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HomeMy WebLinkAboutAGENDA REPORT 2017 0719 CCSA REG ITEM 10M ITEM 10.M. CITY OF MOORPARK,CALIFORNIA City Council Meeting of_7-/9-070/2 MOORPARK CITY COUNCIL ACTION; At. ` AGENDA REPORT � ; TO: Honorable City Council °'v: FROM: Jeremy Laurentowski, Parks and R- reation Director ��— BY: Jessica Sandifer, Program Manag 41)1 DATE: July 6, 2017 (CC Meeting of 07/19/1 SUBJECT: Consider Award of Bid for Pavement Rehabilitation Project at Arroyo Vista Community Park and Lassen Avenue Pedestrian/Bike Lane Maintenance to Berry General Engineering Contractors, Inc and Resolution Amending FY 2017/18 Budget to Fund the Project BACKGROUND & DISCUSSION On March 1, 2017, the City Council authorized a pavement rehabilitation project at Arroyo Vista Community Park (AVCP) and by Resolution No. 2017-3585 appropriated $50,341.00 from the Community Wide Park Development Fund (2010) for construction management services with Phoenix Civil Engineering, Inc. (Phoenix) The project components include an asphalt grind and overlay along the access road between Tierra Rejada Road and the entrance to AVCP to correct cracking and road depressions that have resulted over time. The remainder of the access road needs to be slurry sealed and additional speed bumps will be added to slow vehicular traffic. Parking Lots B, C, and D, will also be slurry sealed and speed bumps will be installed. All areas will include fresh parking and lane striping. The access road will be widened approximately two feet (2') along a section of the road just west of parking lot C. The access road width along this section is substandard. Widening the access road will provide additional space for the patrons that park in the new parking area along the south side of the road to back- up without impeding traffic. Staff also included the slurry seal and redwood header replacement for the Lassen Avenue Pedestrian/Bike Lane Maintenance (L0078), in order to take advantage of economies of scale for mobilization, materials, and labor. This project was included in the FY 17/18 budget by the Public Works Department. The project was posted in the paper on June 3, 2017, and June 9, 2017. The bid due date was June 29, 2017. Two bids were received. The bid results are: Asphalt Professionals, Inc. $619,729.45 Berry General Engineering Contractors, Inc. $457,847.20 227 Honorable City Council July 19, 2017 Page 2 The proposals were evaluated on their completeness and cost. The low bidder is Berry General Engineering Contractors, Inc. (Berry). It should be noted that there was a non- material typographical error in the bid proposal submitted by Berry. On the Bid Sheet, the total cost for item number 7, Slurry Seal — Parking Lot B, is incorrectly calculated as a total cost of $19,360. At the proposed unit price of $0.44, the correct calculation for the total cost of this item is $19,300.60. However, the total project cost of $457,847.20 is accurately represented on the proposal form. It should be noted that the City will be paying the per square foot price based on actual quantities determined in the field, therefore the error is immaterial to the bid. Berry possesses the necessary qualifications, resources, and experience to perform the work. FISCAL IMPACT Staff estimated that the pavement rehabilitation work would cost approximately $360,000, with a 10% project contingency of $36,000 for a total project cost of $396,000. The low bid price came in at $457,847.20. The majority of the difference between the estimated cost and the bid price can be attributed to the addition of the Lassen Avenue Pedestrian/Bike Lane Maintenance (L0078), which added $54,518.60 to the original estimated cost, and an increase in the square footage of areas along the access road for which a full removal and replacement of the asphalt was required. This added approximately $24,000 in additional costs. As a reminder, the license agreement between the City of Moorpark and Moorpark Unified School District (MUSD) requires that MUSD contribute 1/3 of the costs of maintenance of the access road between Tierra Rejada Road and the entrance to AVCP. The cost of the work along this portion of access road was estimated at $187,500, resulting in a cost of approximately $62,500 to MUSD. The actual cost of the work totals $153,162. MUSD's 1/3 cost will be $51,054, plus the administrative costs of 20%, for an estimated total cost to MUSD of $61,264.80. The 20% administrative cost includes the proportionate share of the construction manager fees (Phoenix) and direct staff time required to administer the agreement. • 228 Honorable City Council July 19, 2017 Page 3 I Allocated to Lassen A.e Bikeway (L0078) Project AVCP (M0032) funded by Estimate funded by 2010 2411 and 2001 Construction Management $50,341.00 $50,341.00 Construction (including contingency) $503,631.92 $443,661.92 $59,970.00 Estimated Total Project Cost $553,972.92 $494,002.92 $59,970.00 less: 1/3 MUSD share of cost ($61,264.80) ($61,264.80) Estimated Net Project Cost-CITY $492,708.12 $432,738.12 $59,970.00 Budgeted Expenditure FY 2016/17 (2010) $50,341.00 $50,341.00 Budgeted Expenditure FY 2017/18 (2411) $50,000.00 $50,000.00 $100,341.00 $50,341.00 $50,000.00 Expenditure Budget Adjustment (2010/2001)* $453,632.00 $443,662.00 $9,970.00 ReNenue Budget Adjustment (2010)` ($61,264.80) ($61,264.80) Net Budget Adjustment $392,367.20 $382,397.20 $9,970.00 'rounded to nearest dollar The total cost of this work is $503,631.92, which includes a 10% contingency of $45,784.72. No funds have been budgeted in Fiscal Year 17/18 budget for the work at AVCP. There are funds budgeted for the Lassen Avenue improvements in the amount of$50,000, however that is not sufficient to cover the costs of the improvements. At this time, staff is requesting an aggregate expenditure budget increase of $453,632.00; $443,662 for construction of the improvements at AVCP from the Community Wide Park Development Fund (2010) and an amendment of $9,970 from the Traffic .System Management Fund (2001) to fully fund the Lassen Avenue improvements and contingency. A revenue budget increase of $51,054.00 for the Community Wide Park Development Fund (2010) and $10,210.80 for the General Fund (1000) is also recommended to reflect the estimated reimbursement from MUSD. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Authorize award of Agreement for Pavement Rehabilitation Project at Arroyo Vista Community Park and the Lassen Avenue Pedestrian/Bike Lane Maintenance (M0032 and L0078) to Berry General Engineering Contractors, Inc. for the contract amount of$457,847.20, plus a project contingency of$45,784.00 for a total construction cost of $503,631.20; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. 2. Adopt Resolution No. 2017- , amending the FY 2017-18 budget to fully fund the project as described in this report. Attachment 1 —Agreement Attachment 2 — Resolution No. 2017- 229 ATTACHMENT 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND BERRY GENERAL ENGINEERING CONTRACTORS, INC., FOR PAVEMENT REHABILITATION SERVICES THIS AGREEMENT, executed as of this day of 2017, between the City of Moorpark, a municipal corporation ("City") and Berry General Engineering Contractors, Inc., a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to pavement rehabilitation services at Arroyo Vista Community Park and the Lassen Avenue Bikeway; 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 July 19, 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 The term of the Agreement shall be from the date of City Council approval on July 19, 2017 until completion of the work identified in Exhibit D: Contract Documents, and in conformance with Exhibit C: Contractor's Bid Proposal, 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 pavement rehabilitation at Arroyo Vista Community Park and the Lassen Avenue Bikeway, as set forth in Exhibit C: Contractor's Bid Proposal, dated June 29, 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: Contract Documents, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as "Bid Documents". Where said services as set forth in Exhibit C and Exhibit D are modified by this Agreement, or in the event there is a conflict between the provisions of Exhibit C, Exhibit D, and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit D. 230 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 four hundred fifty-seven thousand eight hundred forty-seven dollars and twenty cents ($457,847.20) as stated in Exhibit C, plus a contingency of forty-five thousand seven hundred eighty-four dollars ($45,784.00) for a total contract value of five hundred three thousand six hundred thirty-one dollars and twenty cents ($503,631.20), 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 Robert Sainsbury, and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit C and Exhibit D, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time Berry General Engineering Contractors, Inc. Page 2 of 18 231 spent on the above tasks. This amount shall not exceed four hundred fifty-seven thousand eight hundred forty-seven dollars and twenty cents ($457,847.20) as stated in Exhibit C, plus a contingency of forty-five thousand seven hundred eighty-four dollars ($45,784.00) for a total contract value of five hundred three thousand six hundred thirty- one dollars and twenty cents ($503,631.20) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Berry General Engineering Contractors, Inc. Page 3 of 18 2 3 2 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. 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, 2 3 3 Berry General Engineering Contractors, Inc. Page 4 of 18 at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. 2 3 4 Berry General Engineering Contractors, Inc. Page 5 of 18 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. 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 Berry General Engineering Contractors, Inc. Page 6 of 18 2 3 5 and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any 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 Berry General Engineering Contractors, Inc. Page 7 of 18 2 3 6 its subcontractors shall provide no serviceor 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: Robert Sainsbury, Vice President Berry General Engineering Contractors, Inc. 350 West Lewis Street Ventura, California 93001 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. Berry General Engineering Contractors, Inc. Page 8 of 18 2 3 7 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. 2 3 8 Berry General Engineering Contractors, Inc. Page 9 of 18 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 BERRY GENERAL ENGINEERING CONTRACTORS, INC. Steven Kueny, City Manager Robert Sainsbury, Vice President Attest: Maureen Benson, City Clerk 2 3 9 Berry General Engineering Contractors, Inc. Page 10 of 18 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. 240 Berry General Engineering Contractors, Inc. Page 11 of 18 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 2 41 Berry General Engineering Contractors, Inc. Page 12 of 18 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, 2 4 2 Berry General Engineering Contractors, Inc. Page 13 of 18 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 2 4 3 Berry General Engineering Contractors, Inc. Page 14 of 18 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, when required by City. City shall determine the liability limit. 2 4 4 Berry General Engineering Contractors, Inc. Page 15 of 18 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. 245 Berry General Engineering Contractors, Inc. Page 16 of 18 (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 Berry General Engineering Contractors, Inc. Page 17 of 18 2 4 6 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.) Berry General Engineering Contractors, Inc. Page 18 of 18 2 4 7 EXHIBIT C BID CITY OF MOORPARK PAVEMENT REHABILITATION AT ARROYO VISTA COMMUNITY PARK 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 400577 , Class A ,which expires on 02/28/2019 Bidder's Name: :-1. -I- _ I.•,- ; . .I -slits Signature: Date: 06/29/2017 • Signature: 'A!AiI tit► ,. - Date: 06/29/2017 1 82000-001611800815v4.doc B-1 248 Addendum No. 1 —Attachment B CITY OF MOORPARK BID SHEETS FOR PAVEMENT REHABILITATION PROJECT AT ARROYO VISTA COMMUNITY PARK Bidder's Name: Berry General Engineering Contractors, Inc. 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 Payment Unit No. Ref. Description Qty Unit Price Total Traffic Control, Construction — 1 702-5 Signage and Traffic 1 LS Rao3 E 2o^ Maintenance 2 703-2 Stormwater Pollution Control 1 LS I I/DZ.9 I I, 0 i ( 3 704-4 . Pavement Surface 1 LS 146 �75r L/G� �Tr— Preparation 1 4 705-6 Pavement Milling 68,400 SF U33 2.2, 172 5 707-6 Asphalt Concrete 68,400 SF 0 0`' / 6 708-5 Slurry Seal—Access Road 72,100 SF 31 72"1 (Station 17+80 to end) 7 708-5 Slurry Seal— Parking Lot B 43,865 SF . 149 15 j 3 6 0-- 8 708-5 Slurry Seal — Parking Lot C 27,175 SF .911 I)1 q S 9 708-5 Slurry Seal— Parking Lot D 65,450 SF ,y"1 Zi 7' ' 10 712-6 Parking Lot D Driveway 1 LS S,705` S,7aS- 707-6, Remove and Replace Asphalt b 11 709-6 Concrete 9,300 SF 3-� 2.Ze>� 12 707-6 Advanced Speed Bumps 18 EA if?00— B-2 249 1 Addendum No. 1 -Attachment B Item Payment Unit No. Ref. Description Qty Unit Price Total 13 712-6 Entrance Gate 1 LS 13,'MO V 1`S i 110 14 710-3, Adjust Utility and Survey 1 LS - — 712-6 Monument Covers Jr/17j l 7�' Traffic Signing and Pavement � 7/�' a ®-+ 15 711-7 Delineation 1 LS l , 16 708-5 Lassen Avenue Bikeway 11,615 SF @�9 ' Slurry Seal Sp 110, 17 711-7 Lassen Avenue Bikeway 3,860 LF �® Redwood Headers l2 ® 4/, Li-c-)6%. 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: $ q S-.78Li 7- . 20 TOTAL BID PRICE IN ORDS:4c`hu owl PA-I.—sem. Allos- �,,�„l e i stl- d oil ems- 7 km's on& fweao Signature: ` fir Title: Viec-President Date: 06/29/2017 cenf., Signature: ea) i 1 ' 7Title: secretary Date: 06/29/2017 B-3 250 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name: Berry General Engineering Contractors, Inc. (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. N/A (3) Business Address: 350 W Lewis St,Ventura CA 93001 (4) Telephone: 805-643-7567 Facsimile: 805-643-7482 (5) Type of Firm—Individual, Partnership, LLC or Corporation: Corporation (6) Corporation organized under the laws of the State of: California (7) California State Contractor's License Number and Class: 400577A Original Date Issued: 02/26/1981 Expiration Date: 02/29/2019 (8) DIR Contractor Registration Number: 1000001236 (9) List the name and title of the person(s)who inspected the Project site for your firm: Robert Sainsbury (10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting and site walk for your firm: Robert Sainsbury (11) Number of years experience the company has as a contractor in construction work: 36+ (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: Dan Berry, President-350 W Lewis St,Ventura Ca 93001: 805-643-7567 Robert Sainsbury,Vice-President-350 W Lewis St,Ventura CA 93001;805-643-7567 Jan Bottomley, Secetary-350 W Lewis St,Ventura CA 93001;805=643-7567 (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: D.L. Berry Construction Company 82000-0016\1800815v4.doc B-4 251 (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: Please contact our attorney, Richard Norman of: Norman, Dowler, LLP for contact info. Address: 840 County Square Dr.Ventura CA 93003: 805-654-0911 b. Briefly summarize the parties' claims and defenses: Our company entered into a lawsuit against Pepperdine University for breach of contract and non-payment. This claim was filed with the County of Los Angeles which settled out of court in arbitration on, December 21. 2015. c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: This claim was filed with the County of Los Angeles on,April 21.2015 and settled nut of court in arhitratinn on, Derember 21, 2015 (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. Yes,for convenience purposes. 82000-0016\1800815v4.doc B-5 252 9 (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 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. a.for non-payment (20) List the last three (3) projects you have worked on or are currently working on for the City of Moorpark: Parking Lot Improvements at Various Parks&Facilities City Hall Parking Lot LA Avenue Widening 82000-001611800815v4.doc B-6 253 • 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 **See Jurats attached** • Subscribed and sworn to me: Signature: /� Title: Robert Sainsbury,Vice-President Signature: Date: 06/29/2017 This day of , 20 Title: Signature: PANW1/1b) Signature: Title: Ja ottomley, Secrary Date: 06/29/2017 (SEAL) 82000-0016\1800815v4.doc B-7 254 State of California County of Ventura Subscribed and sworn to (or affirmed) before me on this 29th day of June , 2017 , by Robert Sainsury proved to me on the basis of satisfactory evidence to be the personf who appeared before me. JAN BOTTOMLErel s COMM.