Course of Construction: Completed value of the project. ❑ Property Insurance: Full replacement cost with no coinsurance penalty provision. ❑ Contractor's Pollution Liability: $1,000,000 per occurrence/$2,000,000 annual aggregate 3. Certificate Holder/Additional Insured Certificate holder and/or insured will be the following: Southern California Regional Rail Authority(SCRRA) Additionally Insured will be the following: Los Angeles County Metropolitan Trans.Auth. (MTA) Burlington Northern Santa Fe Corp.(BNSF) Orange County Transportation Authority(OCTA) Union Pacific Railroad Company(UPRR) Riverside County Transportation Commission(RCTC) National Railroad Passenger Corp.(AMTRAK) San Bernardino Associated Government(SANBAG) Ventura County Transportation Commission(VCTC) 4. Railroad Protective Liability Insurance ElRailroad Protective Liability Insurance The Contractor shall provide, with respect to the operations they or any of their subcontractors perform on the Right-of-Way, Railroad Protective Liability Insurance, AAR-AASHTO (ISO/RIMA) in the name of the SCRRA with additional insured specified in Section 3 above. The policy shall have limits of liability of not less than $2 million per occurrence, combined single limit, for coverage and for losses arising out of injury to or death of all persons and for SCRRA FORM NO.6 Page 10 of 14 Rev:02/03/15 3 2 2 METROLINI<.. Southern California Regional Rail Authority physical loss or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply. If coverage is provided on the London claims-made form, the following provisions shall apply: A. The limits of liability shall be not less than $3 million per occurrence, combined single limit. A$9 million aggregate may apply. B. Declarations item 6, extended claims made date, shall allow an extended claims made period no shorter than the length of the original policy period plus one year. C. If equivalent or better, wording is not contained in the policy form, the following endorsement must be included: It is agreed that "physical damage to Property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings. For certain low-hazard activity, Contractor may request that the SCRRA and Member Agency waive the requirement to provide the Railroad Protective Liability Insurance. If the exposure to the track is physically separated by a building, floor or a continuous fence (no thoroughfares) and the employees of the Contractor are explicitly notified that they are not permitted to have any contact with the track, the Railroad Protective Liability Insurance requirement may be waived by SCRRA's Manager Public Projects or his/her designated representative. 5. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by SCRRA and Member Agency. At the option of SCRRA, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects SCRRA and Member Agency, its officials and employees or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: A. SCRRA and Member Agency, its subsidiaries, officials and employees are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to SCRRA and Member Agency, its subsidiaries, officials and employees. B. For any claims related to this work, the Contractor's insurance coverage shall be primary insurance as respects SCRRA and Member Agency, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by SCRRA and Member Agency, its subsidiaries, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCRRA and Member Agency, its subsidiaries, officials and employees. SCRRA FORM NO.6 Page 11 of 14 Rev:02/03/15 323 MET Q L.I IV l< Southern California Regional Rail Authority D. The Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to SCRRA and/or Member Agency. Course of Construction policies shall contain the following provisions: A. SCRRA and Member Agency shall be named as loss payee. B. The insurer shall waive all rights subrogation against SCRRA and Member Agency. 7. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise approved by SCRRA and Member Agency. 8. Verification of Coverage Contractor shall furnish SCRRA with original endorsements evidencing coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by SCRRA. All endorsements are to be received and approved by SCRRA before work commences. As an alternative to SCRRA's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by. these specifications. 9. Subcontractors Contractor shall include' all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 10. Train Services • The train traffic information is available on SCRRA's website at www.metrolinktrains.com (About Us, Engineering and Construction). The following is the direct link to the file. http://www.metrolinktrains.com/pdfs/EngineeringConstructionlTrainTrafficDensitvExhibitforSC RRASystem.pdf 11. Submittal The original insurance policy (s) shall be submitted to: Assistant Director, Standards and Design Southern California Regional Rail Authority(SCRRA) 2558 Supply Street Pomona, CA 91767 Attn: Mr. Christos Sourmelis- ROW Encroachments Coordinator E-mail: sourmelisc@scrra.net Office Number: (909) 392-8463 SCRRA FORM NO.6 Page 12 of 14 Rev:02/03/15 3 2 4 METROLINIIk. -- Southern California Regional Rail Authority EXHIBIT"B" RAILROAD PROTECTIVE LIABILITY POLICY DECLARATION POLICY Insurance Company: Policy Number: Policy Period: From: To: 12:01am Standard time at location CERTIFICATE HOLDER AND ADDITIONALLY INSURED Certificate Holder/insured: Southern California Regional Rail Authority(SCRRA) 2558 Supply Street,Pomona, CA 91767 Additionally Insured: Los Angeles County Metropolitan Transportation Authority(MTA) Burlington Northern Santa Fe Corporation(BNSF) Orange County Transportation Authority(OCTA) Union Pacific Railroad Company(UPRR) Riverside County Transportation Commission(RCTC) National Railroad Passenger Corp. (AMTRAK) San Bernardino Associated Governments(SANBAG) Ventura County Transportation Commission(VCTC) LIMITS OF INSURANCE Aggregate Limit $6,000,000 Each Occurrence Limit $2,000,000 DESCRIPTION OF WORK AND JOB LOCATION(S) • NAME AND ADDRESS OF DESIGNATED CONTRACTOR NAME AND ADDRESS OF INVOLVED GOVERNMENT AUTHORITY OR OTHER CONTRACTING PARTY PREMIUM Contract Cost Premium Base Rate per 1,000 of Advance Premium FORM OF ENDORSEMENT Title Number COUNTERSIGNATURE Countersigned by Date (Authorized Representative) SCRRA FORM NO.6 Page 13 of 14 Rev:02/03/15 325 ETfZ O L 1 N 1‹. Southern California Regional Rail Authority EXHIBIT"B CERTIRCATEOF'INSURANCE ISSUE DATE(MM/DD/YY) Southern California Regional Rail Authority(SCRRA) PRODUCER ' THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND OR ALTER THIS COVERAGE AFFORDED BY THE POLICY BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C LETTER COMPANY D LETTER COMPANY E LEITER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENTS,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVF RFFN REDUCED AY PAID CI AIMS CO TYPE OF INSURANCE POLICY POLICY POLICY LIMITS LTR NUMBER EFFECTIVE EXPIRATION DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ ❑COMMERCIAL GENERAL PRODUCTS-COMP/OP AGG. $ UABILITY PERSONAL&ADV.INJURY $ ❑CLAIMS MADE 0 OCCUR. EACH OCCURRENCE $ 0 OWNER'S&CONTRACTOR'S FIRE DAMAGE(Any one fire) $ PROT. MED.EXPENSE $ ❑OTHER (Any one person) AUTOMOBILE UABILITY COMBINED $ ❑ANY AUTO SINGLE LIMIT 0 ALL OWNED AUTO 0 SCHEDULED AUTOS BODILY INJURY $ ❑HIRED AUTOS (Per person) ❑NON-OWNED AUTOS 0 GARAGE LIABILITY BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EXCESS UABILITY EACH OCCURRENCE $ ❑UMBRELLA FORM ❑OTHER THAN UMBRELLA FORM AGGREGATE $ PROPERTY INSURANCE AMOUNT OF INSURANCE $ 0 COURSE OF CONSTRUCTION WORKER'S COMPENSATION STATUARY LIMITS AND EACH ACCIDENT $ EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above-described policies will be canceled,limited in scope of coverage or nonrenewed until after 30 days'written notice has been given to SCRRA at the address indicated below. 2. As respects operations of the named insured performed on behalf of SCRRA,the following are added as additional insured on all liability insurance policies listed above:SCRRA, its Member Agencies,Operating Railroads,its subsidiaries,officials and employees. 3. It is agreed that any insurance of self-insurance maintained by SCRRA will apply in excess of and not contribute with,the insurance described above. 4. SCRRA is named a loss payee on the property insurance policies described above,if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against SCRRA 6. Any failure by the insured to comply with reporting or other provisions of the policies including breathes of warranties shall not affect coverage provided to SCRRA,its Member Agencies,its subsidiaries,offidafs and employees. 7. The worker's compensation insurer named above if any,agrees to waive all rights of subrogation against SCRRA for injuries to employees of the insured resulting from work for SCRRA or use of Member Agencies premises or facilities. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Southern California Regional Rail Authority(SCRRA) 2558 Supply Street,Pomona,CA 91767 SIGNATURE TITLE ADDITIONAL INSURED PHONE NO. MTA,OCTA,RCTC,SANBAG,VCTC,BNSF,UPRR,AMTRAK SCRRA FORM NO.6 Page 14 of 14 Rev:02/03/15 3 2 6 METROLINK SITE SPECIFIC WORK PLAN (SSWP) SITE SPECIFIC WORK PLAN (SSWP) SCOPE OF SSWP All SSWPs shall be submitted in writing a minimum of 15 calendar days prior to the scheduled start of work within the SCRRA right-of-way. SCRRA will require a SSWP for all proposed work in or adjacent to SCRRA right-of-way that affects the operation and safety of Metrolink passengers and trains. Provide detailed information on each task for SCRRA review and approval. A SSWP Checklist shall be submitted to SCRRA. TASK DESCRIPTION Contractor Provide the name and address of the contractor. Scope Provide a brief description of the work. Description shall include all activities necessary to perform construction task within SCRRA right-of- way, including use of grade crossings, main tracks, siding, stations, and proposed storage area. Brief Schedule List the project beginning and end dates, as well as time for the proposed activities. Location Identify the city, county, subdivision name, mile post limits, tracks, sidings of the proposed work activity. Equipments Identification of all equipment necessary for the successful completion of the work activities. All equipment shall be inspected, calibrated, and certified by the contractor for performing work in and around SCRRA right-of-way. Provide plan illustrating locations of equipment during build- up of equipment. Material and Identify all materials required for the completion of the work activity. Staging Identify the placement of all personnel and material to allow for schedule adherence. Identify proposed haul roads, methods of separating construction vehicles from railroad operations, truck staging locations. Provide crane capacity, locations and positions during hoisting. Schedule Detailed summary of the work activity. All work with a potential to impact normal functioning of any part of the operating system shall include a detailed schedule of events indicating the expected hourly progress of each activity that has duration of one hour or longer. The schedule shall include a time at which all activities planned will be completed. Failure of the contractor to complete the scheduled activities by the planned time or to put in place an approved contingency plan may adversely impact the operations of SCRRA. Haul Routes Identify the routes that will be used by the trucks to deliver materials. Contractor will communicate with sub-contractors the safety of the railroad and adherence to safety procedures while delivering materials to the right-of-way. Safety Plan Identification of proper personnel protective equipment (PPE) and work area. Provide plan for safety training, utility notifications, work windows, and measures to perform work activities to effectively reduce the amount of time and effort required during the approved work windows identified and submitted. Contingency Plan Include back-up or contingency plans for putting the system back in operation in case of emergency or in case the contractor fails to perform SCRRA Page 1 April 01,2012 327 . METROLINK SITE SPECIFIC WORK PLAN (SSWP) and complete the work on time. Contingency plan shall address the various stages of construction. Worksite Names, title, phones (office and cellular), e-mail address and date and Representative time of availability. Emergency Written procedures for responding to emergencies (phones, contact Response Plan numbers, addresses and maps) for incident, police, ambulance, fire and medical (hospitals). Provide First-aid kit and fire extinguisher at the field location. Name, title and phones (office and cellular) of all responsible persons who can be contacted for emergency. Excavation Plan Provide excavation support plans and calculations. Excavation plans (If necessary) shall meet Caltrans, OSHA, and SCRRA requirements. Refer to SCRRA's Excavation Support Guidelines. Boring and Provide plans and profile of casing and carrier pipes. Provide details and Jacking Plan calculations of boring and excavation. Soil boring data and analysis, (If necessary) track monitoring plans and pressure grouting plans shall be submitted. Refer to SCRRA's Engineering Standard ES5001 or ES5002. Drilling and Pile Provide plans of pile layout and developed elevation of finished Driving Plan structures. (If necessary) Falsework Plan Provide falsework installation, stripping and lowering plans and (If necessary) calculations for review and approval. Temporary Traffic Submit temporary traffic control pans for any traffic control affecting Control Plan grade crossings and disrupting normal operation of grade crossing (If necessary) protection. Temporary Traffic control plans shall meet CA MUTCD, WATCH and SCRRA requirements. Refer to SCRRA Temporary Traffic Control Guidelines and SCRRA Engineering Standard ES4301. SCRRA Page 2 April 01,2012 328 METROLINK SITE SPECIFIC WORK PLAN (SSWP) SITE SPECIFIC WORK PLAN (SSWP) CHECKLIST ITEM YES NO NIA IF NO, EXPLAIN Equipment All equipment necessary for the work is identified? Procedures for all equipments to be inspected, calibrated and certified established? Material and Staging Materials required for work identified? Personnel required for work identified? Plan illustrating locations of materials and equipment during build-up of equipment and prior to hoisting submitted? Plan illustrating crane capacity, locations and positions during hoisting submitted? Schedule A schedule of the work, showing each activity and where and how it affects normal operation submitted? Detailed schedule indicating the expected hourly progress of each activity that has duration of one hour or longer submitted? All SCRRA furnished services and time line identified on the schedule? Haul Routes Routes used by the trucks to deliver materials identified? Sub-contractors are communicated with haul routes, safety of the railroad and safety procedures while delivering materials to the right-of-way? Truck staging locations identified? Safety Plan Proper personnel protective equipment(PPE) identified? Safety training scheduled and completed? SCRRA signal and communication cables located? Ticket number obtained? DigAlert ticket number obtained for the project? Work windows are identified for the constructions? Measures to perform work activities to effectively reduce the amount of time and effort required during the approved work windows identified and submitted?, Worksite hazards identified? Contingency Plan Back-up or contingency plan and necessary resources (labor, equipment, materials)to assure that all appropriate measures are available for the return to full service submitted? Contingency plan addresses the various stages of work? Worksite Representatives Name,title, phones (office and cellular), e-mail address, SCRRA Page 3 April 01,2012 329 - METROLINK SITE SPECIFIC WORK PLAN (SSWP) date and time of availability provided to SCRRA? Emergency Response Plan Written procedures for responding to emergencies for incident, police, ambulance, fire and medical(hospital) submitted? First-aid kit and fire extinguisher will be located at field • location? Name,title and phones(office and cellular)of all responsible persons who can be contacted for emergency provided? Excavation Plans (If necessary) Limits of excavation with slope lines indicated? Excavation support plans including calculations submitted? Type and models of equipment proposed for use submitted? Operational limits of equipment(including swing radius or overhang distance submitted? Plan and elevation illustrating location of equipment with respect to track submitted? Stock pile areas? SCRRA Shoring Submittal Design Checklist as per SCRRA Excavation Support Guidelines,Appendix A submitted? SCRRA Shoring Submittal Review Checklist as per SCRRA Excavation Support Guidelines,Appendix B submitted? Boring and Jacking Plans (If necessary) Plan and profile of casing and carrier pipe submitted? Location and size of jacking and receiving pits shown? Engineering details and calculations submitted? Soil boring data and analysis submitted for pipes equal or greater than 48"in diameter? Track monitoring plans submitted for pipes equal or greater than 48" in diameter as per Section 9,Track Monitoring of SCRRA Excavation Support Guidelines? Boring, tunneling or jacking operation will be continuous without stoppage when the casing is 20 feet from the nearest track? Immediately after completion of jacking operation, the installation shall be pressure grouted? Boring and Jacking meet SORRA Engineering Standard ES5001 or ES5002 requirements? Drilling and Pile Driving Plans (If necessary) Plan of pile layout and developed elevation of finished structure with intermediate excavation levels indicated? Type, model, location, operation limits of cranes submitted to SCRRA? Pick plan for hoisting of large or heavy materials submitted? Falsework Plan (If necessary) Plans of falsework and calculations submitted? Falsework erection plans submitted? Plans of stripping and lowering of falsework including schedule submitted? SCRRA Page 4 April 01,2012 330 - �. METROLINK SITE SPECIFIC WORK PLAN (SSWP) Methods of securing beams and stringers to bents submitted? SCRRA Falsework Submittal Checklist as per SCRRA Grade Separation Guidelines submitted? Temporary Traffic Control Plans(If necessary) Temporary traffic control plans submitted? Approval of Temporary traffic control plan obtained from local authority? Temporary traffic control plan meet CA MUTCD, WATCH and SCRRA requirements? Temporary traffic control plan meet SCRRA guidelines and Engineering Standard ES4301 requirements? SCRRA Page 5 April 01,2012 331 APPENDIX V SAMPLE METROLINK RIGHT OF WAY ENCROACHMENT PROCESS 82000-0016\1800815v4.doc Appendix V 3 3 2 j METROLINK SCRRA RIGHT-OF-WAY ENCROACHMENT PROCESS APRIL 2013 333 MICI LIN1<. SoutnPm caixo...:a rzeq:o.,ei Rani n..enoay SCRRA Right-of-Way Encroachment Process SCRRA RIGHT-OF-WAY ENCROACHMENT PROCESS 1.0 General A. All work activities within the SCRRA operating corridor and right-of-way, or work activities that affect the operation or safety of trains must be reviewed and approved by SCRRA. Typical work activities reviewed and approved by SCRRA include pipelines (water, sewer, gas, oil, stormwater), wirelines (electrical, traffic, fiber optic cables), surveying, filming, operation and maintenance activities, and house moving or movement of oversized loads across railroad tracks. B. SCRRA instructions, standards and forms are available on its website at www.metrolinktrains.com (About Us, Engineering and Construction). Links has been provided for documents necessary for this application in Section 14.0, Application Links, Page 6. 2.0 System Map A. SCRRA (aka Metrolink) is a five-county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to plan, design, construct, and then maintain and administer the operation of the regional passenger rail lines serving the counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura. SCRRA plans, designs, builds, operates, and maintains a commuter rail system in the five-county area on rail rights-of-way owned by the member agencies. Two major freight rail carriers, BNSF Railway Company(BNSF) and Union Pacific Railroad (UPRR), and the inter-city passenger carrier Amtrak, operate on SCRRA tracks through shared track agreements. SCRRA in turn operates on tracks owned by BNSF, UPRR, and North County Transit District (NCTD). Figure 1 shows the Metrolink System including stations and connecting rail transit lines. 3.0 Submittal A. The general application process is shown on the Encroachment and Right-of- Entry Submittal and Approval Process Chart, Table 1 and Encroachment and Right-of-Entry Procedures Flow-Chart, Table 2. 2.0 Application A. The application package consist of a written statement, Application Form, plan and profile drawings, schedule, existing license agreement (if applicable), and application processing fees. The Applicant will submit these documents to SCRRA review and approval. SCRRA will review the submittal to make sure it meets all SCRRA requirements. SCRRA will send comments to Applicant if necessary to revise the application and drawings. Once the submittal is SCRRA ROW Encroachment Process 1 April 2013 334 NIET1 I 1L.. I 1-41��, SCRRA Right-of-Way Encroachment Process Se «er Calrtornia Regional Rad Au hor y acceptable, SCRRA will either request a license agreement from Member Agencies for permanent facilities or ask the Applicant to submit construction related documents. B. The Applicant will complete the interactive Application Form included on SCRRA's website. The Application Form can be directly sent to SCRRA representative by e-mail after completion. 3.0 Plans and Drawings A. Plans and profiles will be submitted with each request. The plans should be clear, concise, and accurately reflect the design of the project that meets SCRRA standards and requirements. B. Drawing submittals shall include typical sections, plans, key maps, profiles, and cross sections. Drawings will be prepared on 11" x 17" sheets and PDF files shall be submitted to SCRRA. Drawings scale shall be 1"=200' for developed and undeveloped areas, 1"=100' in constrained urban areas and 1=50' for stations and crossings. 