#2087621 R . NOT. :PUBLIC-CALIFORNIA B `am'/: Vt :TiJRACOUNTY My Commission Expires OCTOBER 25,2018 8 000000000000000 (Seal) Signature 01 `1 255 , CALIFORNIA JURAT WITH AFFIANT STATEMENT wS!::,.wCsw � 0ite.-. SvC!wC tww� .vSSSC�Cw�...NS!.�CSCvt..,... CG�w.-7\w �,. Dl ee Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of CaliforniaVil) County of hk►z, Subscribed and sworn to (or affirmed) before me on this 24 day of a-mu_ , 20 /'7 , by Date �I�� Month Year (1) A!) O�J)rn1 , Name of Sgner proved to me on the basis of satisfactory evidence PI,MELA M.AYERLE be the person who appeared before me (.) (,) ri Commissionr2046314iNotary Public-California z (and ZVentura County r .MComm.Expires Nov 17,2017 (2) , �' "%� Name of Signer proved to m- : the basis of satisfactory evidence be the pers. • appeared befor me.) Signature --9 1v. [�l Signature of Notary blic Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove RIGHTTHUMBPRINT RIGHTTHUMBPRINT. valuable to persons relying on the document and could prevent OF SIGNER#1 OF SIGNER#2 fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5910 Reorder:Call Toll-Free 1-800-876-6827 256 REFERENCES FORM For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information: Project 1 Name/Number Corporate Yard Pavement Improvement Project Project Description Remove& Replace Drainage Planters, Concrete Pavement Parking Lot Approximate Project Dates From: 06/01/2017 To: Present Agency Name: City of Santa Barbara Contact Person: Brad Klinzing Telephone: 805-564-5456 Address: 310 E Ortega St. Santa Barbara CA 93102 Original Contract Amount: $ 445,398 Final Contract Amount: $ Open 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 Ward Drive Class II Bike Lane Project Description Road Widening,AC Paving, Concrete Curbs, Gutters&Sidewalks, Striping&Signs Approximate Project Dates From: 05/2017 To: Present Agency Name: City of Goleta Contact Person: Bob Morgenstern Telephone: 805-968-6769 Address: 130 Cremona Dr. Goleta CA 93117 Original Contract Amount: $ 444.056 Final Contract Amount: $ Open 82000-0016\1800815v4.doc B-8 257 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 Pleasant Valley Road &Sturgis Road Intersection Improvements Project Description Road Widening &Traffic Signal Installation, Microsurfacing, Striping, Fencing Approximate Project Dates From: 03/2017 To: 06/2017 Agency Name: County of Ventura Contact Person: Matt Hespenheide Telephone: 805-654-2054 Address: 805-654-2054 Original Contract Amount: $ 511,304 Final Contract Amount: $ 518,936 If final amount is different from original amount, please explain (change orders, extra work, etc.). Convert Rubber AC to Conventional AC: Extended Crossovers Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes I 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-9 258 Project 4 Name/Number 2017-17 Pavement Maintenance Project Project Description Asphalt Paving, Concrete Curbs Gutters & Sidewalks;Crakfill, Slurry& Striping Approximate Project Dates From: 06/2016 To 09/2016 Agency Name: City of Solvang Contact Person: Bridget Elliott Telephone: 805-688-5575 Address: 1644 Oak St, Solvang CA 93463 Original Contract Amount: $ 432,425 Final Contract Amount: $ 432,425 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 Children's Project at Main Sidewalk Improvements Project Description Asphalt Paving, Concrete Sidewalks; Striping Approximate Project Dates From: 06/2016 To: 08/2016 Agency Name: City of Carpinteria Contact Person: Matt Maechler Telephone: 805-684-5405 Address: 5775 Carpinteria Ave. Carpinteria CA 93013 Original Contract Amount: $ 118,832 Final Contract Amount: $ 138,488 If final amount is different from original amount, please explain (change orders, extra work, etc.). Quantity Adjustments 82000-0016\1800815v4.doc B-10 259 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 Franklin Elementary School Playground Pavement Improvement Project Project Description Asphalt Pavement, Concrete Sidewalks. Install Furnishings: Crackfill. Slurry& Striping Approximate Project Dates From: 07/2016 To: 08/2016 Agency Name: Santa Barbara Unified School District Contact Person: Steve Vizzolini Telephone: 805-963-4338 Address: 720 Santa Barbara St, Santa Barbara CA 93102 Original Contract Amount: $ 102.860 Final Contract Amount: $ 102.860 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-11 260 • 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. 82000-001611800815v4.doc B-12 261 BERRY GENERAL ENGINEERING CONTRACTORS, INC. P.O. BOX 1457 VENTURA, CA 93002 805-643-7567 FAX 805-643-7482 License No. 400577 Staff Resume Dan Berry, Owner/President 40+years'experience as a licensed General Contractor, Operating Engineer, foreman, superintendant and estimator. Dan has overseen prime contracts as well as subcontracts for grading, paving and concrete construction. Working for private & public agencies from Northern Los Angeles County,Ventura and Southern Santa Barbara Counties. Robert Sainsbury,Vice-President/Chief Estimator/Project Manager* 30+years'experience in the General Contracting field providing estimating for grading, paving and concrete construction as well as Project Management for projects up to$5 million. Robert has been with Berry General Engineering for over 25 years. Jan Bottomley,Corporate Secretary 25+years'experience as administrative/controller in the construction industry. Bruce Graves,Superintendant* 25+years'experience as an Operating Engineer, Foreman and currently Superintendant on all field operations of project managing, coordinating with sub-contractors a well as supervising company field operations. Bruce has been with Berry General Engineering for over 20 years. Greg Schrader, Paving Foreman* 20+years'experience as a Construction Laborer, Operating Engineer and paving foreman in the construction industry. Greg oversees field crew paving operations and has been with Berry General Engineering for over 23 years. *Each employee has played a key role in all projects listed on Experience Statement included with this bid proposal. 262 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) pa (4 .86135-z 7.1Pu/a VG//e, C015- 5 marr.7-r-,a A- 1c: 3363 Ori) (3z/c1/ 14A?It:‘-r- v/ er Y^,lld /56077 F�1Ie 4c* c l 41/ Clv- . 4.-52 icxx.a›tc.5724. t--iptiZ–3-792_ 'q % v (Al eodsM 2.x'6 i f 1"" Vin v v 59alit en C ii! `000ao713r C 6,ca.owl G t-s fo . 72...4. G(�il�. 7 72.24+-1' i>e--1 -14-1,4_. Tt. •c- ®// e /c 4 J3 1, /14c [ 511)0v401.44- evi4,014v. loNe0/ eft') 2-x/21 4-6—it) .q6® Co memi., A I 0-52- j d0000 3382. V 5 ic, 2..c> 7c • 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-13 263 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 Contractor Address and Phone Percentage Subcontractor is Number(s) and (e.g•, of Total Bid Licensed Class(es) Registration Number Asbestos e. 10% • Number Abatement ( g ' ) and Registered* ) • The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). 2 6 4 82000-001611800815v4.doc B-13 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 Contractor Address and Phone Percentage Subcontractor is Number(s)and (e g . of Total Bid Licensed Class(es) Registration Number Asbestos o • and Registered (e.g., 10/o) 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). 265 82000-001611800815v4.doc B-13 INDUSTRIAL SAFETY RECORD FORM Bidder's Name Berry General Engineering Contractors. Inc. • Current Year of 2016 2015 2014 2013 2012 Total Record Number of contracts 13 13 21 28 23 19 117 Total dollar amount of contracts (in thousands of 2,000,000 4,892,973 3,883,329 3,505,986 5,237,830 4,612,438 dollars) Number of fatalities 0 0 0 0 0 0 0 Number of lost workday cases 0 0 0 0 1 1 2 Number of lost workday cases involving permanent transfer 0 0 0 0 1 0 1 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: /I► F , Signature: _zl- Title: Jan omlev, Secreta Title: Robert Sainsbury, Vice-President Date: 06/29/2017 Date: 06/29/2017 82000-0016\1800815v4.doc B-14 2 6 6 Bond No. NSA 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 Berry General Engineering Contractors, Inc..P.O.Box 1457,Ventura,CA 93002 (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 Fidelity and Deposit Company of Maryland 1299 Zurich Way,Schaumburg, IL 60196 (Name and address of Surety) ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Ten percent of bid amount Dollars ($10%of bid amount ), 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. 267 82000-001611800815v4.doc B-15 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: June 8th, 2017 "Principal" "Surety" Berry General Engineering Contractors, Inc. Fidelity and Deposit Company of Maryland By: Robert Sainsbu - By: Mike Melshenker Its: Vice Presiden Its: Attorney-in-Fact By: I 916 By: Its: Serirekkiii $ 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. 268 82000-001611800815v4.doc B-16 ACKNOWLEDGMENT State of California County of Ventura ) On June 29, 2017 before me, Jan Bottomley, Notary Public (insert name and title of the officer) personally appeared Robert Sainsbury who proved to me on the basis of satisfactory evidence to be the persons)whose name(*)is/are subscribed to the within instrument and acknowledged to me that he/shelt#ey executed the same in histhefltheif authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JAN BOTTOMLEY r:739"ac°°°°°3°"xmwmc*"°°"(1"1":: �.�� COMM.*2087621 5 u - .:•-. NOt�.:F';SL'C-CALIFORNIA u �. VENTURA COUNTY f 1 �^imk f My E NT ` OOUN 25,2018 Signature48/ (Seal) 269 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :�v�. .A'trs�R�s�.'>�S!c,S.!�t!s�t�_s.'.t;�t!s�S;s�tA�'�.v!�C!c�.ve'�.v!:�t�.v!s�ts�.'at;av_='�5. tr��5,!s�S✓'tt✓_�.v!=?<!'t r't;=�.�.• t;a�:%.'..'v!:�e�t�.•-�.'C!stt'tt�._�.'�.v State of California County of_IGA4- On 4 6 117 before me, G./Y) _ �qqq a P41iDateHere Insertme and Titte of the Officer ''// J personally appeared Jf.ii 60 fTbl))1� 0 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(sef is/e'subscribed to the within instrument and acknowledged to me that ,>~ PAMELA M.AYER}� LE ,.. she/tsr executed the same in Net er/tl eif authorized '' .1-. . Commission #2046314 capacity, and that by bis/her signature(e'J on the _r14`� .: Notary Public-California _ instrument the person,(,, or the entity upon behalf of Xe-`� " ' Ventura County = which the person(,) acted, executed the instrument. My Comm.Expires Nov 17 2017 • I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my • and official sea Place Nota Seal Above Signature NotarySignature of Nota Public 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 this 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: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT CI Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER 111 Trustee Top of thumb here 111 Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 270 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT "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 Ventura On 6/8/2017 before me, Jarel Guerrero, Notary Public, personally appeared Mike Melshenker 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 PURJURY under the laws of The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ;t• JAREL GUERRERO Notary Public-California I i . ,.�A . Ventura County << � Commission#2164822 My Comm.Expires Sep 16.2020 ignature of Notary Public OP 0A Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ['INDIVIDUAL DCORPORATE OFFICER TITLES(S) TITLE OR TYPE OF DOCUMENT ❑PARTNERS DLIMITED ['GENERAL NUMBER OF PAGES ®ATTORNEY-IN-FACT ❑TRUSTEE(S) ['GUARDIAN/CONSERVATOR ['OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 271 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Mike MELSHENKER,Kip KELLER,Shirley RHOADS,Achara TRUJILLO,Barbara L.AYERLE,Ronald F. COSSA and Jarel GUERRERO,all of Ventura,California, EACH its true and lawful agent and Attorney-in-Fact, to make,execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of May,A.D.2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND wa DL�ps� .N tNS_V,: 41111111% Tb � }A'.°': e fid' o"r°Wr�- (13cAsi4t4EAL � o Ita i 0� me i f 04 d7 ��/s�Lc LID' I . Assistant Secretary Vice President Dawn E.Brown Michael Bond State of Maryland County of Baltimore On this 17th day of May,A.D.2017,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. a.�-w•'w'� a�..�tltV .��`� 'nn„n Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 2 7 2 POA-F 012-8994J 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 Vice-President of Berry General Engineering , 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 06/29/2017 [date], at Ventura [city], California [state]. Signature: Ai, /'` / Signature: Printed Name: -Jan Bottomley Printed Name: Robert Sainsbury Date: 06/99/9017 Date: 0R/99/9017 This form must be notarized. 82000-0016\1800815v4.doc B-17 273 ACKNOWLEDGMENT State of California County of Ventura On June 29, 2017 before me, Jan Bottomley, Notary Public (insert name and title of the officer) personally appeared Robert Sainsbury who proved to me on the basis of satisfactory evidence to be the person()whose name(s)is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his'" the-authorized capacity(ies), and that by his/,h.,e/tom eir signature(s)on the instrument the person{), 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. : - JAN BOTTOMLEY s �; ._ COMM.#2087621 WITNESS my hand and official seal. .., NOTARY PUBLIC-CALIFORNIA f,' VENTURACOUNTY Q i O% � My Commission Fxpues OCTOBER 000000 Signature is (Seal) • 274 ` , 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s.C, !�C,70.; v.�gr, COY:C,^$,,f,„vr.,C�C,-.0 C,,,,,,,,,,C- -,--,•-�•wav;w; w-4C�•�C/,,,„.'�C�C�C�C,-Aw;w,A.v,es•,7,..-AC,,,, State of Califonia County of vr lil j/L On 42'4 11 i before me, ani,t, lAla, ' /V o Plt. lie, ' Date Here InseName andTtte of the Officerr personally appeared \..)4•/) /)o-H om I U Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameWja914 subscribed to the within instrument and acknowledged to me that !xlshe/tpeT executed the same in t}ieher/tj4r authorized ,� �. - L'` capacity(, and that by t /her/t (r signature/A'on the p.MELA M.:(201:1% 14E instrument the person), or the entity upon behalf of " CommiPublic Calitorn a v which the person(,$) acted, executed the instrument. ..... Notary a:t 1;n z :0.40 IT Ventura County Z -' My comm.Expires Nov 17,,2. )'.> I certify under PENALTY OF PERJURY under the laws Y of the State of California that the foregoing paragraph is true and correct. • WITNESS my han and official seal. Signature mgiii. � I," Place Notary Seal Above Sig tore of No ry P lic 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 this 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: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER El Trustee Top of thumb here ❑Trustee Top of thumb here I=1 Guardian or Conservator ❑Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: s�<:.:/._,r_;s._:- • • .._;. .._,,,_;:\_,,,—.4-4._..4,—.4....4,4 • • •_;c\,s:-,c\_:s 4,.._"_.`.s`.s:-s:. .,-\.s\s`,s\s\_.�/\—.\—."\.s\_.ss.— ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 275 4' 4 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name: Berry General Engineering Contractors, Inc. The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature 1 06/22/2017 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-18 276 Pavement Rehabilitation Project at Arroyo Vista Community Park—Addendum No. 1 June 22, 2017 Page 3 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 puce bid and no additional compensation will be`flowed. -era fore. ii 1 -i, 0‘y Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City's Project Representative Christopher Ball, cball@moorparkca.gov. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRISTOPHER BALL AT cbalI moorparkca.gov AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Berry General Engineering Contractors. Inc. Authorized Representative: Robert Sainsbu Vice-President Signature of Authorized Representative: "tea r Attachments: 277 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: Robert Sainsbury,Vice-President itle Date 06/29/2017 82000-0016\1800815v4.doc B-19 2 7 8 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 Robert Sainsbu Title: Vice-President Date: 06/29/2017 82000-0016\1800815v4.doc B-20 2 7 9 } 2 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 .