4.0 SCRRA Review and Fees A. SCRRA reviews application and plans for compliance to technical and safety regulations, including location of work, horizontal and vertical clearances to tracks, shoring, jacking and false work, any issue determined to impact safety or railroad operations, maintainability, drainage impacts, access to member agency property, compatibility with future plans for rail improvements or use of rail roadway, and existing underground railroad facilities. B. All encroachment requests require fees to be submitted by the Applicant. There are two types of fees. There is an initial non-refundable review fees which will be submitted for the review and approval of the initial submittal. The second is a deposit fees for signal and communication cable locations, safety training and flagging services. The construction services deposit will be an estimate only. The Applicant shall reimburse SCRRA the actual cost and expense incurred by SCRRA and its contractors and consultants for all services and work performed in connection with the project, including an allocated overhead representing SCRRA's costs for administration and management. Prior to approval of construction and prior to issuance of right- of-entry agreement, the Applicant will provide approximate number of days of construction and flagging services to SCRRA. SCRRA will estimate the deposit required from Applicant for signal and communication cable locations, safety training and flagging services. C. Please refer to SCRRA's Schedule of Fees for detail on fee schedule. All fees payments are to be made by check payable to, "Southern California Regional Rail Authority". D. SCRRA will charge the Applicant four hours minimum for the mandatory safety training class and for other services four hours or less in duration. - SCRRA ROW Encroachment Process 2 April 2013 335 M Southern Calrforr,ia Reg.onal Rail AutM1ority SCRRA Right-of-Way Encroachment Process SCRRA will charge the Applicant for eight hours minimum if the Applicant cancels SCRRA services after SCRRA Railroad Employee or SCRRA Safety Training Officer is on site on the day of the appointment. 5.0 Contacts A. All submittals to SCRRA shall be addressed to the following: Right-of-Way Encroachments Coordinator Southern California Regional Rail Authority 279 E Arrow Hwy, Suite 101 San Dimas, California 91773 Phone: (909) 394-3418 6.0 Process Time A. The time period for review and approval of all encroachment activities is estimated as shown below. Every effort will be made to complete the process in a timely manner. ITEM TIME (DAYS) Initial Application Process Application Processing 5-10 Review and Approval by SCRRA 10-30 Resubmittal by Applicant _ 10-20 Resubmittal Review and Approval by SCRRA 5-30 License Agreement Process Issuance of Real Estate Agreement by Member Agency 30-90 Construction Submittal Process Review and Approval by SCRRA 5-10 7.0 Licensing Process A. Member Agency real estate department will review applications for use of the right-of way. Right-of-Entry agreement cannot be granted by SCRRA until Member Agency real estate agreement is complete. B. Generally, agreement processing time will be between 30 - 90 days. Please allow sufficient time for document handling to desired construction date. Before construction begins, real estate agreements must be executed by the Applicant and the Member Agency. License fees will be submitted to the Member Agency directly. The application processing and construction services deposit does not include the license fees. C. The member agency contacts are as shown below: SCRRA ROW Encroachment Process 3 April 2013 336 M E-r .1=1 I N Southern California Regional Rail Authority SCRRA Right-of-Way Encroachment Process Member Contacts Agency Metro Manager, Property Management Los Angeles County Metropolitan Transportation Agency(Metro) P. O. Box 194 (1 Gateway Plaza, 14th Floor) Los Angeles, CA 90053 Phone:(213) 922-2435 OCTA Right of Way Administrator Orange County Transportation Authority (OCTA) P. O. Box 14184 (550 South Main Street) Santa Ana, CA 92613-1584 Phone:(714)560-5737 RCTC Assistant Director, Planning &Programming Riverside County Transportation Commission (RCTC) 3560 University Avenue, Suite 100 Riverside, CA 92501 (909) 787-7924 SANBAG Deputy Executive Director San Bernardino Associated Governments (SANBAG) 420 N. Arrowhead Avenue San Bernardino, CA 92401 (909)884-8276 VCTC Executive Director Ventura County Transportation Commission (VCTC) 950 County Square, Suite 207 Ventura, CA 93003 (805)642-1591 8.0 Insurance Requirements A. SCRRA requires that insurance coverage be provided prior to any entry and/or work activity within the railroad corridor for permanent and temporary encroachments. The requirements and insurance limits are shown on the SCRA's Temporary Right-of-Entry Agreement, SCRRA Form No. 6. Railroad Protective Liability Insurance, in addition to general liability insurance is required for permanent and temporary encroachments in the right-of-way. 9.0 Flagging Services A. The Applicant shall request and arrange for flagging services from SCRRA in the following circumstances: 1. When the work activities are within the right-of-way of SCRRA. 2. When the work activities are located over or under a track or tracks. 3. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip-over or other catastrophic occurrence. SCRRA ROW Encroachment Process 4 April 2013 337 1 MIETI-20LIN1<.„. Southern CalrFornia Regional Rail Aulhoriy SCRRA Right-of-Way Encroachment Process 4. When any excavation is performed below the elevation of the track sub-grade, or track or other railroad facilities may be subject to movement or settlement. 5. When work in any way interferes with the safe operation of trains at timetable speeds. 6. When street construction and maintenance activities, located within the right-of-way or in the vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and vehicles. B. Flagging service cannot be provided by any personnel other than SCRRA authorized consultant/contractor. The Applicant will contact SCRRA's consultant/contractor for at (714) 920-9037 to arrange for flagging services after approval of construction agreement by SCRRA. Flagging service is dependent on the Employee-In-Charge (EIC) availability and may require a minimum of fifteen working days prior to beginning work. Prior notification of flagging services does not guarantee the availability of the EIC for the proposed date of work. STEP 1 i STEP 2 STEP 3 STEP 4 STEP 5 SCRRA and Request to Applicant 1 SCRRA request Right-of-Entry ; Applicant calls Member for estimated days of 1 for deposit and agreement i SCRRA Agency flagging and need for ' Applicant t' (Form No.5 or 1 Consultant to approval safety training and7. submittal of 6)issued by request flagging cable marking deposit SCRRA i and safety training 10.0 Safety Training A. The Applicant and its contractors are required to attend a SCRRA Safety Orientation Class prior to receiving permission to enter the right-of-way. The I Applicant shall notify SCRRA's consultant/contractor for safety and flagging services at 1-877-452-0205 to arrange for third party safety training. Allow 24 to 72 hours from the request for safety training to arrange the training. Upon completion of safety training, the Applicant shall notify SCRRA's consultant/contractor at (714) 920-9037 a minimum of fifteen (15) working days prior to beginning work on the Right-of-Way and secure any protection SCRRA deems necessary. This prior notification does not guarantee the availability of on track safety protection for the proposed date of construction. B. The Applicant and/or the Contractor shall follow SCRRA rules and regulations, addressed in "General Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property” (available of SCRRA website). 11.0 SCRRA Cable Marking and Utilities A. The Applicant or the Contractor is responsible for the location and protection of any and all surface, sub-surface, and overhead utilities and structures. Approval of application by SCRRA does not constitute a representation as to the accuracy of completeness of location or the existence or non-existence of SCRRA ROW Encroachment Process 5 April 2013 338 Southern Ca,f€,.,a Regional Rail Authority SCRRA Right-of-Way Encroachment Process any utilities or structures within the limits of this project. B. Before excavating, the Applicant must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems, are present and located within the Project work area by calling the Southern California Underground Service Alert at 811. SCRRA is not a member of Underground Service Alert (DIGALERT) and SCRRA signal and communication lines must be located by contacting the SCRRA Signal Department. C. SCRRA is not a member of DIGALERT. The Applicant shall call SCRRA's Signal Department at (909) 592-1346 a minimum of five days prior to beginning construction to mark signal and communication cables and conduits. To assure cables and conduits have been marked, no work may proceed until you have been provided with an SCRRA dig number. The process to mark SCRRA cables is shown below. STEP 1 STEP 2 STEP 3 STEP 4 STEP 5_ Right-of-Entry Applicant calls SCRRA E&C will SCRRA C&S SCRRA E&C will agreement , SCRRA C&S at 0-0-, request location – +i will mark 1-1- provide C&S (Form No.5 (909)859-4100 from SCRRA cables Authorization or 6)issued to request cable C&S (3-5 working Dig number to d by SCRRA location (1-2 days) , days) Applicant D. In case of signal emergencies or grade crossing problems, the Applicant shall call SCRRA's 24-hour signal emergency number 1-888-446-9721. 12.0 Construction A. To comply with Federal requirements, the Applicant's person in charge must keep a copy of SCRRA's agreement at the job site at all times during the encroachment on the Property. Failure to provide necessary information and documents, failure to obtain and produce SCRRA agreements (including not having SCRRA agreement on the job site), or violation of SCRRA rules and regulations will result in the removal of the Applicant, the Contractor, their employees and equipments from the right-of-way. B. The Applicant and/or the Contractor shall follow SCRRA rules and regulations, addressed in "Rules and Requirements for Construction on Railway Property". C. All persons working on, over, or under the SCRRA right-of-way must be equipped with personal protective equipment meeting applicable OSHA and ANSI specifications. Employees, contractors, subcontractors, suppliers, agents or invitees of Applicant shall possess the personal protective equipment, including safety glasses with side shields, helmets (hard hats), safety shoes with hardened toes, high visibility ORANGE (and only orange) retro-reflective work wear, and SCRRA railroad safety training card. SCRRA ROW Encroachment Process 6 April 2013 339 N4 E-7-1 .111711 I__I Southern CalNorn;a Regional Rail Authority SCRRA Right-of-Way Encroachment Process 12.1 Shoring A. Shoring, cribbing and sheeting designed to support excavations or embankments shall be designed to support all lateral forces caused by the earth, vehicular traffic, construction equipment, temporary and permanent structures, and other surcharge loads in the vicinity of the excavation. Support or shoring located on the SCRRA right-of-way, or within the zone of influence from railroad loading, shall conform to the SCRRA Excavation Support Guidelines (available of SCRRA website). Designs for all temporary structures supporting tracks, or excavations adjacent to the tracks and within the zone of influence from railroad loading, shall include railway surcharge loading imposed by a Cooper E-80 live load. Any excavation adjacent to track must be covered and provide a uniform path and include with standard handrails when work is not actively underway. 