• comply with such provisions before commencing the performance of the work of this con t." Signature Date 06/29/2017 Printed Name o ert Sainsbury Company Berry General Engineering Contractors, Inc. Title Vice-President 82000-0016\1800815v4.doc B-21 2 8 0 a CERTIFICATE I,Jan Bottomley, the duly elected and acting Secretary of Berry General Engineering Contractors, Inc., do hereby certify that at a meeting of the Board of Directors of said corporation duly called and held on the 15th day of September, 2016.At which meeting a quorum was present,the following Resolution was, upon motion duly made, seconded and unanimously carried, adopted: RESOLUTION BE IT RESOLVED, that either President, Dan Berry;Secretary,Jan Bottomley; Vice-President, Robert Sainsbury; on behalf of Berry General Engineering Contractors, Inc., is authorized to execute contracts on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of September, 2016. Sejtary. , 281 EXHIBIT D 6;;;;;E, Cq�O'A *°444111Collt 110,J�� CITY OF MOORPARK CONTRACT DOCUMENTS FOR PAVEMENT REHABILITATION PROJECT AT ARROYO VISTA COMMUNITY PARK IDENTIFICATION NO. P&R - 2017-2 282 82000-0016\1919347v1.doc 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- 283 TABLE OF CONTENTS Page APPENDIX I: TECHNICAL SPECIFICATIONS APPENDIX II: CITY HOLIDAYS APPENDIX III: TRAFFIC ADVISORY SIGNAGE APPENDIX IV: VCAPCD, RULE 55, FUGITIVE DUST APPENDIX V: WAGE RATES APPENDIX VI: PROJECT PLANS 82000-0016\1800815v4.doc -II- 284 NOTICE INVITING BIDS FOR Pavement Rehabilitation Project at Arroyo Vista Community Park [the "Project"] Identification number: P&R—2017-2 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 29th day of June, 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 June 13, 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, Contractor's license issued by the California State Contractors License Board at the time of the Bid submission, 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-1 285 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. 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 ACCESS ROAD PAVEMENT REHABILITATION — ARROYO VISTA COMMUNITY PARK — 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 jsandifer cr moorparkca.gov. 82000-0016\1800815v4.doc NC-2 2 8 6 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 1-1 287 87 DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose. In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the "extended amount" column, then the amount set forth in the "extended amount" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "extended amount" column shall be the unit price. (2) As to unit price items, the amount set forth in the "extended amount" column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price. In case of discrepancy between words and figures, the words shall prevail. COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors. BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. It will also be assumed that Bidder has familiarized themselves with the requirements for insurance from the City of Moorpark as outlined in the bid documents. Failure to provide the required insurance will result in forfeiture of the Bid Bond. No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law. DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or 82000-001611800815v4.doc 1-2 2 8 8 from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected. RETURN OF BID SECURITY. The successful Bidder's Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder has signed the Contract. AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within ninety (90) Days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid. ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined as follows: The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). Contractor shall self-perform not less than fifty percent (50%) of the Work, as determined by the percentage of Work to be performed by listed Subcontractors. EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder's security. In such event, the City may declare the Bidder's security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids. SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom. INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor's faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their use at the time of Bid submission. INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or 82000-001611800815v4.doc 1-3 2 8 9 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 1-4 290 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. 82000-001611800815v4.doc 1-0 2 9 1 BID CITY OF MOORPARK PAVEMENT REHABILITATION AT ARROYO VISTA COMMUNITY PARK 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: 62000-0016\1800815v4.doc B-1 2 9 2 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 Payment Unit No. Ref. Description Qty Unit Price Total Traffic Control, Construction 1 702-5 Signage and Traffic 1 LS Maintenance 2 703-2 Stormwater Pollution Control 1 LS 3 704-4 Pavement Surface Preparation 1 LS 4 705-6 Pavement Milling 65,000 SF 5 707-6 Asphalt Concrete 65,000 SF 6 708-5 Slurry Seal—Access Road 71,500. SF (Station 17+80 to end) 7 708-5 Slurry Seal —Parking Lot B 43,865 SF 8 708-5 Slurry Seal—Parking Lot C 30,250 SF 9 708-5 Slurry Seal —Parking Lot D 65,450 SF 10 712-6 Parking Lot D Driveway 1 LS 707-6, Remove and Replace Asphalt 11 709-6 Concrete 5,000 SF 12 707-6 Speed Bumps 1 LS 13 712-6 Entrance Gate 1 LS 82000-0016\1800815v4.doc B-2 2 9 3 Item Payment Unit No. Ref. Description Qty Unit Price Total 14 710-3, Adjust Utility and Survey 1 LS 712-6 Monument Covers 15 711-7 Traffic Signing and Pavement 1 LS Delineation 708-5, Lassen Avenue Bikeway 16 711-7 Resurfacing/Redwood Header 1 LS Replacement 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-3 294 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-4 295 (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-5 296 (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-6 297 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-7 298 REFERENCES FORM For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information: Project 1 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.). Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Project Description Approximate Project Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ 82000-0016\1800815v4.doc B-8 299 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. 82000-001611800815v4.doc B-9 300 OO 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.). 82000-001611800815v4.doc B-10 3 01 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-1 1 302 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-12 303 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 $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which CSLB License DIR Type of Work Percentage Subcontractor is Number(s)and Contractor Address and Phone (e.g., of Total Bid Licensed Class(es) Registration Number Asbestos (e.g., 10%)* and Registered Number Abatement) * The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). 82000-001611800815v4.doc B-13 304 INDUSTRIAL SAFETY RECORD FORM Bidder's Name Current Year of 2016 2015 2014 2013 2012 Total Record Number of contracts Total dollar amount of contracts (in thousands of dollars) Number of fatalities Number of lost workday cases Number of lost workday cases involving permanent transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. Signature: Signature: Title: Title: Date: Date: 82000-0016\1800815v4.doc B-14 305 Bond No. BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("Public Agency"), has issued an invitation for Bids for the Work described as follows: Demolition of Structures and Site Clearance at 104 and 192 High Street WHEREAS (Name and address of Bidder) ("Principal"), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), 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-15 306 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-16 307 07 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-17 308 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-I 8 3 0 9 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-19 310 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-20 311 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-21 3 1 2 SAMPLE CONTRACT AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR PAVEMENT REHABILITATION AT ARROYO VISTA COMMUNITY PARK 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 pavement rehabilitation at Arroyo Vista Community Park; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, 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 B, 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 pavement rehabilitation as Arroyo Vista Community Park, as set forth in Exhibit C: Contractors 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 D, which includes (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 Package". Where said Scope of Services as set forth in Exhibit C and Exhibit D is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit D. 82000-0016\1800815v4.doc C-22 313 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total value of dollars ($)0XXX) as stated in Exhibit C, without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be [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 C, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($)0XXXX) 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-23 314 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-24 315 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-25 316 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 Citywith 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-26 317 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 Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15. UNDUE INFLUENCE 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-27 318 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. 82000-001611800815v4.doc C-28 319 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 C and Exhibit D, attached hereto and incorporated herein by this reference as though set forth in full. 82000-0016\1800815v4.doc C-29 3 2 0 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-30 3 2 1 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 ofthe 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 82000-0016\1800815v4.doc C-31 3 2 2 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-32 323 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-33 3 2 4 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 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-34 325 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-35 326 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-36 3 2 7 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. 82000-001611800815v4.doc C-37 328 (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-38 329 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: PAVEMENT REHABILIATATION AT ARROYO VISTA COMMUNITY PARK (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. 82000-001611800815v4.doc C-39 330 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-40 331 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-41 332 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-42 333 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# 82000-0016\1800815v4.doc C-43 3 3 4 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 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 82000-001611800815v4.doc C-44 • 335 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-1 336 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-2 337 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. 82000-001611800815v4.doc GP-3 338 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-4 339 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-5 340 the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the City. All requests for substitution shall be submitted, together with all documentation necessary for the City to determine equivalence, no later than five (5) Days before the Bid submission deadline, unless a different deadline is listed in the Special Provisions. SECTION 5 UTILITIES The provisions below shall supplement but not replace those provisions in Section 5 of the Standard Specifications. 5-1 LOCATION The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site. 82000-0016\1800815v4.doc GP-6 3 41 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 3 4 2 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: 82000-0016\1800815v4.doc GP-8 343 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 I 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 3 4 4 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-1 0 345 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-11 346 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 3 4 7 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. 82000-0016\1800815v4.doc GP-1 3 348 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-14 349 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-15 350 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 each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(1-1/2) times the basic rate of pay. 7-2.5 Registration with the DIR In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 7-2.6 Compliance Monitoring and Posting Job Sites This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 7-2.7 Subcontractors For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the 82000-001611800815v4.doc GP-16 351 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 82000-001611800815v4.doc GP-17 352 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\180081 5v4.doc GP-1 8 353 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-19 354 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-20 355 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. 82000-0016\1800815v4.doc GP-21 356 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. 82000-0016\1800815v4.doc GP-22 357 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. 82000-0016\1800815v4.doc GP-23 358 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-24 359 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 3 6 0 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 3:00 p.m., Monday through Friday. No. Work will be allowed on Sunday or City holidays, which are as follows: (see Appendix III). In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours' notice to the City so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the.City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that 82000-001611800815v4.doc GP-26 3 61 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. 82000-0016\1800815v4.doc GP-27 362 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-28 363 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-29 364 PAVEMENT REHABILITATION PROJECT AT ARROYO VISTA COMMUNITY PARK ACKNOWLEDGEMENT These technical specifications have been prepared under the direction of the following professional engineer, licensed by the State of California: Name: No. C60214 Jonathon M. Turner, Civil Engineer Exp. 6/30/18 Phoenix Civil Engineering, Inc. GP-- 30 82000-0016\1800815v4.doc - 365 SPECIAL PROVISIONS SECTION 700 SPECIAL CONDITIONS (Not a Bid Item) 700-1 STANDARD SPECIFICATIONS The Standard Specifications for Public Works Construction (SSPWC), dated 2015, along with the modifications thereto have been established as the Standard Specifications for the City of Moorpark. These specifications will prevail as the basic Standard Specifications for this project except as otherwise specifically noted in the Special Provisions when reference is made to the State Standard Specifications. The State Standard Specifications is that document issued by the State of California, Department of Transportation, titled Standard Specifications, 2015, referred to herein as the State Standard Specifications, or the SSS. When references have been made to the SSS, it is for the purpose of utilizing that specifications'traffic and safety provisions as indicated elsewhere herein. Where required by these Special Provisions, work shall conform to the requirements of the SSS, except that when reference is made to other sections of the City's Standard Specifications, all references to "State" shall mean the City. The SSS measurement and payment clauses are not included. 700-2 MANDATORY PRE-BID MEETING A mandatory pre-bid meeting and job walk (the "Mandatory Pre-Bid Meeting") will be held at the project site (meet at the Recreational Center, 4550 Tierra Rejada Rd., Moorpark, CA 93021) at 9:00 am on June 13, 2017. At the Mandatory Pre-Bid Meeting, Bidders will have the opportunity to visit the Site and ask questions regarding the local conditions, potential construction difficulties and restrictions related to the performance of the Work under the Contract. In order for a Bid to qualify for consideration in making an award, the Bidder shall have a responsible representative present for the entire duration of the Mandatory Pre-Bid Meeting. Bids received from Bidders not represented at the Mandatory Pre-Bid Meeting will be returned to the Bidder unopened. RSVP with Jessica Sandifer(jsandifer@moorparkca.gov) at the City by June 11. 700-3 AWARD OF CONTRACT A construction contract will be awarded to the lowest responsive and responsible bidder. However, the City reserves the right to award or not to award. SP- 1 - 366 700-4 START OF CONSTRUCTION The Notice to Proceed will be issued upon awarding a construction contract and receipt of the necessary bonds and insurance certificates. The necessary bonds and insurance certificates shall be submitted to the City within 10 days in advance of the award of contract. Prior to issuing the Notice to Proceed, but subsequent to receiving the submittals of Subsection 701-14, a pre-construction conference will be undertaken. The date of the Notice to. Proceed constitutes the start of construction, which date will be the first chargeable working date of the contract. 700-5 TIME OF COMPLETION The Contractor shall complete the work including punch list items(if applicable) within 30 working days from the date of the written Notice to Proceed. The issuance of the Notice to Proceed constitutes the Contractor's authority to enter upon the work site and begin operations. A no fee Encroachment Permit shall be obtained by the Contractor from the City, where applicable. 700-6 WORKING HOURS &WORKING DAYS Construction working hours shall be limited to the hours between 7:00 a.m. and 3:30 p.m. Monday through Friday, unless otherwise approved by the City in writing. When school is in session, working hours for deliveries shall be restricted between 7:45 a.m. and 8:20 a.m. as well as between 2:45 p.m. and 3:15 p.m. Work at the entrance area off of Tierra Rejada shall be limited to the hours between 9:00 a.m. and 3:00 p.m., if applicable, unless otherwise specified in these Special Provisions. As an option, work in the vicinity of schools may be done on Saturdays or any "no school" day, with the approval of the City. Lane closures within 200 feet of a signalized intersection shall be limited to the hours between 9:00 a.m. and 3:00 p.m., except as otherwise indicated in Section 702, "Traffic Control, Construction Signing and Traffic Maintenance," of these Special Provisions. Any overtime for construction survey, geotechnical/testing services, and inspection by City staff, outside of the 7:00 a.m. to 3:30 p.m. hours Monday through Friday, and any work on Saturdays, Sundays and Holidays, shall be paid for by the Contractor, and such costs will be deducted from the progress payments to the Contractor. The Contractor shall provide at least forty-eight hour notification for all his/her overtime work requests. The following days are recognized as holidays by the City: 1. January 1st(New Year's Day) &2nd (Extended Holiday) 2. 3rd Monday in January (Martin Luther King, Jr. Day) 3. 3rd Monday in February(President's Day) 4. Last Friday in March (Cesar Chavez Day) 5. Last Monday in May (Memorial Day) 6. July 3rd (Independence Day) 7. 1st Monday in September(Labor Day) 8. November 10th and 11th (Veteran's Day) 9. Last Thursday in November(Thanksgiving Day) 10. Last Friday in November(Day after Thanksgiving) 11. December 25th and 26th (Christmas Day and extended Christmas Holiday) SP-2 - 367 When any of the above listed holidays falls on Sunday, the holiday shall be observed on the following Monday. Whenever any holiday falls on a Saturday, the holiday shall be observed on the preceding Friday. 700-7 FAILED TESTS All retesting of failed materials, field compaction tests, and standby charges for such services will be accomplished at the Contractor's expense. The cost for all retesting and standby charges will be deducted from the progress payments to the Contractor. The Contractor shall provide at least forty-eight (48) hours notification for the need of compaction and materials testing. 700-8 EXTRA WORK MARKUP (a) Extra Work by Contractor. The following percentage shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits, and all other cost not specifically provided for when preparing Change Order Requests and Extra Work Reports: (1) Labor 20% (2) Materials 15% (3) Equipment Rental 15% (4) Other Items and Expenditures 15% To the sum of the cost and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 700-8 (a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10% on the first $5,000 of the subcontracted portion of the extra work and a markup of 5% on work in excess of$5,000 of the subcontracted portion of the extra work may be added by the Contractor. 700-9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. SP- 3- 368 700-9.1 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 700-10 DIR COMPLIANCE AND PREVAILING WAGES This project is subject to monitoring and enforcement by DIR, including the obligations to submit certified payroll records directly to the Compliance Monitoring Unit (CMU) through the CMU's online eCPR system at least monthly. Contractor is required to post a notice at the job site as required by Chapter 8, Section 16451(d) of the California Code of Regulations. The notice shall also include the logos of the City of Moorpark and the Ventura County Transportation Commission (to be provided by the City). In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. In accordance with Labor Code Section 1770 et seq., the Project is a "public work." The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations ("DIR") regarding the prevailing rate of per diem wages. Copies of those rates are on file and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. 700-11 MEASUREMENT AND PAYMENT No separate payment will be made for work performed or for compliance with the requirements out lined in this Section, "Special Conditions." Full compensation for such work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. SP-4- 369 SECTION 701 SPECIAL CONSTRUCTION REQUIREMENTS (Not a Bid Item) 701-1 PERMITS 701-1.1 City Encroachment Permit: The Contractor is required to obtain a no-fee Encroachment Permit from the City prior to commencing any construction within the public right-of-way. 701-2 MOBILIZATION Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, supplies, and incidentals to the project sites, and for all other work operations which must be performed, or costs incurred, prior to beginning work on the various contract items on the project sites. 701-3 CONSTRUCTION SCHEDULE AND TRAFFIC CONTROL PLAN One week prior to the Pre-Construction Conference, the Contractor shall submit to the City for review: 1) a project Construction Schedule in accordance with the SSPWC Subsection 6-1, "Construction Schedule and Commencement of Work," 2) Traffic Control Plan addressing the requirements of Section 702, "Traffic Control, Construction Signing and Traffic Maintenance," 3) a Stormwater Pollution Control Plan (SWPCP) addressing the requirements of Section 703, of these Special Provisions, for the affected project sites, and 4) hauling routes of asphalt concrete pavement materials. The Contractor's sequence and scheduling of construction shall provide for on-street parking within one hundred and fifty feet of any residence or business, if applicable, unless otherwise authorized in writing by the City. Any revisions to the originally approved Construction Schedule must be approved by the Parks and Recreation Director, in writing, at least three working days prior to any construction. 701-4 NOTICE TO PARK AND FACILITY USERS The Contractor shall place notices, as applicable at least four working days prior to restricting parking lot access or starting any work. Notices shall describe the impending work, and shall identify dates of work and parking lot closure. The written Notice shall be approved by the City Representative. SP- 5- 370 701-5 CONSTRUCTION SURVEYING The Contractor shall provide all necessary construction surveying to construct the improvements as shown on the plans and described in these specifications. Construction surveying shall only be provided by surveyors possessing current certification as a Professional Land Surveyor by the California Board for Professional Engineers, Land Surveyors, and Geologists. The locations and limits of removal and construction of miscellaneous concrete and asphalt concrete facilities will be staked or marked by the City in the field. 701-6 COORDINATION OF WORK The Contractor shall coordinate the work with all respective utility companies for any related relocations and/or construction work. The contractor shall also coordinate the work with The U.S. Post Office at (805) 552-0340, The Moorpark Unified School District at (805) 378-6300, the Ventura County Fire Protection District at (805) 389-9710, GI Industries at (805) 522-9400 and Andersons Rubbish at (805) 526-1919, if work operations are likely to limit site access by these companies to the work locations. The Contractor shall make every effort to eliminate or minimize any impacts on U.S. Post Office, Ventura County Fire Department, and school traffic. 701-7 REMOVAL OF MATERIALS All materials which are to be disposed of, including but not limited to, saw-cut concrete and asphalt concrete pavement, miscellaneous concrete, and excess excavated earth and base material and other extraneous materials and debris, shall be removed immediately from the construction site. No overnight storage of materials or debris will be allowed in the parking lots or surrounding areas. All surplus and extraneous materials and debris shall be disposed of by the Contractor at an approved landfill or disposal site at the Contractor's expense, in accordance with the City's Construction and Demolition Ordinance as outlined in 701-9. 701-8 EQUIPMENT AND MATERIALS STORAGE The Contractor shall arrange and maintain a secure storage site(s) for all equipment and materials. All equipment and unused materials shall be returned to this site(s) at the end of each work day. The Contractor shall submit a route plan for the delivery of materials to both the job and storage sites at least three (3)working days before commencing work. 701-9 CONSTRUCTION AND DEMOLITION ORDINANCE 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 SP-6 - 371 recycling). The City has created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist applicants to meet these diversion requirements. The Contractor 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 the Contractor met the 65% diversion requirement. Additionally, a one-time fee for staff time associated with processing the C&D plan will be charged to the Contractor. The Contractor has two options to meet this requirement, the first being use of franchised haulers and the second being self-hauling project waste. The Contractor 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 project waste at a city authorized facility. Alternatively, the Contractor may self-haul the project waste to a city authorized certified C&D processing facility. If the contractor self-hauls the waste, the Contractor must use proper hauling vehicles and bins owned by the Contractor's company and those vehicles must be driven by the Contractor's employees. As 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. The Contractor will need to submit itemized weigh tickets from each facility documenting 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 the Contractor's C&D diversion security deposit. If diversion requirements are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-6257 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. 701-10 PROTECTION OF EXISTING IMPROVEMENTS During construction of the proposed improvements, extreme care shall be exercised to protect existing public and private property improvements, such as concrete and block walls, hardscape, fences, walks, brick planters, curbs, valves, asphalt, irrigation lines, landscaping, garden lights, utility meters, drainage structures, posts, signs, etc., unless otherwise identified in these Special Provisions, or shown on the Plans for relocation/removal/ reconstruction by the Contractor. Repair and/or replacement of any facilities damaged and/or removed by the Contractor that are to remain, shall be at the expense of the Contractor. No markings will be allowed on existing cross-gutters, spandrels, curb/putters, and sidewalks. All 'USA' and other markings shall be removed by the Contractor. 701-11 DUST AND NOISE CONTROL The Contractor shall provide the means to prevent dust, grit, excessive noise and other waste products from becoming a nuisance in and around the working areas. The Contractor shall take such steps, with the approval of the City, to reduce or eliminate such nuisance. The Contractor is required to control dust during the entire contract period, including holidays and weekends. The Contractor shall comply with Ventura County Air Pollution Control Board Rule 55, Fugitive Dust (see Appendix E). SP- 7- 372 If the Contractor fails to control dust in accordance with these contract specifications, the City reserves the right to hire another contractor or agency to perform such work on a "force account" basis. The total cost for performing this work will be deducted from the total price of this Contract. 701-12 SURVEY MONUMENT TIES ADJUSTMENTS The Contractor shall locate, protect and save any and all survey monuments and ties that will be, or may be damaged or destroyed by the Contractor's operation. All existing nails and markers within the limits of sidewalks, curbs, curb/gutters, curb ramps and streets, if applicable, shall be tied down by the City's Contract Surveyor prior to such removals for subsequent adjustment and/or installation. Where a survey monument and/or property corner tie will be removed due to this construction, the Contractor shall save the monuments, markers, and appurtenances. The reinstallation of the actual monuments and/or property corners will be accomplished by the City's Contract Surveyor. A forty- eight hour notification to the City is required before removal of a survey monument tie. 701-13 MAINTENANCE OF EXISTING DRAINAGE SYSTEM The Contractor shall maintain the existing drainage system within the City parking lots during the entire duration of the construction. This item shall include erosion control where applicable. 701-14 SUBMITTALS SSPWC Subsection 2-5.3, "Submittals," is hereby supplemented as follows: Submittals (as applicable) shall consist of mix design and pre-testing of asphalt concrete, aggregate base, and Portland Cement Concrete, material certification for tack coat, crack seal, slurry seal, and striping materials. Cut sheets for materials to be installed such as the gate and replacement utility covers shall also be provided for approval. Tests will largely be performed in accordance with the City's adopted Quality Assurance Program "QAP". The City will undertake plant inspections and testing of special items such as asphalt concrete and aggregate base. Three weeks prior to the use of any material, the Contractor shall provide written certifications, shop drawings, and mix designs of all materials to be incorporated in the work. The Contractor shall not deliver any or use such materials prior to the approval of the City in writing. 701-15 PROGRESS PAYMENTS The Contractor or its designated representative shall sign a monthly quantity payment sheet of completed work in order to expeditiously process monthly progress payments. SP- 8- 373 701-16 WATER FOR CONSTRUCTION Water for construction purposes as required by these specifications may be obtained from Ventura County Water Works District No. 1, (805) 378-3000. The Contractor shall make all arrangements to obtain and transport the water, and shall, at his/her own expense, furnish and install all necessary metering, piping, and fittings. All costs associated with water for construction shall be borne by the Contractor. 701-17 MEASUREMENT AND PAYMENT No separate payment will be made for any other work or other features as required and outlined in this Section, "Special Construction Requirements." Full compensation for such work and features shall be considered as included in the contract unit or lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. SSPWC Subsection 9-2 is hereby modified as follows: The Schedule of Values provided by the Contractor identifying the breakdown of lump sum items shall be used to determine change order costs (additions or deletions) of similar work. The breakdown shall separate out the labor and material costs as well as identify overall unit prices for work items that are combined within the lump sum price. SP- 9- 374 APPENDIX I —TECHNICAL SPECIFICATIONS SECTION 702 TRAFFIC CONTROL, CONSTRUCTION SIGNAGE AND TRAFFIC MAINTENANCE (Bid Item No. 1) 702-1 DESCRIPTION Traffic control, construction signing and traffic maintenance shall consist of all traffic control involved in the Contractor's operations as required by these Specifications. Traffic control shall be in accordance with the most recent revision of the Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones" and "Standard Plans" and the SSS Subsections 7- 1.03, "Public Convenience," 7-1.04, "Public Safety," and Section 12, "Temporary Traffic Control." Nothing in these Specifications shall be construed as relieving the Contractor from his/her responsibility as provided in the SSS Subsection 7-1.04. All measurement and payment clauses of the SSS are hereby deleted and modified herein. 