12.2 Site Specific Work Plan(SSWP) A. The details of each construction activity affecting the operations, facilities, or right-of-way of SCRRA, or the operations or facilities of other railroads using the right-of-way, must be described in a Site Specific Work Plan (SSWP) prepared by the Applicant and submitted for review by SCRRA. SSWP requirements are available on SCRRA website. 13.0 As-Built Drawings A. The Applicant and/or the Contractor shall submit "AS-BUILT" drawings to SCRRA upon completion of the construction. SCRRA ROW Encroachment Process 7 April 2013 340 METI�OLINIL Soutl.e,rn California Regional Rail Autl.ririty SCRRA Right-of-Way Encroachment Process 14.0 Application Links Right-of-Way Encroachment Application Form http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/Right of Way Encroac hment Application.pdf Schedule of Fees http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/SCRRA ROE Schedul e of Fees.pdf SCRRA Form No. 4—Agreement for Moving Oversize Loads http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/SCRRA Form No 4.p df SCRRA Form No. 5—Indemnity and Assumption of Liability Agreement http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/SCRRA Form No 5.p df SCRRA Form No. 6—Temporary Right-of-Entry Agreement http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/SCRRA Form No 6 E xhibit.pdf SCRRA Form No. 37—Rules and Requirements for Construction http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/SCRRA Form No 37. pdf Site Specific Work Plan (SSWP) http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/Site Specific Work Pla n.pdf Train Traffic Density Exhibit http://www.metrolinktrains.com/pdfs/EngineerinqConstruction/Exhibit 24A 9 2009 Weekday Train Density.pdf General Safety Regulations for Third Party Construction http://www.metrolinktrains.com/pdfs/Eng ineeringConstruction/Rules Regulations Thir d Party Contractors 2009.pdf • SCRRA ROW Encroachment Process 8 April 2013 341 1•,1ET1 OLIN1< _ Sourl�Prn California Regional Rail Aurf,orify SCRRA Right-of-Way Encroachment Process Metrolink System Map Figure 1 A 0�°` tee* �° Q MAP NOT TO SCALE °\ ° o°�oe�b� Off\°�\O° `O.Qan��° Ooa° °�° QQ \50°(t ke �°°� °o`a* ...°oma° r r`,� 0,-, eJ o Cr O'k' ce 4�0 *6 Q ,�°�O °* O off\ o.°°°° �' - � 8 O (I J��° °°� * tip �¢, .e \� oc o�� k.,- „_ o °6� *ate •A'-' Ns • • • • • • • • • • • • .40 • • 0 * O • • • • Lam@ Q 4 ,es 4.. __ ..`` ” LAX Airport jQr `d`%�\ R°��° CT- ell °° o° �0% V •° `e"©4 �- ��t,°c l `6 * ,e. a Via''o e Q°o © .tie- 0 _ mutrolinMrains.cam John Wayne °° _ °o Sgt Airport METROLINK °4,, METROLINK ROUTES '--- Antelope Valley Line pn5 Rail Transfer Station °*. -Inland Empire-Orange County Line -" Orange County Line * Metrolink/Amtrak * / _ SPRINTER Shared Station To Escondido Riuenu Bernardino Line Amtrak Pacific Surf finer f O San mordine We Metro Rai/Mel Bus l4. ,L}- Ventura County LineCider. r 91 Line(Riunrn dn-Fellorton-LA) * °°' O SCRRA ROW Encroachment Process 9 April 2013 342 MET1Z' I=1LIIVI< ,, Sou herr.kalif orr.ia Ranrr...i Rnl Authority SCRRA Right-of-Way Encroachment Process Encroachment and Right-of-Entry Submittal and Approval Process Chart Table 1 Item Description Permanent Temporary Survey Operation & House Facility Encroachment and Maintenance Moving Filming Initial Submittal by Applicant A written statement stating reason, location X X X X and duration for encroachment SCRRA Application Form X X X X Plan and profile drawings X X X X Schedule X X X X X Existing License Agreement X Application Processing Fee to SCRRA X X X X X Review and Approval of Initial Submittal by SCRRA File and Project Number by SCRRA X X X X X SCRRA will verify compliance with SCRRA Engineering Standards, Guidelines and X X X X X Design Manuals Requirements Comments will be provided to the applicant, X X X X X if necessary License Agreement by Member Agency SCRRA will notify the Applicant of SCRRA's X approval SCRRA will notify the Member Agency to prepare a real estate agreement (license, X lease, easement, or permit) Issuance of real estate agreement by X Member Agency Construction Submittal by Applicant SCRRA Form No.4 X SCRRA Form No. 5 _ X SCRRA Form No. 6 X X Insurance certificates as described in the Temporary Right-of-Entry agreement, X X SCRRA Form No. 6 Site Specific Work Plan (SSWP) X X X Temporary Traffic Control Plans X X X Deposit Fees for Signal & Communication Cable Locations, Safety training, and X X X X X flagging Services Review and Approval of Construction Submittal by SCRRA Construction Safety Services Safety training request by Applicant X X X X SCRRA Dig Number is obtained by X X " X Applicant Signal and Communication Cable Locations X X X Flagging Services X X X X X Work by Applicant Legend: X= Information to be provided by the Applicant SCRRA ROW Encroachment Process 10 April 2013 343 M Emr CI I IV I< Southern Cal.(orna Rcqon�l Rai Avlhority SCRRA Right-of-Way Encroachment Process Encroachment and Right-of-Entry Procedures Flow-Chart Table 2 STEP 1 1 STEP 4 Initial Submittal by • ► Construction Submittal by Applicant I Applicant STfjP 2 Review of Initial ST P 5 Submittal by SCRRA Review of Construction Submittal by SCRRA No <; Approval No Approval Yes SCRRA Approval and I Yes Request for License Agreement sent to Member Approval of Construction Agency by SCRRA STEP 3 STEP 6 License Agreement sent by j Construction Safety Member Agency to I ► Services SCRRA • STEP 7 Work by Applicant SCRRA ROW Encroachment Process - 11 April 2013 344 APPENDIX VI METROLINK—GENERAL SAFETY REGULATIONS FOR THIRD PARTY CONSTRUCTION AND UTILITY WORKERS 82000-0016\1800815v4.doc Appendix VI 345 Emergency Information Form Work Location (Subdivision & Milepost) lei mETRIDLINK Nearest highway-grade crossing or if Inaccessible from roadway nearest city and directions. Nearby hospital and directions from job site Nearest Emergency Services: General Safety Ambulance: Regulations for Third Fire: Party Construction and Police: Utility Workers on Notify SORRA Contact SCRRA Property Contact Number: Emergency Number 2009 Grade Crossing Hotline Metrolink Operations Center (MOC) Signals Emergency 888-446-9721 ear Acknowledgement of Receipt General Safety Regulations for Third Party Construction participate in Third Party Construction and Utility Workers Safety and Utility Workers on SCRRA Property Training Program and pass a post test with 80% or better prior to beginning work. In addition, all Third Party Construction and Utility • Workers must have a copy of the"General Safety Regulations for Southern California Regional Rail Authority (SCRRA) is a joint Third Party Construction and Utility Workers on SCRRA Property" powers authority of five county transportation authorities, organized and understand their application. under the provisions of the Joint Powers Act, Section 6500 et seq. of the California Government Code and Section 130255 of the Have a copy of these rules and regulations in their possession while California Public Utilities Code. SCRRA builds, maintains, and on SCRRA property. operates the Metrolink commuter railway system within Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties. Immediately call to the attention of a supervisor any action not in compliance with these rules and regulations. The rules published herein are for the benefit of third party contractor personnel. Attend job briefings prior to beginning work, change in work, and/or fouling the track.A job briefing will be considered complete when Third party contractor employees must be knowledgeable of and each employee has acknowledged understanding of the On-Track obey these rules and instructions at all times. If in doubt as to the Safety Procedures and instructions by signing the Job Briefing Form. meaning or intent, the employee is responsible for asking for an explanation from the supervisor or SCRRA. Violation of any of these SCRRA will regularly make observations and advise the contractor to safety rules subjects the third party contractor to work stoppage until take necessary action(s)to ensure compliance with the"General compliance is reached. Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property". These rules and instructions supersede any previous safety rules and regulations governing third party contractors working on SCRRA property. The intention of these rules is toadvise third party contractor Chief of Safety and Security Officer personnel working on or adjacent to the SCRRA property on non . railroad work that safety is of the utmost importance. For this reason This is to certify that I have a copy of"General Safety Regulations for all third party contractor personnel working on or about SCRRA Third Party Construction and Utility Workers on SCRRA Property" property must and I understand and agree to abide by the Rules and Regulations outlined above. • Print Employee Signature Company Date . Sticker 1 Table of Contents The rules and regulations published herein are ACKNOWLEDGEMENT OF RECEIPT 1 for the benefit of third party contractor personnel TABLE OF CONTENTS 2 and others working on or adjacent to the SCRRA property on non railroad work. GENERAL RESPONSIBILITIES AND SAFETY 3 THIRD PARTY TRAINING PROGRAM 4 Prior to beginning work all third party contractor PERSONAL PROTECTIVE EQUIPMENT (PPE) personnel working on or about SCRRA property 4 must participate in a Third Party Construction JOB BRIEFINGS 5 and Utility Workers Safety Training Program and GENERAL SAFETY 6 pass the post test with a score of 80% or better. RIGHT OF WAY SAFETY 6 These "General Safety Regulations for Third HOUSEKEEPING 8 Party Construction and Utility Workers on SCRRA Property" must be in your possession ELECTRICAL............................. ... ..............8 any time you are on the right of way. EMERGENCY SITUATIONS 9 HEAVY EQUIPMENT 10 Third Party Contractor's Safety Training can be RAILROAD FLAGGING/PROTECTION 11 requested and scheduled by dialing the toll free TWO METHODS OF ON-TRACK SAFETY number at (877) 452-0205. (OTS) 12 RAILROAD TERMS 13 ZERO TOLERANCE SAFETY RULES............ 16 Updated January 2009 2 General Responsibilities and Safety assure the work is conducted safely. In all cases the contractors' employees must comply immediately with the instructions of the EIC. Overview Appeals: Right to Challenge These safety regulations govern activities while on Third party contractor employees may, during the SCRRA property whether on or off duty. Any work job briefing process, request clarification of the performed without obtaining proper authorization protection against trains being provided by the or in non-compliance with these rules will EIC, unless under watchman protection you may permanently jeopardize your ability to access challenge the role of the watchman. If the third railroad right-of-way. party contractor employee does not believe that the protection against trains is sufficient, the employee may at any time, in good faith, Employee in Charge (EIC) challenge the EIC's form of protection and must Duties and Responsibilities: On-Track Safety remain clear of all tracks until the challenge is resolved. The EIC, Contractor Supervisor and the SCRRA EICs are trained and qualified and are SCRRA Supervisor must resolve the challenge knowledgeable about the unique characteristics of before work can begin. SCRRA territory. No work may begin until the EIC or Watchman is present at work site and proper Appeals: EIC Decisions protection is being provided. If the third party contractor has concerns about instructions from the EIC, the contractor and The EIC will provide job briefings and protection to contractor employees must immediately comply assure the contractor a safe work environment with the EIC's instructions. After employees are and the safe passage of trains. The SCRRA EIC clear of tracks, the contractor may contact the has the authority to temporarily or permanently EIC's supervisor to resolve any concerns. In other halt work or to remove contractor employee(s) words, "comply, and then complain." from the right-of-way in order to 3 w m Third Party Training Program Personal Protective Equipment (PPE) Annually thousands of workers access the SCRRA All employees working on SCRRA property are required rights-of-way. Each worker must be qualified in "General to wear the following protective equipment (except in Safety Regulations for Third Party Construction and offices and motor vehicles): Utility Workers on SCRRA Property" each year. 1. Hard hats that meet the requirements of ANSI Z89.1 Upon completion of the program and passing of the post or ANSI Z89.2, as specified by CAUOSHA and /or test, each student will be given a sticker to be placed on Fed/OSHA must be worn. Metallic hard hats shall not their hard hat. The hard hat sticker will expire on be worn on any SCRRA project December 31st of the calendar year following your training. You must take the Third Party Construction and 2. Eye protection that meets the requirements of ANSI Utility Worker Safety Training Program course once a Z87.1 is required on SCRRA property. Eye protection year in order to remain a qualified Third Party Contractor with side shields which meets the requirements of on SCRRA property. The hard hat sticker is a proof of ANSI Z89.1 is required for those employees or training; it is not a right of entry permit. contractors falling under 49CFR 214. Permission to enter the SCRRA right-of-way must be 3. Safety vest with retro-reflective tape for night work or obtained through contact with SCRRA staff. These rules at railroad crossing must be worn. A safety T-shirt, apply to all types of work INCLUDING pre-plan work. All sweatshirt or jacket may be worn during the day. third party contractors working on or adjacent to SCRRA property must have, the SCRRA right-of-entry approved Proper attire includes: forms, a current SCRRA safety sticker on their hard hat, and an approved picture ID, such as current valid driver • Employees must wear a suitable shirt that license, and/or other employer issued ID with them at all provides protection from sun insects, abrasions or times when on property. scratches. Shirts must have a least quarter-length sleeves and cover the back, shoulders, chest and Additionally, all individuals working or otherwise entering abdomen. Clothing must not interfere with vision SCRRA rights-of-way must have a current copy of or hearing and must allow free use of hands and General Safety Regulations for Third Party Construction feet. Long pants are a must on SCRRA property. and Utility Workers on SCRRA Property. 4 w to • Type of track protection provided by the EIC PPE continued • Time and limits of the protection • Track(s) that may be fouled • Loose or ragged clothing must not be worn at • Status of other track(s) at worksite, anytime. • A designated place of safety where workers • Jewelry must not be worn when wearing of clear for trains such objects presents a hazard. • A designated assembly place in case of an emergency Appropriate footwear includes: • Designated work zones • Specific job(s) to be done or equipment • Safety boots; soles must give good traction on moves(s) to be made ballast and be puncture,resistant. • Responsibilities of each worker • Open toed, lounging or jogging-type shoes, • Method of notification of the approach of trains unlaced shoes or unbuckled overshoes, badly (i.e. air horn, "hot rail".) worn with loose sole shoes must not be worn • Further instructions may include an unusual or on SCRRA property. a specific reminder due to a hazardous condition or unusual practice. Job Briefings Additional job briefings will be given when: Job briefings are meetings among all of the employees • Working conditions or procedures change, who are involved or will be involved in a particular task or • Workers arrive late or new workers enter job at the same work site. The EIC or watchman is working limits responsible for conducting a job briefing before any task • The main track protection or time allowed to is performed. foul the track changes • Visitor(s) enter the work site. All information related to On-Track-Safety must be given in the job briefing to any worker who will enter railroad property. The minimum On-Track Safety information at each job briefing must include: A job briefing will be considered complete when each employee has acknowledged understanding of the On-Track • Designation of the EIC or Watchman Safety procedures and instructions by signing the Job Briefing Form. 5 • cJ to General Safety • Firearms or other deadly weapons, including SAFETY IS PARAMOUNT AND ALWAYS TOP knives with a blade in excess of three (3) PRIORITY. Safety takes precedence over deadlines, inches are prohibited on SCRRA property. production schedules, and all other considerations. When • Work on public streets, roadway crossings, and uncertainty arises, take the safest course. Remember highway bridges should be performed with due that accidents are a result of carelessness, unsafe regard for the convenience and safety of the practices, and lack of attention or complacency. All public. accidents can be avoided. Please be aware of the following rules at all times: Only authorized employees are allowed on engines, cars, cabooses, track cars or other • Using, possessing, or working under the railroad equipment. influence of alcohol and /or drugs is not permitted anywhere on railroad property. This Right of Way Safety includes prescription drugs that cause drowsiness or otherwise impair one's ability to When on or near the tracks, the following precautions perform their assigned task. must be taken: • The use or possession of unauthorized radio • Keep clear of all tracks unless the SCRRA EIC equipment is forbidden. Use of personal radios indicates that they are protected. No work must (i.e. IPods', MP3 players), and cell phone ear begin until the EIC is present at work site and a pieces while working is prohibited. job briefing has been conducted. • When using cellular phones you must remain • Always look both ways before crossing tracks. at least 25-feet from the nearest rail. • Always expect a train on any track at any time. • Horseplay, physical altercations, running or Expect movement of locomotives, railroad cars or jumping is forbidden. on-track equipment in either direction at any time. (Remember, there could be an uncontrolled movement.) 6 s Right of Way Safety continued • Work is not allowed within 50 feet of the track • Always step over the rails when crossing the centerline while trains are passing the work site. tracks. Never walk, stand, or sit on the rails. The Always stand as far back as possible to prevent rail surface can be extremely slippery. injury from flying debris or loose rigging. • Always face the direction from which the train or ▪ Always visually inspect all passing trains. If you on-track equipment is approaching. detect a dangerous condition, inform your EIC or watchman immediately. The EIC or watchman will • Avoid track switches. The switch points can move notify the train crew. unexpectedly and with enough force to crush ballast rock! Stand 150 feet from track switches • Always stop equipment while a train is passing when trains are approaching. Stay away from any through your working limits. No movement will be other railroad device of which you are not familiar. allowed toward an approaching train that would cause the engineer to believe the track might be • Always walk single file when crossing the tracks in fouled. a group. • Trains travel faster than they appear and are Never stand between adjacent tracks in multiple relatively quiet. Trains may operate with cab car • track territory when a train is passing. forward. You should not rely on past experiences to determine train schedule. Train schedules are Always cross at least 20 feet away from the end of unpredictable and are subject to changes and/or • equipment: i.e. engines, railroad cars, or on-track delays. equipment • Do not pass between standing locomotives, No job is so urgent it can't be done railroad cars or on- track equipment when there is less than 50 feet between the equipment. safely. • Never cross tracks by going underneath, over or through cars, engines or on-track equipment. 7 w 01 Housekeeping 7. Contractor is responsible for restoring the property to its previous condition or better. This includes The following housekeeping rules apply to everyone. making repairs to drainage facilities, fences, gates, or buildings damaged or removed by the 1. California Public Utilities Commission (CPUC) Contractor or its forces. General Order 26-D and 118 require that lateral Electrical and vertical clearance around a railroad track and a safe walkway parallel to both sides of the track be maintained. The EIC will observe construction It is the responsibility of every employee to exercise and material storage activities and may direct care to avoid injury to themselves or to others. The contractor employee(s) to correct conditions not in following rules are for the safety of everyone: compliance with the CPUC General Orders. 1. Electric wires must be considered live at all 2. Material must not be stored closer than 20 feet of times. Employees shall not depend on the the closest rail. insulation of wires for their safety. Employees avoid all overhead and 3. Contractor employee(s) must cover areas with underground wires they may come in spilled oil or grease by applying sand or an contact with. equivalent approved material to minimize slipping hazards. 