702-2 CONSTRUCTION -TRAFFIC CONTROL DEVICES Construction signing shall consist of furnishing, installing, maintaining and removing construction signs, barricades, and arrow boards, as necessary to ensure safe travel of the public through the worksite, if applicable. The traffic control system shall be installed prior to starting work at each affected location and shall not be removed until all work has been completed. The Contractor shall post and maintain all necessary construction signs and flaggers, when necessary. The Contractor, where directed and as approved by the City, shall furnish and place temporary "No Parking"signs, 12 inches x 18 inches minimum size, in the affected parking lots. The signs shall be placed two working days in advance of any work. The signs shall include the day and the time during which parking will not be permitted. These signs shall be posted on laths only. Trees, utility posts, etc., shall not be used. The Contractor shall remove these signs immediately when they are no longer needed. The Contractor shall furnish, erect, maintain and remove when no longer necessary traffic control devices including fences and barriers, when and where it may be necessary to do so, in order to give adequate warning to the public of conditions resulting from the Contractor's operations and to guide traffic through or around the construction area. If the Contractor's operations interfere with existing traffic, and regulatory measures and traffic control devices are not adequate to safely control traffic, or if the nature of the work requires additional control, the Contractor shall provide experienced flaggers to perform the function of traffic control. While on duty, flaggers shall be properly attired and equipped. The Contractor shall place and maintain barricades at each end of and along an excavation, obstruction, or other restrictive condition and at distances of not more than fifty feet apart along the length thereof. In addition, flashers or other approved warning devices shall be placed at the APPENDIX I -1 - 375 same intervals/locations as the barricades and shall be illuminated from sunset each day until sunrise of the following day. 702-3 TRAFFIC MAINTENANCE The Contractor shall cooperate with the City relative to handling traffic through all work areas, and shall make his/her own arrangements relative to keeping the working area clear of parked vehicles, and in maintaining clear and continuous access to adjacent properties. The Contractor shall provide for controlled pedestrian crossings through the work area. Crossings shall provide pedestrians the means of passing over or through the work without tracking either tack coat or hot asphalt concrete, or endangering pedestrian safety. Throughout the life of the project, safe, unobstructed and adequate pedestrian and vehicular access shall be continuously provided and maintained to fire hydrants, bus stops, and all affected property, unless otherwise approved in advance on a specific location basis by the City. Care must be taken to comply with access requirements, for those access points that serve as the sole access to one or more properties. Where non-motorized (pedestrian or bicycle) facilities exist, they shall be maintained in passable condition or other facilities shall be provided. In areas of high volume non-motorized traffic, the Contractor shall provide for controlled pedestrian crossings through the work or schedule work to avoid peak non-motorized volumes. Crossings shall provide for the existing non-motorized volumes. The crossings shall provide a means of passing over or through the work without tracking construction materials such as tack coat or hot asphalt concrete. The Contractor's equipment, and personal vehicles of the Contractor's employees, shall not be parked on the traveled way nor on any section where traffic is restricted at any time. When material excavated for substructure construction is placed adjacent to the trench or excavation, it shall be placed in such manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times. The Contractor shall cooperate with the City in locating all traffic control devices required. If the Contractor fails to promptly provide traffic control devices as required under this Section, the City may, at its option, so provide them at the Contractor's expense. The Contractor shall pay to the City, or the City may deduct, the cost of such work from any moneys due the Contractor from the City. 702-4 PUBLIC RELATIONS, CONSTRUCTION PHASING, AND ACCESS Project construction shall be phased to facilitate safe and efficient traffic flow, and to maintain public relations and minimize the inconvenience to the public. The park is used heavily for community events and by both youth and adult sports leagues. Efforts shall be made by the Contractor to ensure minimal disruption to park activities and that ample parking remains APPENDIX I -2- 376 available at most times. At the end of each work week, efforts shall be made to minimize the areas that are closed to the public due to construction activities. In addition, the high school is located at the entrance to the park and the driveway is shared. Work shall be completed at the entrance area when school is not in session (beginning of the project). Deliveries and equipment movement shall be restricted to the hours of after 8:30 am and not between the hours of 2:45 to 3:15 pm to avoid the school traffic. 702-5 MEASUREMENT AND PAYMENT Measurement and payment for traffic control, construction signage, and traffic control maintenance, including special traffic advisory signs shall be made at the contract lump sum price, complete in place, as shown in the Bid Schedule. The above price and payment shall be considered as full compensation for furnishing all labor, materials, equipment, tools, transportation and incidentals, and for doing all the work involved and necessary for traffic control, construction signing and traffic control maintenance, complete in place, including preparation of traffic control plans, notices, signs, barricades, delineators, sign relocations and maintenance, flaggers, and auxiliary police services, as specified in the SSPWC and these Special Provisions, and as directed by the City. APPENDIX I -3- 377 SECTION 703 STORMWATER POLLUTION CONTROL (Bid Item No. 2) 703-1 DESCRIPTION The Contractor shall take all necessary steps during the project construction period to prevent or reduce discharge of pollutants from the work sites to the City storm drain system utilizing the following prevention measures: • Maintain clean work sites through good housekeeping measures and regular clean-up and disposal of all debris, storage materials, saw-cut slurry, waste, etc. • Eliminate discharge of sanitary water/septic waste to storm drain system by providing convenient and well maintained facilities, and regular service and disposal. • Manage and operate construction vehicles and equipment in a manner to prevent leaks, spills, and waste. • Prevent and control the discharge of: Soil Sediments Concrete and mortar waste Asphalt and bituminous materials Paints, solvents, adhesives, and cleaning solutions Construction water Saw-cut slurry materials • Prevent pollution of the storm drain system during import, export, stockpiling, and spreading or grading of earthwork materials. For more detailed information and specifications for stormwater pollution control at construction sites, refer to document entitled, "Stormwater Pollution Control Guidelines for Construction Sites,"which by reference forms a part of these Special Provisions and is available at the Public Works counter. To assure achieving the above requirements, a Stormwater Pollution Control Plan (SWPCP) shall be submitted with the contract documents at least one week prior to the Pre-Construction Conference for the City's review. The SWPCP shall include the Contractor's proposed provisions for diverting and controlling water around the project site, and the prevention of pollutant discharge as described herein. For more information contact the City's NPDES Coordinator at(805) 517-6257. APPENDIX I -4- 378 703-2 MEASUREMENT AND PAYMENT Measurement and payment for Stormwater Pollution Control will be paid for at the contract lump sum price bid as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, materials, equipment, tools, transportation and incidentals, and for doing all the work involved and necessary to accomplish the prevention and control of pollutant discharge to stormwater, including good housekeeping practices, containment of waste, control of construction site perimeter, vehicle and equipment management, management of concrete and mortar products, management of asphalt and bituminous products, stockpiles, paint, solvents, solutions, dust control, and the preparation of the SWPCP, complete, as specified in these Special Provisions, and as required by the federal NPDES for Stormwater Pollution Control Program, and as directed by the City. • APPENDIX I -5 - 379 SECTION 704 PAVEMENT SURFACE PREPARATION (Bid Item No. 3) 704-1 GENERAL Prior to placement of any slurry seal or asphalt concrete overlay, minor failures, such as cracks 1/8-inch wide or wider at the pavement surface, shall be repaired. This repair work shall consist of weed removal, crack cleaning and sealing, and patch cracks greater than 1-inch wide, pavement spalls, and potholes by hand placing and compacting with asphalt concrete hot mix. Where cracks have formed, and the pavement has been raised creating a ridge, the Contractor shall remove the ridge by chipping, grinding, or a method approved by the City, prior to filling the crack. Vacuum or air generated type sweepers shall be used for surface preparation. Mechanical type sweepers shall not solely be used. 704-2 CRACK SEALING This work shall consist of routing and filling all cracks 1/8-inch wide or wider in asphalt concrete pavement to receive slurry seal. Cracks shall be filled with sealant material, meeting the following specifications. Excess crack sealing materials shall be removed from the pavement surface by cold milling as directed by the City. 704-2.1 Routing All cracks in the asphalt concrete pavement receiving sealant shall be routed by mechanical means to a minimum width of 1/2 inch and 3/4 inch deep. 704-2.2 Blowing of Cracks All cracks in the asphalt concrete pavement receiving sealant shall be blown clean and free from dirt, debris and vegetation with compressed air at not less than 100 psi. 704-2.3 Sealing All properly prepared cracks shall be sealed by inserting a nozzle into the crack and filling it from the bottom up with the approved sealant material, meeting the following specification. TEST PARAMETER SPECIFICATION LIMITS Cone Penetration (ASTM D3407) 15—45 Resilience (ASTM D3407) 30% min. Softening Point, (ASTM D36) 200°F min. Ductility, 77°F (ASTM D113) 30 cm-min. Flexibility(Crafco Procedure) Pass @ 30°F Asphalt Compatibility (ASTM D3047) Pass Bitumen Content(ASTM D3407) 60% min. APPENDIX I -6 - 380 Tensile Adhesion (ASTM D3583) 400% min. Safe Heating Temperature 400°F Recommended Pour Temperature 380°F Brookfield Viscosity, 4000 - 15000 cp 375°F (ASTM D3236) 704-2.4 Squeegeeing After filling the cracks with the sealant, they are to be squeegeed with a "U" shaped squeegee. The sealant shall not be left flush with the adjacent pavement surface but remain down 1/4 inch below the adjacent pavement surface. 704-2.5 Equipment The router shall be a two wheeled, impact router. The sealant machine shall be a double boiler heat system capable of heating the sealant to the manufacturer's recommendations without placing direct heat on the sealant. The compressor shall be a compressor capable of providing a minimum of 100 psi at the nozzle for removal of any debris, dirt or vegetation remaining in the cracks after the routing. The squeegee shall be a "U" shaped, rubber footed tool capable of leaving the sealant'/4 inch below the adjacent pavement surface, and without leaving excess material in the cracks and any material on the adiacent pavement after filling. 704-3 GRASS AND WEED KILLING At least one (1) week prior to crack sealing, any existing grass and weeds shall be destroyed by application of weed killer. The application shall be performed by a person or firm licensed for this type of work, using the chemical "Roundup" for the contact kill (including application of the identification dye) and the chemical "Oust" as the pre-emergent and long lasting kill, or approved equal. The pre-emergent herbicide selected was recommended by a State of California licensed pest control advisor and the application is approved for use in California. 704-4 MEASUREMENT AND PAYMENT Measurement and payment for pavement surface preparation shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved and necessary for street surface preparation, complete in place, including all crack cleaning, routing, sealing, grass and weed killing and removal, pothole repairs, and disposal of all extraneous materials and debris, as shown on the Plans, as specified in the SSPWC and these Special Provisions, and as directed by the City. APPENDIX I -7- 381 SECTION 705 PAVEMENT MILLING (Bid Item No. 4) 705-1 SCOPE The existing pavement adjacent to existing curbs, gutters, cross gutters or at the ends of overlays, and over areas to receive asphalt overlay shall be cold planed as specified herein. Limits, depths and dimensions of pavement milling are designated, herein, or on the Plans. 705-2 EQUIPMENT The machine used for milling shall have performed satisfactorily on similar work and shall meet the following requirements: The milling machine shall be specially designed and built for milling of bituminous pavements without the addition of heat. It shall have the ability to mill Portland Cement Concrete patches in the bituminous pavement or Portland Cement Concrete pavements. The cutting drum shall be a minimum of thirty (30) inches wide and shall be equipped with carbide tip cutting teeth placed in a variable lacing pattern to produce the desired finish. The machine shall be capable of being operated at speeds of 0 to 40 feet per minute; it shall be self-propelled and have the capability of spraying water at the cutting drum to minimize dust. The machine shall be capable of removing the material next to the gutter of the pavement being reconditioned and so designed that the operator thereof can at all times observe the milling operation without leaving the controls. The machine shall be adjustable as to slope and depth. The Contractor's attention is directed to Subsection 7-8.2 "Air Pollution Control" of the SSPWC. 705-3 CONSTRUCTION After cold milling Contractor shall place asphalt concrete around all utility covers to serve as a smooth transition from the existing surface to the top of the cover. Contractor will be responsible for maintaining any temporary asphaltic fill material over these facilities until the final paving surface is installed. Remaining material around utility covers and at gutter lips shall be removed to the depth of the adjacent milled surface after completion of milling. If pavement against utility covers, gutter lips, or other features, cannot be removed by the milling machine, Contractor shall use other means to remove this material. The surface of pavement after milling shall be uniformly rough. The grade shall not deviate from a suitable straight edge more than three-eighths (3/8) inch at any point. Milling may require more than one (1) inch removal of existing asphalt above gutter lips in addition to the required depth below the gutter lip due to prior overlays. Pavement against curb faces shall be removed to the full depth designated for that particular section of roadway. If pavement against curb faces cannot be removed by the milling machine, the Contractor shall use other means to remove this material. APPENDIX I -8- 382 705-4 REMOVAL AND DISPOSAL OF MATERIAL During the milling operation, the Contractor shall sweep the street with mechanical equipment and remove all loosened material from the project site until completion of the removal work. The Contractor shall take all necessary measures to avoid dispersion of dust. All material removed shall be considered the property of the Contractor and shall be disposed of by the Contractor at its expense. No material shall be stockpiled within City right-of-way. In addition to removing the cold milled asphalt concrete, the contractor shall remove any slurry seal or asphalt concrete which is adhered to the top of the adjacent gutter, cross gutter or spandrel. 705-5 TEMPORARY TRANSITIONS In addition to the provisions of Subsection 302-5.2 of the SSPWC, the Contractor shall construct temporary pavement transitions at all vertical cold milled joints including but not limited to manhole and utility covers, structures, and driveway approaches prior to allowing traffic onto the cold milled areas. Temporary asphalt transitions shall be five (5) feet per one inch of vertical cold milling depth at the drop off edge of cold milled joint, measured perpendicular to the joint. Ramps shall be constructed the same day as cold milled, continuously maintained, and removed the same day as final overlay cap paving. Temporary pavement transitions shall be constructed on bond breaker material such that upon removal of the temporary pavement transition, a clean notch remains. The Contractor shall install "UNEVEN LANES" and "ROUGH ROAD" signs. Payment for construction, removal, and disposal of temporary asphalt concrete ramps shall be considered included in the item for cold milling. 705-6 MEASUREMENT AND PAYMENT Pavement milling shall be made at the contract unit price per square foot, complete in place, as shown in the Bid Schedule. Payment will be made at the unit price bid on the basis of actual measured quantities of cold milling completed in accordance with the Plans and these Special Provisions. Such payment shall be considered full compensation for providing all labor and equipment and performing all work related to milling, including dust control and disposal of the material removed, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions and as directed by the City. APPENDIX I -9- 383 SECTION 706 ASPHALT TACK COAT (Not a Bid Item) 706-1 DESCRIPTION Work to be performed under this Section covers all labor, materials, tools, equipment and incidentals necessary to furnish and apply, complete in place tack coat in conjunction with the asphalt concrete overlay and other asphalt paving work. All such work shall conform to the applicable provisions of the Standard Specifications, and these Special Provisions. 706-2 MATERIALS The tack coat shall be asphalt grade PG 64-10. 706-3 APPLICATION The tack coat shall be applied as specified in Subsection 302-5.4 of the SSPWC and these Special Provisions. The City will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40° Fahrenheit in the shade. Contractor shall clean the surfaces so that they are free of dirt and debris prior to the application of the tack coat. City Inspector shall approve surface prior to application of tack coat. The tack coat shall be applied only so far in advance of paving as is anticipated for that day's surfacing as permitted by the City Inspector. Any heated, scarified, or recompacted pavement that is not overlaid and which becomes contaminated with dirt, debris, dust, etc., or is left overnight shall have a tack coat applied prior to overlaying. Tack coat shall be applied to all vertical surfaces of existing pavements, curbs, gutters and construction joints in the surfacing against which additional material is to be placed, to a pavement to be surfaced and to other surfaces designated by the City Inspector. Any tack material deposited on concrete surfaces not to be overlaid with asphalt concrete will be removed within five (5) working days or the City will cause the work to be done and any cost incurred shall be deducted from contract retention monies due. Tack coat shall be applied in one application at a rate of between 0.05 and 0.10 gallon per square yard of surface covered. Tack coat material shall be applied at a minimum 350 degrees Fahrenheit (F) from a distributor truck with a heating element capable of raising the temperature at least 3 degrees F per hour. The tack coat shall be applied by distributor equipment at a uniform rate. In areas inaccessible to the spray bar on the applicator truck, SS-1h emulsion may be substituted and applied from a hand wand at a rate of 0.08 gallons per square yard. In any case where emulsified material is used, the tack coat shall be allowed to completely break, that is turn completely black (not dark brown), prior to paving. The area to which tack coat has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto adjacent surfaces. If the area is left unattended, APPENDIX I -10- 384 then appropriate "fresh oil" signs must be posted. The Contractor shall be responsible for resolving all claims related to asphalt materials splashed/tracked on vehicles, concrete, and private property. The Contractor shall be responsible for protecting existing storm drain catch inlets and to ensure that no tack coat spoils are sprayed into storm drain inlets. No tack coat shall be left exposed overnight. Immediately in advance of placing the asphalt concrete overlay, additional tack coat shall be applied, as directed by the City, to areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work. Existing concrete curb faces, gutters and driveways shall be protected against disfigurement from the asphalt. Residue of the tack coat material shall be removed from curb faces, gutters and driveways by sandblasting to the extent required by the City. 706-4 MEASUREMENT AND PAYMENT No separate payment will be made for work or other features as required and outlined in this Section, "Asphalt Tack Coat." Full compensation for such work and features shall be considered included in the price bid for "Remove and Replace Asphalt Concrete" and "Asphalt Overlay" and no additional compensation will be allowed therefore. Such payment shall be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. APPENDIX I -11 - 385 SECTION 707 ASPHALT CONCRETE (Bid Item Nos. 5, 11 and 12) 707-1 GENERAL The work shall consist of furnishing, spreading, and compacting asphalt concrete pavement and for the construction of speed bumps at locations shown on the Plans. 707-2 MATERIALS Materials used shall be asphalt concrete a minimum of two inches (2") thick and shall be Class C2 PG 64-10, as specified in Subsection 203-6 of the SSPWC. 707-3 CONSTRUCTION Asphalt concrete shall be constructed as specified in Section 302-5 of the SSPWC. Wheel stops at all locations where applicable, are to be removed. Speed bumps shall be constructed in accordance with the Plans and at the location shown. 707-4 DISTRIBUTION AND SPREADING Placement of asphalt concrete shall be in conformance with Subsection 302-5.5 of the SSPWC and these Special Provisions. No longitudinal joints will be allowed. The Contractor shall designate staging areas approved by the Inspector for trucks to transfer trailers and perform clean out, if necessary. Trucks shall only use the approved designated areas for these purposes. To avoid picking up loose rock in the project area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal, but not to the point of runoff. Diesel fuel will not be allowed on the project for oil down of equipment. The provisions of Subsection 7-2.1 of the SSPWC are hereby incorporated into these Special Provisions, whereby incompetent operators shall be removed from the work. Indications of lack of experience, or unfamiliarity with the equipment or its operation will be considered incompetence. The Contractor shall be responsible for protecting existing storm drain inlets, swales, and culverts to ensure that no sand, gravel, rock dust, tack coat, asphalt, or spoils from paving operations enter into storm drain inlets. All PCC, brick or other decorative surfaces within 500 feet of the work limits that are to be crossed by trucks used to haul pavement material shall be covered with sand or other durable covering prior to placement of asphalt concrete. The Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide APPENDIX I -12 - 386 miscellaneous cleanup of pavement material spoils as directed by the City's Project Representative. 707-5 ROLLING Rolling of asphalt concrete shall be in conformance with Subsection 302-5.6 of the SSPWC and these Special Provisions. An extra breakdown roller shall be on site at all times, free of defects. Rolling shall commence when the asphalt concrete is placed. Rolling shall be accomplished with the drive wheel forward and with the advance and return passes in the same line. 707-6 MEASUREMENT AND PAYMENT Measurement and payment for Asphalt Concrete and Removal and Replacement of Asphalt Concrete shall be made at the contract unit prices per square foot, complete in place, as shown in the Bid Schedule. Measurement and payment for speed bumps shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved in subgrade preparation, constructing asphalt concrete pavement as specified in the approved plans, Standard Specifications, and these Special Provisions. APPENDIX I -13- 387 SECTION 708 SLURRY SEAL (Bid Item Nos. 6 through 9 and 16) 708-1 GENERAL The slurry seal work consists of furnishing all labor, materials, tools, equipment and incidentals necessary for the complete application of emulsion-aggregate slurry (Type II). The material for the emulsion aggregate slurry shall conform to the requirements of Subsection 203-5 and 302-4 of the SSPWC, except as modified herein. Wheel stops at all locations where applicable, are to be removed and replaced with new wheel stops in the same locations. Reuse of existing wheel stops shall be allowable as approved by the City. The Contractor shall protect all metal manhole, survey monument vault covers, and water valve. covers during the slurry application. After the slurry has been applied and cured, the Contractor shall remove all slurry material attached to manholes, survey monument vault covers, and water valve covers. The Contractor shall provide such flaggers and barricades as required to protect the uncured slurry from vehicular traffic. Any damage to the uncured slurry shall be the responsibility of the Contractor. 708-2 MATERIALS Emulsion - aggregate slurry shall be Type II. The amount and type of accelerator used shall be submitted to and approved in advance by the City. Emulsified asphalt shall be Polymer modified quick-set type PM-CQS-1 h. Prior to a change of emulsion, Contractor shall thoroughly clean all emulsion tanks and mixing units to prevent any chemical reaction between the two emulsions. Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s) such that: (1) deliveries originate at the plant and arrive at the stockpile site within normal work hours on the same calendar day, (2) delivery site and project name are explicitly stated on each delivery ticket, (3) successive deliveries on the same calendar day show the cumulative total for that day, (4) copies of all delivery tickets are delivered to the City before the end of the working day, whereas any delivery tickets not so delivered may be rejected by the City. Any deviation from this process must have the prior approval of the City. 708-2.1 Aggregate Aggregate shall consist of sound, durable, crushed stone or crushed gravel and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances. Aggregates shall be 100% crushed with no rounded particles, APPENDIX I -14- 388 volcanic in origin and black in color. The use of gray or light-colored aggregate will not be allowed. 708-2.2 Polymer Modified Emulsion Polymer modified emulsion-aggregate slurry shall conform to the table below. Asphalt emulsions shall be composed of a paving asphalt base uniformly emulsified with water and an emulsifying or stabilizing agent. Polymer modified asphalt emulsions shall also contain a polymer. The asphalt emulsion shall be homogeneous. Within 30 days after delivery and provided separation has not been caused by freezing, the asphalt emulsion shall be homogeneous after thorough mixing. The polymer used in the manufacture of polymer modified asphaltic emulsion shall be, at the option of the Contractor, either neoprene, ethylene vinyl acetate, or a blend of butadiene and styrene. The emulsion supplier shall certify that the asphalt residue contains at least 2.5 percent polymer (dry weight) and that the polymer has either been added as a solid polymer to the base asphalt, or has been added in the form of a latex at the time of emulsion manufacture. Polymer modified emulsified asphalt shall be kept in a suspended state by an agitating mixer operated every 3 days. Requirements for Polymer Modified Cationic Quick Setting Emulsions] (PMCQSI h) Properties Min. Max. Test on Emulsions Viscosity SSF, @ 77°F 15.0 90.0 Sieve Test, % — 0.3 Storage Stability, 1 day, % — 1.0 Residue by Evaporation 57.0 -- Particle Charge Positive -- Tests on Residue from Evaporation Test Penetration, 77°F 40.0 90.0 Ductility, 77°F, cm 40.0 — Absolute Viscosity @ 140°F, poise 2,250.0 — Solubility in Trichloroethylene 97.0 — Quantitative Test for Polymer Content Either; 18.0 — Torsional Recovery, % Or 2.5 3.0 Polymer Content in Residue, wt % APPENDIX I -15- 389 708-2.3 Test Reports and Certification A certification of compliance shall be provided at least 48 hours prior to delivery of emulsion to the project. 708-3 EQUIPMENT 708-3.1 General A. Inspection: The Contractor shall provide the slurry application equipment for inspection at the site or other location acceptable to the City at least two working days prior to beginning work. Any equipment requiring repair or replacement as determined by the City shall not be used on the work until its condition is accepted by the City. B. Maintenance: All equipment shall be maintained in a good state of repair, i.e., no excessive oil leaks that could damage existing asphalt, concrete or landscaped areas. All equipment safety guards shall be in place, hydraulic hoses shall be in good condition. No equipment shall show potential danger to the crews, passing pedestrians and motorists. Failure to comply with this provision will be cause to have the equipment removed from the job. Equipment considered by the City to be critical to the operation including monitoring equipment such as meters and scales shall be operational at all times. C. Temperature Measuring Devices: All emulsion storage facilities shall have temperature-measuring devices. Temperature measuring devices shall be operational at all times when the storage facility is in use. 708-3.2 Trucks Transit trucks shall not be used. The Contractor shall furnish and continuously operate a minimum of 1 (1) truck with approximately fourteen (14) ton capacity for each scheduled workday. The number of trucks used each day shall be as shown on the approved schedule unless otherwise approved in advance by the City. Failure by the Contractor to adhere to this requirement will cause the City to sustain additional inspection costs to be determined by the City which will be deducted from any compensation due the Contractor. All trucks which the Contractor proposes to use that exceed the legal limit are required to have overweight permits from the City. Prior to the beginning of slurry operations, Contractor shall furnish, at no cost to the City, a licensed weigh master's certificate indicating the net weight capacity of the aggregate bin for each truck and the empty weight of the truck. The certificate shall be dated no more than 60 days prior to construction. APPENDIX I -16- 390 708-3.3 Slurry Spreader Box The Slurry Spreader Box shall be equipped with a steering device and suitable drag to erase ridges. The drag rubber shall be new at the beginning of the contract and shall be maintained in a good state of repair throughout the contract. A minimum 2-foot length of burlap material shall be attached to the entire width of the drag. 708-3.4 Continuous Flow Mixer Continuous flow mixers shall conform to SSPWC Sec. 302-4.3 and shall be equipped with a fines feeder for addition of accelerator and a thermometer for indicating emulsion temperature. 708-3.5 Sweepers Street sweepers for pre-slurry application cleaning shall be air-vacuum type approved in advance by the City. Post application cleaning may be performed by broom type sweepers approved in advance by the City. 708-3.6 Support Equipment Support equipment such as front-end loaders and emulsion storage tank shall be in good working order and sized adequately to maintain the slurry seal work without interruption. Emulsion storage tank shall have a thermometer for indicating emulsion temperature. 