2. When using temporary power cords, cords must never be placed over the rails. The 4. Contractor employees are responsible for the EIC will work with the contractor for proper removal of all unused materials and debris created placement. by the construction project. 3. Employees must not place any metal 5. Clear site immediately of all tripping hazards such objects across rails. as wire, loose material, etc. 4. Signal cables/conduits may be encountered 6. Flammable materials, petroleum products, paints, while excavating along the right-of-way. caustics, acids and solvents must be stored in Excavation is not permitted until: designated areas and in containers which are provided for them. ✓ Dig Alert (USA) — identification is complete 1(800) 227-2600 8 01 ✓ SCRRA Signals Department has been Employees must be alert and attentive at all notified and has identified signal times when performing their work. conduits. (909) 859-4100. Railroad signals are not covered by Dig Alert (USA) and • In,case of personal injury, loss of life, or the railroad signals department must be notified. damage to property, the EIC must immediately document the names, addresses and Emergency Situations occupation of all persons involved, including all persons at the scene regardless of whether Prior to starting work, the EIC will have these emergency these persons give a statement about the phone numbers available on site; Ambulance, SCRRA incident. This information should be included and/or its operating contractor's representative, Metrolink in the incident reports. Operation Center (MOC) Signals emergency number and the police. In emergency situations the following apply: • If an incident causes personal injury or death, all tools, machinery and other equipment • When an injury occurs stop working and involved, including premises where such ensure everything possible is done for the accident occurred must be promptly inspected injured person. by the EIC. Tools, equipment and machinery must be secured until SCRRA EIC or • If equipment was involved in the injury, it must Watchman, Safety Officer, or other competent be examined to ensure the equipment was in inspector has completed an inspection. A proper working condition. Any defective tools, report of such inspection, stating the conditions machinery and equipment are prohibited from found and names of persons making the use on SCRRA property. inspection must be promptly forwarded to SCRRA and the supervising officer of person Immediately report to the EIC any accidents; making the inspection. • personal injuries; defects in tracks, bridges, signals utilities or communication facilities; or, • Information concerning incidents or personal any unusual condition that may affect the safe injuries occurring to persons who are not operation of the railroad. employees, must not be given to anyone except authorized representatives of the • Contractor employees must exercise care to SCRRA or an officer of the law. prevent injury to themselves or others. 9 w r Heavy Equipment • Machines are stopped When working on or around heavy equipment the • Vehicles are stopped following precautions must be taken: • Brakes are set • Buckets and shovels or clams are lowered 1. Equipment operators must be properly trained and to rest position and machine without qualified before operating equipment on SCRRA buckets must have their load line tightened right-of-way, and must operate equipment in a to prevent movement safe, skillful and reliable manner. 7. Unauthorized persons cannot be carried on 2. Operators are responsible for verifying their equipment. Persons qualified to be on equipment machines are in safe, operating condition before must be properly positioned before movement is starting and must assure that proper protection is made. Never transport passengers in truck beds being afforded their operations. The appropriate or on heavy equipment. equipment must be used and operated for each task according the manufacturer's instructions. 8. Never allow employees in or on loaders and, backhoe buckets. 3. Never engage in the reckless operations of vehicles on the SCRRA right-of-way. The speed 9. Operators of equipment must be aware of the limit on the right-of-way is not more than 15 mph locations of overhead and underground utilities. and may be lowered if conditions warrant. Operator must have a clear understanding of how Offenders may be asked to leave the SCRRA to protect utility lines before operating machinery. right-of-way by any SCRRA employee or representative observing unsafe behavior. 10. NEVER move equipment across the tracks except at established road crossings. Tracked or rubber 4. Audible backup warning devices are required on tire equipment will require the supervision of an all heavy equipment, at all times. SCRRA EIC any time railroad tracks are crossed. 5. Operator must have the equipment manual on 11. NEVER move tracked or rubber tire equipment their machine. across railroad bridges or through tunnels 6. While trains, engines or on-track equipment pass, operators must ensure that: 10 LA) 01 rn 12. When heavy equipment is left unattended: On-track protection must be provided by an SCRRA EIC when the following work is being performed, but not limited to: • Motor must be stopped and ignition must be locked • When any part of equipment is standing or being • Parking or hand brake must be securely set operated within 20 feet of the nearest track or has • Keys must be in possession of operator or the potential to foul the track. authorized employee, not left on the vehicle • Wheels must be securely blocked on • When any construction activities are in progress grades within 20 feet of the nearest track, regardless of • Equipment must be secured in a highly elevation above or below track. visible area • For any excavation in or around the tracks that Railroad Flagging/Protection may subject the tracks or other property to The third party contractor's foreman working on the right settlement or movement. of way is responsible for the safety of their crews and • Any clearing, grubbing, or demolition in proximity must guard their crews against impending danger or injury. They shall bear in mind that safety is the first and to the SCRRA property which, in the opinion of most important consideration. SCRRA, may endanger the property or operation. No work can begin until an SCRRA representative is on • For any street construction and maintenance site and proper protection is being afforded. activities requiring temporary work area traffic control. All activities that change the flow of traffic The third party contractor must request and arrange for across a railroad crossing, (i.e. traffic cones, lane flagging services a minimum of five (5) working days closures, etc.), must be protected: SCRRA before the work begins. engineering department must approve traffic control plans before work can begin. An SCRRA EIC or Watchman is required for your Good communication between the contractor and the protection any time you are on SCRRA property (except EIC is imperative! The EIC is responsible for verifying for utility workers providing short term routine all workers and/or equipment near or on the main maintenance). track have moved at least 20 feet from the nearest rail before allowing a train to pass the work site. w 11 01 Two Methods of On-Track Safety (OTS) Keeping Us Away From Trains- This method does Form B- Gives the EIC control of a segment of track for a not physically separate the operation of trains and given period of time. This method of OTS allows trains equipment from the third party contractor employee. and equipment to pass through the working limits with the Clearing the track before the arrival of the train protects permission of the EIC. Trains and equipment are required the third party contractor employee. to pass through the working limits at a speed established by the EIC. TAW-Train Approach Warning Track & Time-The dispatcher will authorize men or Employs a Watchman to visually identify a train or on- equipment to occupy a track or tracks within specified • limits for a certain time period. Only a qualified EIC may track equipment and provide warning to a work group in time to occupy a place of safety 20 seconds prior to establish track & time or joint track & time for a work train arrival. group of third party contractors. Keeping Trains Away From Us- This method of OTS physically separates the operation of trains from the activities of the third party contractor employee. • Working limits are used to keep trains away from work groups. �.- • Working limits are established to afford third party C► .r1 h contractor employee the separation. • Working limits are a segment of track with definite boundaries upon which trains or equipment move T only authorized by the EIC. • Only a qualified EIC designated by SCRRA may ar —4,$L^„ establish or have control over working limits for the purpose of establishing OTS 12 01 m Railroad Terms Engine—A unit propelled by any form of energy or more than one of these units operated from a single control The following definitions apply to all Third Party typically referred to as a locomotive. Contractors entering the SCRRA right of way. Excavation —Any removal of earth. Any excavation Ballast— The rock that supports the track and ties. This and/or shoring, no matter how large or small require prior approval from SCRRA Engineer. rock is groomed to keep the track in place, drain water away from the track, and to distribute the weight of trains Exclusive Track- Is a method of establishing working to surrounding soil. DO NOT DISTURB or place soil, limits on controlled track in which movement, occupancy, sand, or debris on it. or authority of trains and other equipment is withheld by California Public Utilities Commission (CPUC) - The control operator or restricted by flagman. state agency that administers certain rules and Fill —A section of earth built up to support the railroad's regulations of the railroad industry. track structure. Center Line of Track—An imaginary line, that runs Foul the ballast—Anything that contaminates the ballast down the center of the two rails of a track. section of the roadbed and inhibits the ballast from Confined Space —A space that is large enough and so supporting the track, draining water, or suppressing weed configured that an individual can enter and perform growth. In most cases ballast is fouled by excavated assigned work. The space has limited or restricted material being placed on the ballast. means for entry or exit and is not designed for continuous Foul the track— Placement of an individual or a piece of individual occupancy. This would include but not limited equipment in such a proximity to a track that the to tanks, vessels, silos, storage bins, hoppers, vaults and individual or equipment could be struck by a moving train pits. or track equipment. SCRRA fouling distance is defined as Derailment - A potentially dangerous condition, whereby within 20 feet from the nearest rail. rail cars or engines leave the tracks. Form B- A method of exclusive track occupancy by Employee-In-Charge (EIC) —A roadway worker authorizing a roadway worker to foul or occupy track(s) within