708-4 APPLICATION 708-4.1 General Except where otherwise indicated herein slurry seal application shall be in accordance with SSPWC Section 302-4. No application of slurry shall occur until all pot holes are repaired, deep patching, skin patching, crack sealing or other preliminary pavement repairs have been completed, raised pavement markers removed; and pavement markings and striping removed by wet sand blasting. The surface of the pavement shall be thoroughly cleaned by sweeping or other means necessary to remove all loose particles of paving, all dirt and other extraneous material prior to the application of slurry. No slurry seal shall be placed before 8:30 a.m. nor after 2:00 p.m. No street shall be closed to traffic for more than four (4) hours after being slurried, unless approved by the City. No street shall be closed to traffic.until immediately prior to slurry application. Emergency vehicles shall be permitted to pass through the work area without delay at all times. APPENDIX I -17- 391 Slurry seal must be placed according to an approved schedule in order to minimize inconvenience to the traveling public and local automobile parking. Schedule to be approved by the City prior to commencement of slurry application. Slurry shall be applied only when the temperature of the pavement is above 60° F and the atmospheric temperature is at least 60° F and rising unless otherwise directed. The slurry shall be properly proportioned, mixed, and spread evenly on the surface as specified herein and as directed. The cured slurry shall have a homogeneous appearance, fill all surface voids and penetrate cracks, adhere firmly to the surface and have a skid-resistant texture. 708-4.2 Stockpiling A. Contractor shall arrange with the City for appropriate areas for stockpiling and batching. The stockpile areas shall be thoroughly cleaned, removing all excess material and all material contaminated by spilled oil, and left with a neat, orderly appearance upon completion of slurry operations in that area. B. Stockpile within am private property requires the consent of the owner and owner's satisfactory completion of final cleanup/removal. C. Any damage done to these areas as determined by the City shall be corrected by the Contractor to the satisfaction of the City prior to final payment. D. The Contractor shall stockpile all slurry constituents at the same site for the work in each area. 708-4.3 Preparation A. The Contractor shall fill cracks prior to application of the slurry as specified in Section 704 of these Special Provisions. Certain areas not appropriate for crack filling, as determined by the City, will need to be cleaned by the Contractor. These areas shall be cleaned by blowing out debris with high-pressure compressed air and the surrounding areas shall be swept the same day. B. Preparation shall include removal of pavement markers, trimming of interfering shrubbery and ground growth, removing trimmed vegetation, controlling nuisance water, and sweeping. Immediately prior to slurry application, the surface shall be cleaned of dust, dirt, oil, grease, vegetation and other foreign material. C. Contractor shall remove existing raised pavement markers and thermoplastic markings, where applicable, prior to the commencement of any slurry application. D. Any vegetation in the area of the slurry seal shall be removed. E. All concrete surfaces to be joined by the slurry seal with exception of longitudinal curb and gutter shall be covered prior to slurry application with tar paper or other approved material. APPENDIX I -18- 392 F. All metal covers and survey markers within the street slurry seal areas shall be protected by the Contractor in order that the slurry seal will not adhere. The methods of protection shall be approved in advance by the City's Inspector. These areas shall be cleaned no later than twenty-four(24) hours or the following workday after the application of the slurry seal. 708-4.4 Mixing and Spreading A. Slurry seal shall be placed only when the ambient temperature is above 60 degrees and rising. No slurry will be placed during inclement weather or the threat thereof. Contractor shall bear the responsibility of cancellation of work on these days and shall be responsible for any damages which may arise from non- cancellation. B. Each slurry crew shall be composed of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, sufficient traffic control personnel and sufficient laborers for any handwork and cleanup. C. No slurry seal shall be placed on a wet street or crossing without the City's consent. D. In areas with existing asphalt berms, the slurry application shall include the entire berm. E. Intersections and commercial driveways shall be completed in two or more parts to allow ingress and egress to traffic. F. When necessary to provide vehicular or pedestrian crossing over the fresh slurry, the City will direct the Contractor to spread sufficient sand or rock dust on the affected area to eliminate tracking or damage to the slurry. Sand or rock dust used for this purpose shall be at the Contractor's expense. Slurry aggregate is not acceptable for this application. The texture and appearance of the sanded areas shall sufficiently match adjacent work or the area shall be repaired as required by the City at the Contractor's expense. G. Contractor shall provide barricades and other traffic control devices as necessary to eliminate traffic on areas of fresh slurry that might sustain damage from such traffic. Any tracking of slurry seal on private property will be the responsibility of the Contractor to correct. H. The cost of cleanup and/or damage caused by vehicles tracking through -the slurry seal shall be born solely by the Contractor. I. Slurry shall be applied with an overlap of the concrete gutter of 1" (1 inch). Any slurry material exceeding the 1" shall be removed by the contractor prior to completion of the project. The overlap dimension of the longitudinal lap joint shall not exceed 6" (six inches) unless directed otherwise by the City. APPENDIX I -19- 393 J. Where the completed slurry is not uniform in color, the affected areas shall be treated to eliminate the color variation at the Contractor's expense. The method of treatment shall be approved by the City. K The Contractor shall sweep all streets including gutters after slurry application. Additional sweeping may be required by the City at the Contractor's expense if the City determines that sufficient loose material is accumulating after the initial sweeping. L. The application rate shall not exceed 200,000 square feet per day on residential streets and 300,000 square feet per day on commercial streets. After 10 consecutive working days of operation, the Contractor may request that these spread rates be increased. In consideration of the Contractor's performance and in the interest of the project, the City may elect to allow this change. M. Revise Table 302-4.3.1 (A) to read for Type II Slurry: Type II slurry shall be applied at a rate between 1,400 square feet per Extra Long Ton (ELT) on very smooth surfaces and 1,100 square feet per ELT on extremely coarse surfaces as determined by the City. 708-4.5 Rolling After application, all areas receiving slurry seal shall be rolled with a rubber-tire roller. Rolling shall be performed with two complete passes by a 12-ton nine-wheel rubber tired roller with a tire pressure of 50 psi and maintained so that the air pressure will not vary more than 5 psi from the designated pressure: Rolling shall be performed after slurry is applied and as soon as it sets up enough to support the roller and not pick up slurry on the tires. Areas of shade on the pavement that set up more than 10 minutes later than other areas shall be rolled separately, but as soon as they set up sufficiently to meet the requirements herein. Insufficient rubber-tire rollers to meet these requirements shall be cause for termination of slurry operations until rolling can keep pace with slurry spread. 708-4.6 Test Sections At least five (5) working days prior to commencement of work and prior to issuing notifications to property owners, Contractor shall perform test sections for review and approval by the City for slurry to be used in the contract. Test sections shall include pavement preparation, crack routing and sealing, and cured slurry seal open to traffic all in conformance with these specifications. The area of the test sections shall be at least 5,000 square feet. The test section locations shall be in the area of the work. The test section locations shall be in the area of the work and shall be completed prior to 11:00 a.m. to allow for minimum delay of test results. Test section locations shall be approved by the City prior to placing slurry. If the tested materials and workmanship do not meet specifications, the Contractor shall APPENDIX I -20- 394 arrange with the City for subsequent test section locations, sampling, testing and monitoring. All expenses to the City for subsequent test sections shall be reimbursed by the contractor by deduction from the contract price. The Contractor shall not begin slurry application until the test sections have received written approval by the City. The approved mix design and test section results shall determine the mixing parameters for this project. 708-4.7 Monitoring The Contractor shall facilitate the following testing and monitoring activities to be performed by the City: A. Obtaining load tickets for materials delivered to the stockpile sites (to be given to the City the same day the material is received). B. Obtaining tare and loaded weights for each load on each truck at the stockpile site. (Note: If the Contractor agrees to fill oil and water prior to weighing loaded trucks, the tare weight need only be taken as required by the City.) C. Obtaining measurements of emulsion and water added for each truck at the stockpile site. D. Obtaining volumetric measurements of rubberized slurry for each truck. E. Sampling for Wet Track Abrasion Testing at the work sites. F. Measurement of street area covered. G. Monitoring of work quality and traffic control. 708-5 MEASUREMENT AND PAYMENT Measurement and payment for slurry seal, shall be made at the contract unit price per square foot (Bid Item Nos. 6-9) or at the contract lump sum price bid (Bid Item No. 16), complete in place, as shown in the Bid Schedule. The above contract price and payment shall for slurry seal shall be considered as full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals for doing all the work involved and necessary for constructing slurry seal, complete in place, including disposal of all extraneous materials as shown on these plans, as specified in the SSPWC and these Special Provisions, and as directed by the City. APPENDIX I -21 - 395 SECTION 709 REMOVE & REPLACE ASPHALT CONCRETE (Bid Item No. 11) 709-1 GENERAL The work of Remove & Replace Asphalt Concrete consists of removing and replacing the existing asphalt concrete and base if necessary, recompaction and moisture conditioning of the base installation of a full depth section of asphalt concrete (dig out). 709-2 MATERIALS Materials used shall be per Section 707-2 of these Special Provisions. 709-3 CONSTRUCTION The City shall mark the locations of each asphalt repair. The asphalt concrete shall be removed full depth (assume four(4) inches). The edges of the removal area shall be neatly saw cut. Any removed material shall be removed from the site. If base rock is exposed, the surface shall be moisture conditioned to within 2% of optimum and compacted to 95% relative density. Asphalt concrete shall be constructed as specified in Section 302-5 of the SSPWC. Where asphalt is to be removed and replaced within the same location that has been disturbed by tree roots, the base shall be over excavated an additional 12 inches and any tree roots encountered removed. 709-4 DISTRIBUTION AND SPREADING Placement of asphalt concrete shall be in conformance with Section 707-4 of these Special Provisions. 709-5 ROLLING Rolling of asphalt concrete shall be in conformance with Section 707-5 of these Special Provisions. 709-6 MEASUREMENT AND PAYMENT Measurement and payment for remove and replace asphalt concrete shall be made at the contract unit price per square foot, complete in place, as shown in the Bid Schedule. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved in subgrade preparation, constructing asphalt concrete pavement as specified in the approved plans, Standard Specifications, and these Special Provisions. APPENDIX I -22- 396 SECTION 710 ADJUST UTILITY AND SURVEY MONUMENT COVERS (Bid Item No. 14) 710-1 SCOPE OF WORK All manhole, utility valve, sewer clean-outs, and survey monument covers shall be adjusted to finish grade after slurry seal and paving operations are completed as directed by the City. The work includes manhole frames, grates, covers, utility valve and survey monument covers. All covers shall be marked and protected as specified herein. 710-2 CONSTRUCTION The Contractor shall mark, as approved by the City, and completely protect with heavy plastic or other suitable material, all utility covers or other items which are visible on the surface and will be covered by his operations. This shall be completed prior to the start of that operation, and approved by the City. For all sewer manhole covers, if applicable, the Contractor shall ensure that the pick hole is clear of all asphaltic or fabric materials immediately after each stage of work, thus enabling identification of any sewer system back-up by the visible presence of effluent. The Contractor shall also scribe an "X" into the fresh pavement over all utility covers immediately after each stage of work, to assist crews in locating any covered manhole or valve. All manhole, utility valve, and survey monument covers shall be raised to grade after construction of the final resurfacing materials. The length of time between paving and the raising of any given cover shall not exceed seven (7) days. Care shall be taken to keep frames and covers clean. Any materials that have adhered to the frames and covers shall be removed. The concrete around the manholes shall be left 1-1/2" lower than the adjacent pavement. The surface shall be tack coated with 0.10 gallons per square yard and paved with Type D-3 asphalt concrete. Immediately after placement, the surface shall be sand sealed. 710-3 MEASUREMENT AND PAYMENT Measurement and payment for adjusting utility and survey monument covers to finish grade shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. The lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals for adjusting utility and survey monument covers in accordance with the Contract Documents. APPENDIX I -23 - 397 SECTION 711 TRAFFIC SIGNING AND PAVEMENT DELINEATION (Bid Item Nos. 15 and 16) 711-1 GENERAL Traffic signing and pavement delineation shall consist of the restoration of the existing traffic striping and pavement markings, parking space markings, reflective and non-reflective raised pavement markers (including blue hydrant markers), providing traffic signs, and temporary lane line delineation. The Contractor shall locate and reference any existing pavement striping and marking prior to starting any work at any location. The pavement shall be delineated as specified in these Special Provisions, and as directed by the City. The traffic signs, traffic paint, raised pavement markers, reflective materials, the application of new thermoplastic striping, and pavement markings, the installation of new raised pavement markers, and the removal of existing signs, striping, pavement markings and raised pavement markers shall conform to the provisions in the SSS Sections: 82, "Signs and Markers"; 84, " Markings"; and 81-3, "Pavement Markers"; in addition to the Standard Plans, and these Special Provisions. The SSS Measurement and Payment clauses are hereby deleted. 711-2 REFLECTIVE AND NON-REFLECTIVE RAISED PAVEMENT MARKERS Raised pavement markers shall be supplied and be placed in accordance with the SSS Section 81-3 and these Special Provisions, where applicable. Pavement markers shall be the same type and color as existing, and the work shall be in conformance with the SSS Subsection 81-3.03. A materials certificate of compliance will be required prior to the placement of any markers. Placement of the markers shall be in conformance with the provisions of the SSS Subsection 81-3.03A. Pavement markers shall be in place no sooner than fourteen (14) days after the surface course of pavement has been opened for use. 711-3 PAVEMENT DELINEATION Replacement striping, pavement legends and symbols shall be painted and raised markers the same as existing. Striping, pavement legends and symbols shall not be placed until spotted and the spotting is approved by City. All striping and markings shall be completed within 14 days of completing the paving or slurry seal. Striping details, pavement legends and symbols shall conform to those in Caltrans Standard Plans, current edition. Pavement legends and symbols shall be white, unless noted otherwise. All conflicting existing striping and pavement markers, which will not be covered by new construction shall be removed by wet sandblasting. Painted lines and markings shall be removed by wet sandblasting. In areas adjacent to the pavement overlay where existing striping must be revised to conform to a revised striping pattern on the overlay, conflicting striping shall be removed by wet sandblasting. 