limits between two recognizable points as designated to provide On-Track-Protection for one or determined by railroad timetable within a designated time more work groups. period using flag protection. w 13 01 General Code of Operating Rules (GCOR) —The rules safety rules, which govern track occupancy by personnel, that govern the use of railroad tracks by trains, trains and on track equipment. maintenance employees, contractors and others. Right to challenge- If the third party contractor Hy-rail Vehicle - This vehicle is considered on-track employee does not believe that the protection against equipment. It is typically driven on highways, but has trains is sufficient, the employee may at any time, in good specially manufactured attachments that allow the faith, challenge the EIC's form of protection and must vehicle to travel on railroad tracks. They are viewed as remain clear of all tracks until the challenge is resolved. trains and only authorized railroad personnel may operate them. Roadbed -A graded area beneath and on either side of the track structure that provides support and drainage of Job Site —Any area where work is performed, where the track. materials and equipment are stored, or which employees access during the project. Safety Training -A session conducted by a qualified SCRRA representative at which On-Track Safety and Main Track—A track extending through yards and Metrolink right of way rules and regulations are between stations that must not be occupied without discussed. authority or protection. Safety Sticker- An emblem indicating completion of third party contractor training. The non transferable Mileposts — Field indicators of approximate distance "Safety Trained' emblem is to be placed on each from a specific point the railroad system used for individual's hard hat so it is visible when working on the approximate locations of railroad facilities. They are not Railroad's Right-of Way. to be used for field surveys. Siding —A secondary track used for the passing of trains On-Track Equipment - Maintenance of Way machines on single-track routes. such as track cars, Hy-rail vehicles, tampers, ballast regulators, etc. which may be operated on the track. Third Party Contractor—Any contractor working on or adjacent to the railroad right of way on non railroad On-Track Safety- On track Safety is a state of freedom related work. from the danger of being struck by moving trains or on track equipment that is provided by the operating and 14 w 7-1 rn Tracks —The rails, ties, and ballast that compose the traveling surface by trains. Working Limits —A segment of track with definite boundaries upon which trains and engines may move Track Structure —The rails, ties ballast, and roadbed only as authorized by the roadway worker having control that compose the traveling surface used by trains. over that defined segment of track. Working limits may be established through exclusive track occupancy, foul time Track and Time- The dispatcher will authorize men or or inaccessible track. equipment to occupy a track or tracks within specified limits for a certain time period. Yard- A collection of secondary tracks used to store equipment (cars, engines, maintenance machines, etc.), Trains — One or more engines coupled together, with or for assembling or disassembling trains, and/or without cars, which use the Railroad track. conducting other railroad operations. Train Approach Warning (provided by Watchmen)-A method of establishing On-Track Safety, provided by Watchmen, of warning workers of the approach of trains in ample time (not less than 20 seconds) for them to move to or remain in a place of safety. Asking me to condone an unsafe Train Movement—Any motion of engines and/or cars act is like asking me to jeopardize over the railroad tracks. the value of your life. Watchman-An employee who has been annually trained and qualified to provide warning to roadway workers of approaching trains and on track equipment. Watchman Protection — Employees in a work group using Train Approach Warning provided by watchmen lookouts must be provided warning in sufficient time to enable each employee to move to a previously determined place of safety, not less than 20 seconds before a train moving at the maximum speed authorized on that track would arrive at the employee's location. 15 Zero Tolerance Safety Rules WORKING ON OR AROUND TRACKS: Contractors SCRRA has a Zero Tolerance policy. Zero tolerance must be aware of the following: means that certain actions will absolutely not be tolerated under any circumstances. Be aware of the following rules 1. All work within 20 feet of the nearest rail must be at all time: coordinated with the Right-of-Way Encroachment Administrator so that protection can be provided • All third party contractors must have a Right-of- for personnel. Entry or approved document to work on SCRRA right-of-way. 2. No work can begin until an SCRRA representative is on site and proper protection is being afforded. • Drinking alcoholic beverages, being under the influence of any drug or medication or having them 3. Do not foul the track with any piece of equipment in your possession at any time on SCRRA without an EIC, job briefing and exclusive track property will not be tolerated. occupancy. • All third party contractor personnel must have 4. Do not stand on the track or within 20 feet of the completed the Third Party Construction and Utility nearest rail. Worker Safety Training Program and have a valid SCRRA safety sticker on their hard hat or they will 5. Do not leave open holes or trenches unattended. not be allowed on SCRRA property. 6. Do not disturb or foul the ballast at any time. • All third party contractor personnel and utility workers must wear a hard hat, safety glasses with VIOLATION OF ANY OF THESE RULES WILL RESULT side shield, safety vest with retro-reflective tape for IN REMOVAL FROM THE PROPERTY AND MAY night work or at railroad crossing must be worn. A CAUSE THE RIGHT OF WAY ENTRY PERMIT TO BE safety T-shirt, sweatshirt or jacket may be worn REVOKED. during the day, long pants, and safety boots. 16 rn APPENDIX VII STORMWATER POLLUTION CONTROL PLAN (SWPCP) • 82000-0016\1800815v4.doc Appendix VII 363 STORMWATER POLLUTION CONTROL PLAN Less Than One Acre* 1. Contractor shall implement an effective combination of erosion and sediment control best management practices (BMPs) from Table 1 below to prevent erosion and sediment loss, and the discharge of construction wastes. The BMPs listed in Table 1 are taken from the California BMP Handbook, Construction, January 2003 and the Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices (BMPs) Manual, March 2003, and addenda. Table 1: BMPs at construction sites less than 1 acre Minimum Set of BMPs for AllConstruction Sites CASQA Caltrans For Erosion Control Scheduling EC-1 SS-1 Preservation of Existing Vegetation EC-2 SS-2 Sediment Controls Silt Fence SE-1 SC-1 Sand Bag Barrier SE-8 SC-8 Stabilized Construction Site Entrance/Exit TC-1 TC-1 Non-Storm Water Management Water Conservation Practices NS-1 NS-1 Dewatering Operations (Groundwater dewatering NS-2 NS-2 only under NPDES Permit No. CAG994004).* Waste Management Material Delivery and Storage WM-1 WM-1 Stockpile Management WM-3 WM-2 Spill Prevention and Control WM-4 WM-4 Solid Waste Management WM-5 WM-5 Concrete Waste Management WM-8 WM-8 Sanitary/Septic Waste Management WM-9 WM-9 *Ponded stormwater may be discharged at a concentration of Total Suspended Solids (TSS) of 100mg/L or less. 2. A project that includes roadbed or street paving, repaving, patching, digouts, or resurfacing roadbed surfaces shall include the following BMPs: A. Restrict paving and repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions. B. Install sand bags or gravel bags and filter fabric at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat. *This SWPCP is required for all projects that disturb less than one acre of soil. If the project disturbs one or more acres of soil, it is subject to the State General Construction NPDES Permit and related SWPPP (see p. 68 of Ventura County Municipal Stormwater Permit, Order R4-2010-0108). One Acre equals 43,560 square feet. 364 C. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm water drainage system or receiving waters. D. Minimize non storm water runoff from water use for the roller and for evaporative cooling of the asphalt. E. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly. F. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly. G. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled or disposed of properly. H. Cover the "cold-mix" asphalt (i.e. pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm. I. Cover loads with tarp before haul-off to a storage site, and do not overload trucks. J. Minimize airborne dust by using water spray during grinding. K. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grinding materials or-rubble in or near storm water drainage system or receiving waters. L. Protect stockpiles with a cover or sediment barriers during a rain. 3. Contractor shall ensure that prior to the start of construction and annually during construction, all site personnel responsible for installing, inspecting, and maintaining BMPs shall be trained. Contractor shall use the Trained Contractor Personnel Log (Exhibit 1) and shall retain original documents with the Stormwater Pollution Control Plan and submit copies to City. 4. Contractor shall comply with inspection requirements as detailed in the Construction Site Inspection Checklist (Exhibit 2) and shall retain all inspection records for City review. Stormwater Pollution Control Plan for Projects Under One Acre Page2of4 - 365 EXHIBIT 1 TRAINED CONTRACTOR PERSONNEL LOG Employees and subcontractors must be trained on the SWPCP prior to start of construction and annually thereafter. Contractor shall keep original training logs in the SWPCP and forward a copy to the City Engineer/Public Works Director. Storm water Management Training Log Project Name: Project Number/Location: Stormwater Management Topic: (check as appropriate) ❑ Erosion Control ❑ Sediment Control ❑ Wind Erosion Control ❑ Tracking Control ❑ Non-stormwater management ❑ Waste Management and Materials Pollution Control ❑ Stormwater Sampling Specific Training Objective: Location: Date: Instructor. Telephone: Course Length (hours): Attendee Roster(attach additional forms if necessary) Name Company Phone COMMENTS: Stormwater Pollution Control Plan for Projects Under One Acre Page 3 of 4 366 EXHIBIT 2 CONSTRUCTION SITE INSPECTION CHECKLIST Contractor shall complete this checklist and keep a copy with the SWPCP a minimum of: • Monthly during non-rainy season (April 16 through September 30) • Weekly during rainy season (Oct. 1 through April 15) • Before, during and after a significant rain event(.25"or greater) • All hillside sites or sites that directly discharge to Arroyo Simi must be inspected by a qualified SWPPP Developer at least weekly during the wet season and once each 24 hour period during a storm event that generates runoff from the site to identify BMPs that need maintenance to operate effectively,that have failed or could fail to operate as intended. DATE OF INSPECTION: Project Name: Contractor: Weather Conditions during inspection: Compliance Date Completed Item Accomplished YES NO N/A 1 Is the site entrance stabilization adequate? 2 Are equipment/vehicles parked in designated areas and free from significant leaks?Are drip pans present as needed? 3 Are maintenance areas free from stains on the soil? 4 Are all materials stored in bins or covered in plastic and protected from stormwater? 5 Is construction waste being disposed of in proper trash containers? 6 Are concrete washout stations present and being utilized and maintained? 7 Is fugitive dust being controlled and water being used as needed? 8 Are catch basins, drainage channels, drain inlets/outlets being protected? 9 Are erosion control measures(BMPs) identified in SWPCP in place and effective? 10 Are sediment control measures(BMPs) identified in SWPCP in place and effective? 11 If applicable, are enhanced BMPs identified in#7 on p. 5 of SWPCP being implemented as appropriate? Comments: I certify under penalty of law that this inspection is true, and I or a qualified assigned person has performed the required inspection as stated in the SWPCP. Inspector Signature Contractor Signature Stormwater Pollution Control Plan for Projects Under One Acre Page 4 of 4 367 APPENDIX VIII CITY HOLIDAYS — 2017 Monday, January 2: New Year's Day Monday, January 16: Martin Luther King, Jr. Day Monday, February 20: Presidents Day Friday, March 31: Cesar Chavez Day Observed Monday, May 29: Memorial Day Monday, July 3: Extended 4'h of July Tuesday, July 4: 4th of July Monday, September 4: Labor Day Friday, November 10: Veterans Day Thursday, November 23: Thanksgiving Day Friday, November 24: Extended Thanksgiving Holiday Monday, December 25: Christmas Day 82000-0016\1800815v4.doc Appendix VIII 368 Q PaK C4ia F°moi= CITYOFMOORPARK o-�V ��m PARKS,RECREATION&COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021 9'Oo/ Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov February 28, 2017 ADDENDUM NO. 1 for Demolition of Structures and Site Clearance at 104 High Street and 192 High Street Specification No. P&R 2017-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: 1. The requirement to build a permanent Metrolink standard fence is hereby removed. In place of that, Contractor will be responsible for installing a minimum 6' chainlink fence with the posts pounded into the ground, that is to be placed around the property as depicted on the fencing plan included as Attachment 1. The south property line fence will be field located with City staff. The approximate lineal footage of the fence to be installed is 520 linear feet. The north property line fence is to be removed and is not being replaced. 2. Any roots associated with the California Pepper Trees or Ash Trees that are adjacent to the limits of the work area or that extend into the work area, over 2" in diameter are to be evaluated by the City and a certified Arborist before they are cut. Contractor is directed to immediately contact City staff when such a root is encountered during the construction process. 3. Asphalt pavement is to be saw cut and removed south of the limit of work line as drawn on the plan included as Attachment 2. Contractor is instructed to leave asphalt pavement in place north of the limit of work line to maintain pedestrian walkways along High Street. Pavement left in place is intended to follow the width and line of the existing concrete sidewalk to the east and connect with the concrete/wood sidewalk to the west. Wherever the sawcut and removal of the asphalt leaves an edge of more than four inches (4") , Contractor shall soften the pavement edge using base, or other material acceptable to the City,to prevent pedestrians from tripping on the edge of the pavement. 4. Any structures that are discovered at the south limit of work line that run into the railroad right-of-way, are to be cut/capped at the limit of workline. Contractor IS NOT to chase and remove any structures that extend into the railroad right-of-way south of the limit of work line. 5. City staff has located as-built drawings (Attachment 3) for the project that depict three (3) elevator pits that extend into the ground up to 10' (5 x 7 x 10). Contractor will be responsible to excavate and remove these elevator pits up to 10' in depth and import soil, compact and backfill in accordance with the specifications included as Attachment 4. Contractor will also be required to comply with any bracing/shoring requirements of the railroad for ANY excavations that are within the basic safety envelope of the railroad tracks,which is defined as 25 feet horizontally of the centerline of the nearest track. This requires any engineered plans for shoring/bracing that may be required by Metrolink and OSHA standards. Contractor will be required to provide a per cu yd cost for import of soil in the event that removal of underground improvements exceed 10'. Please see revised cost sheet included as Attachment 5. JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DA I6 9 Mayor Councilmember Councilmember Councilmember Councilmember Demolition of Structures and Site Clearance at 104 High Street and 192 High Street—Addendum No. 1 February 24, 2017 Page 2 6. Contractor is instructed to add the demolition of the sheet metal building, and all associated foundations, located to the east of the original demolition scope of work to the project, as shown on the plans included as Attachment 2. The building has been tested for lead based paint and asbestos and was negative for all materials. This would be an add alternate option. Please use revised bid sheet included as Attachment 5. 7. Bid due date is extended to March 3,2017 at 4:00 p.m. 'END OF CHANGES' This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed therefore. .401 Jeremy Laurentows i, Parks and Recreation Director Questions regarding this addendum may be directed to the City's Project Representative Jessica Sandifer, jsandifer@moorparkca.gov. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT jsandifer@moorparkca.00v AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Attachments: • 370 2 I I 1 • 71 1 105 139 165 169 197 1-I 213 233 255 va nciI Z or a' ' m 1 i00 Hi GH ST E High St E Hir y SO41T64ERN P4CiFIC RR _ n At completion of construction,contractor to install new 6'high chainlink fence `,2,' as noted on.diagram 4 z y 520 Ia,, `,, 241 it 65 81 97 101 113 137 145 167 173 187 191N. 1-, 508 , `,_. 0507 .4 ( % Ji \ 496 i 1ST SS — H, 1st Std -- 0' I 487 p' t gl (.j 64 80 96 102 112 124 136 146 160 ' 1172 194 484 , ,1 I - ' 473 ATTACHMENT 2 — LIMIT OF WORK LINE,ADD ALTERNATE WORK • • h r, a81 .. _ Ie1 1 :._ —.rt r rig �• A •, �. � rt I '. " f•�1 t n ^80 t 55 / 6i�e�k 2 t/� q '9� �6 6 ' 36 2' QI I. 1 A 4' • ,� 1 I , ^. ' i, ' i I I.P .r. 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'�1�� - I} •} I ti Iry . ._ , _'_--._-_ A..._ ir_. ,�.,,— ..'.— --_ I,9„10 -1 r1 , A' + rt 014 146,.—.__S:_ la-- Mods WS.. x�: z _ -- ---- -- , PUIWQ'IA .NtMA _ r. • . I'I.OT run ` �'fbRi. rar W7r vs. to d!re eany° r • I -,- ---- t1)% s ns ww rl a 'Pomo -'pim ar: �j 02444 1.• 00 IR1 % f.Ott6-•I .... 4 ,3 i/ it t 1urr 9: • W •1 • ATTACHMENT 4 EXCAVATION/REMOVAUAND BACKFILL OF UNDERGROUND PITS • 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 City'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 City 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, as well as the Metrolink Excavation Standards. Prior to beginning any trench or structure excavation 5 feet deep or over or within 25' of the centerline of an active railroad track, submit to the City and Metrolink 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 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. Imported Backfill Materials • Materials Imported Backfill Material (Select Fill) Requirements Imported backfill material (Select Fill) shall be free from organic matter, debris, or deleterious materials. The backfill material shall not contain rocks, blocky 375 ATTACHMENT 4 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 backfill 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. 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 • Imported Backfill Placement Imported backfill materials shall be evenly placed in uniform horizontal loose lifts not 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. Backfill shall be placed in the presence of the Engineer or designated City Representative. 376 ATTACHMENT 5— Revised Bid Sheet CITY OF MOORPARK BID SHEETS FOR DEMOLITION OF STRUCTURES AND SITE CLEARANCE AT 104 AND 192 HIGH STREET Bidder's Name: To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the following prices: BASE AMOUNT: ITEM DESCRIPTION UNIT QTY AMOUNT NO. 1. Right-Of-Entry/Permits/Insurance LS $ 2. Asbestos Abatement LS $ 3 Demolition/Disposal—Granary LS $ Buildings 4 Demolition/Disposal—Restaurant LS $ Building • 5. Post Demo Site Fencing LF 520 TOTAL BASE AMOUNT $ ADDITIVE OR DEDUCTIVE ITEMs: ITEM NO. DESCRIPTION UNIT AMOUNT Add: Demolition of the sheet metal building LS1. $ TOTAL ADDITIVE OR DEDUCTIVE ITEM(s): $ 377 ATTACHMENT 5 — Revised Bid Sheet Note: Items may be adjusted or modified. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE IN DIGITS: $ TOTAL BID PRICE IN WORDS: Contractor also to supply cost to import additional soil for backfill beyond 10' depth. Cost to import soil for backfill beyond 10' depth = $ per cu/yd (not included in bid price) Signature: Title: Date: Signature: Title: Date: 378 ATTACHMENT 2 RESOLUTION NO. 2017- A RESOLUTION OF CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2016/17 BUDGET BY APPROPRIATING $184,193.00 FROM THE ENDOWMENT FUND (2018) FOR DEMOLITION OF PROPERTY ON SOUTH SIDE OF HIGH STREET (APN 512-0- 090-115) (L0007) WHEREAS on June 15, 2016 the City of Moorpark'adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2016/17; and WHEREAS, the City would like to prepare the property on the South Side of High Street for disposition; and WHEREAS, a staff report has been presented to City Council recommending the award of an Agreement for the demolition of the structures and requesting an appropriation of $184,193.00 from the Endowment Fund (2018) to fund the demolition costs; and WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount $184,193.00 from the Endowment Fund (2018), as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15st day March , 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A — Budget Amendment 379 Resolution No. 2016- Page 2 EXHIBIT A BUDGET AMENDMENT FOR Endowment Fund (2018)for Expenses related to Demolition of Property at 192 High Street(L0007)(APN 512-0-090-115) FY 2016/17 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount ENDOWMENT FUND 2018-000-00000-33990 $ 184,193.00 Total $ 184,193.00 EXPENDITURE APPROPRIATION: Account,Number Current Budget Revision Amended Budget 2018-172-L0007-55100 $ 470,000.00 $ - $ 470,000.00 2018-172-L0007-55210 $ - $ 184,193.00 $ 184,193.00 $ - $ - $ $ - $ - $ $ - $ - $ Total $ 470,000.00 $ 184,193.00 $ 654,193.00 Finance Approval: (9-71- 380