711-4 TRAFFIC SIGNS APPENDIX I -24 - 398 All details and dimensions for traffic signs shall conform to the Caltrans Sign Specifications, Traffic Manual, Maintenance Manual, and Standard Plans and Standard Specifications. Copies are available from the Caltrans Central Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815. All signs shall be reflectorized high intensity sheeting on 0.080 inch thick 5052H38 aluminum. Materials shall be certified by the manufacturer as meeting all applicable specifications. Sign posts shall be 2-3/8 inch O.D., SCH. 40, galvanized steel pipe, except free-standing Type K markers may use wide flange metal posts. Sign installation hardware shall be vandal resistant. Wood posts and wide flange metal posts are not acceptable. In dirt areas, sign posts shall be embedded 24-inches into an 8-inch diameter by 24-inch deep PCC foundation. In existing pavement areas, sign posts shall be driven 24-inches through a core-drilled hole and then grouted in place. In new pavement areas (paved medians and sidewalks), sign posts shall be driven 24-inches through a 6-inch diameter pavement sleeve and then grouted in place. Prior to installation, the Contractor shall verify•with the City the precise locations of all traffic signs. Traffic signs to be relocated shall be removed and re-set on the existing posts/sleeves or better. It shall be the Contractor's responsibility to protect the signs and posts/sleeves during relocation for their re-use. Signs and posts/sleeves damaged during relocation shall be replaced at the Contractor's expense, in accordance with these Special Provisions. 711-5 TEMPORARY MARKINGS Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in the SSS Section 12-3.01, "General," and these Special Provisions. Nothing herein shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls, or as relieving the Contractor from his/her responsibility as provided in the SSS Section 7-1.04, "Public Safety." Lane line and/or centerline pavement delineation where pre-existing or shown to be installed in like kind shall be provided at all times for traveled ways open to public traffic. Whenever the work causes obliteration of any pavement delineation, temporary pavement delineation or permanent traffic stripes delineation of the appropriate color and detail shall be in place prior to opening the traveled way to public traffic. The delineation shall be placed in the location shown on the striping plans for permanent delineation (modified if necessary to provide a proper length transition to an adjacent Segment). Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. All work necessary to establish satisfactory lines for temporary pavement delineation shall be performed by the Contractor. Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at the Contractor's expense. Temporary reflective pavement markers shall be applied in accordance with the manufacturer's APPENDIX I -25 - 399 recommendations. Butyl adhesive pads shall be used to apply temporary reflective pavement markers to the top layer of permanent surfacing or existing surfacing. Temporary pavement delineation shall be maintained until replaced with the planned permanent pavement striping. Full compensation for furnishing, placing, maintaining, and replacing (regardless of the number of times it is required) temporary pavement delineation, and for removal and disposal of the temporary reflective pavement markers shall be considered as included in the contract prices bid paid for the various items of work and no separate payment shall be made therefore. Full compensation for removing and disposing of existing or temporary pavement markers shall be considered as included in the contract unit price bid for traffic signing and pavement delineation and no separate payment shall be made therefore. 711-6 PAINT PAVEMENT MARKING MATERIAL Paint shall be applied at a rate of 16 to 18 gallons per mile of solid 4-inch wide stripe (one gallon for every 98 square feet). The dry paint film thickness shall be eight to ten mils. Two (2) coats of paint shall be applied with adequate drying time between applications. Glass beads shall conform to the requirements of State Specification 8010-22. All work to be completed and in place in accordance with project specifications, permits, and as directed by the City. 711-7 MEASUREMENT AND PAYMENT Measurement and payment for traffic signing and pavement delineation and for associated work to restripe the surface on the Lassen Avenue Bikeway shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, tools, equipment, materials, transportation and incidentals, and for doing all the work involved and necessary for construction of traffic signing and pavement delineation, complete in place, as specified in the SSS and these Special Provisions. Damage of any signs, posts or post sleeves as a result of the construction operations, shall be considered as included in the contract unit lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore. APPENDIX I -26 - 400 SECTION 712 MISCELLANEOUS CONCRETE IMPROVEMENTS (Bid Item Nos. 10, 13, and 14) 712-1 GENERAL This section covers new concrete facilities, including work necessary to perform utility and survey monument cover adjustments, driveway approach modifications, and gate post installation as shown on the Plans. 712-2 SUBMITTALS Submit concrete mix designs in accordance with ACI 318, Chapters 4 and 5, and SSPWC Section 201, except as modified herein. Submit rebar placing drawings showing dimensions and thicknesses of concrete improvements. Show reinforcing wire and steel. Show materials of construction by ASTM reference and grade. Submit a current report (within 6 months) from a testing laboratory verifying that aggregate material contains less than 1% asbestos by weight or volume and conforms to the specified gradations or characteristics. Aggregates shall be free from any substances that will react with the cement alkalies and be classified through current (within 6 months) laboratory testing as innocuous, as determined by Appendix X-1 of ASTM C33. Submit concrete tickets to the City at the time of delivery. 712-3 MATERIALS 712-3.1 Formwork Design forms according to ACI 347. Class II Forms: Use plywood in good condition, metal, or smooth-planed boards free from large or loose knots with tongue and groove or ship lap joints. Class II forms may be used for all concrete surfaces regardless of location. Coat forms with form release agent. 712-3.2 Form Release Agent Form release agent shall effectively prevent absorption of moisture and prevent bond with the concrete. Agent shall be nonstaining and nontoxic after 30 Calendar Days. For steel forms, release agent shall prevent discoloration of the concrete due to rust. 712-3.3 Aggregates Aggregates shall be natural rock, sand, or crushed natural rock and shall comply with ASTM C33, and shall contain less than 1% asbestos by weight or volume. Aggregates APPENDIX I -27- 401 shall be free from any substances that will react with the cement alkalies and be demonstrated through current laboratory testing as innocuous, as determined by Appendix X-1 of ASTM C33. 712-3.4 Water and Ice Use water and ice that is clean and free from objectionable quantities of organic matter, alkali, salts, and other impurities that might reduce the strength, durability, or otherwise adversely affect the quality of the concrete. Water shall not contain more than 500 mg/L of chlorides or more than 500 mg/L of sulfate. 712-3:5 Concrete Admixtures Use of admixtures shall conform to SSPWC Section 201-1.2.4 and shall be approved by the City. Do not use any admixture that contains chlorides or other corrosive elements in any concrete. Admixtures shall be nontoxic after 30 Calendar Days. 712-3.6 Concrete Mix Design Conform to ASTM C94, except as modified by these specifications. Maximum water-cement ratio for concrete = 0.45 by weight. Use classes of concrete as follows: Non-structural concrete shall conform to Section 201 of the SSPWC and shall be Class 520-C-2500. Measure slump in accordance with ASTM C143. Slump shall be as follows: Non-structural Concrete 4-inches maximum Proportion and produce the concrete to have a maximum slump as shown. A tolerance of up to 1 inch above the indicated maximum shall be allowed for individual batches provided the average for all batches or the most recent 10 batches tested, whichever is fewer, does not exceed the maximum limit. Concrete of lower than usual slump may be used provided it is properly placed and consolidated. Aggregate size shall be 3/4 inch maximum for slabs and sections 8 inches thick and less. Aggregate size shall be 1 inch maximum for slabs and sections greater than 8 inches and less than 17 inches. Aggregate size shall be 1-1/2 inches maximum for all larger slabs and sections. Aggregate size for floor grout shall be maximum 3/8 inch. Mix design for pumped concrete shall produce a plastic and workable mix. The percentage of sand in the mix shall be based on the void content of the coarse aggregate. 712-4 CONSTRUCTION APPENDIX I -28- 4 0 2 Construction shall conform to Section 303 of the SSPWC and the following plans (see Appendix F). 712-4.1 Ready-Mixed Concrete Conform to ASTM C94. 712-4.2 Placing Concrete Conform to ACI 304. 712-4.3 Concrete Tests At the City's discretion, concrete quality testing will be performed on the concrete by City as follows: Frequency of Sampling: Cast four concrete test cylinders from each 50 cubic yards, or fraction thereof, of each class of concrete placed in any one day. Sampling and curing of cylinders shall conform to ASTM C31. Strength Testing: Test cylinders in accordance with ASTM C39. Test one cylinder at 7 Calendar Days for information; test two cylinders at 28 Calendar Days for acceptance; and hold one cylinder for verification. Strength acceptance will be based on the average of the strengths of the two cylinders tested at 28 Calendar Days. If one cylinder of a 28 Calendar Day test manifests evidence of improper sampling, molding, or testing, other than low strength,discard it and use the fourth cylinder for the test result. Determine concrete slump by ASTM C143 with each strength test sampling and as required to establish consistency. Determine air content of the concrete using ASTM C231 to verify the percentage of air in the concrete immediately prior to depositing in forms. Concrete acceptance shall be based on the requirements of ACI 318. To facilitate concrete sampling and testing, the Contractor shall: Furnish labor to assist the City in obtaining and handling samples at the Site. Advise the City in advance of concrete placing operations to allow for scheduling and completion of quality testing. Provide and maintain facilities for safe storage and proper curing of concrete test specimens on the Site, as required by ASTM C31. New curb ramps shall include truncated domes in conformance with current standards. The new concrete facilities shall be placed as marked by the Engineer. The line and grade of the replaced facilities shall conform to the existing facilities. In most instances, this will consist of a straight line between existing facilities. The Contractor shall water test all repaired curbs and gutters, cross gutters, and other repaired drainage facilities in the presence of the City's Inspector. APPENDIX I -29 - 403 Contractor shall protect work until the concrete has cured sufficiently to prevent vandalism (graffiti inscriptions) to the finished work. Vandalized concrete shall be removed and replaced at the Contractor's expense. Where curb or curb and gutter is to be removed and replace adjacent to pavement which is to remain in place, the asphalt concrete shall be removed at least 24 inches away from the concrete. After concrete is placed and cured, roadway subgrade shall be compacted to 95% relative compaction and the void filled with asphalt concrete in lifts not to exceed 3 inches. A minimum of two lifts shall be used and the top lift shall be 1-1/2 inches thick. For concrete to be removed but not replaced, the void left shall be backfilled with clean native material. After curing has been completed and forms have been removed from the new curb and gutter or sidewalk, the void between the new concrete and the surrounding landscaped area shall be filled with clean native material and the entire area left in a clean and orderly condition. • 712-5 ACCESS ROAD GATES Remove the existing access road gates and posts as shown on the Plans. Install new access gate and posts. Match existing gate structure, orientation, material, connections, etc. Color to match existing. Post foundation dimensions to match existing. Metal pipe bollards for the! driveway access gate posts shall be standard weight metal posts. 712-6 MEASUREMENT AND PAYMENT Measurement and payment for miscellaneous concrete improvements and associated items (such as the access gate replacement), complete in place, shall be paid for on a lump sum basis in the applicable lump sum bid items. The above contract price and payment shall be considered as full compensation for all costs associated with the work including, but not limited to, crushed aggregate base installation as called for in the Standard Plans; forming; placing and finishing concrete; and cleanup. Such payment shall be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. • APPENDIX I -30- 4 0 4 APPENDIX II 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 4th 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 II 405 APPENDIX III TRAFFIC ADVISORY SIGNAGE Ausimmom~ AP X18- ROAD CONSTRUCTION STREET NAME DRIVE if,,,...--- ' "BLACK i • EXAMRi E TIME PERIOD JUNE - AUGUST 4 4` 4 �„' • ` r_____ --- --4"-:X r WOOD POST FABfi1CATN NOTES; I 1. Black letters and.border on orange non-reflective background. 2. 4"minimum capital letters(4C-:64) 3. 6V minimum.space.between border and letters: 4. 1"black bonier with roomer radius and I."margin. 5. Sign shall include actual beginning and ending months per City Engineering, 6. Sign back may be plywood and may mounted on a Type ii barricade.' 7. Signs are to be given to the City atcompletion of the pitied. . CITY OF MOORPARK TEMPORARY ROAD CONSTRUCTION SIGN 82000-0016\1800815v4.doc Appendix V 406 APPENDIX IV Ventura County Air Pollution Control Board Rule 55 Fugitive Dust 82000-0016\1800815v4.doc Appendix V 4 0 7 0 Ventura County COMPLIANCE ASSISTANCE Air Pollution Control District ADVISORY Ventura County APCD Rule 55, Fugitive Dust On June 8, 2008, the Ventura County Air Pollution Control Board adopted Rule 55, Fugitive Dust. Rule 55 was adopted to comply with a state law that requires local air districts with air quality levels exceeding the state's particulate matter(PM) standards to adopt control measures to reduce PM air pollution. Ventura County exceeds the state's air quality standards for PM. The adverse health impacts from PM air pollution include asthma and other lung diseases, heart disease, and premature death. Ventura County APCD staff estimates that Rule 55 will reduce PM air pollution by 6 tons per day. Rule 55 becomes effective on October 8, 2008. Rule 55 applies to any disturbed surface area, or man-made condition capable of generating fugitive dust, including bulk material handling, earth-moving, construction, demolition, storage piles, unpaved roads, track-out, or off-field agricultural operations. In summary, the key provisions of Rule 55 are as follows: 1) Visible dust from an applicable source is prohibited or limited; 2) Measures must be taken to reduce or prevent track-out onto paved public roadways from an applicable source; 3) Track-out must be removed from roadways; 4) Visible dust exceeding 100 feet in length from earth-moving activities is prohibited; 5) Bulk material handling facilities with a monthly import or export of 2,150 cubic yards or more of bulk material must take measures to reduce or prevent track-out onto a paved public road, and; 6) Outbound trucks with bulk materials or soil must either be tarpped, have a 6 inch freeboard below the rim of the truck bed or be wetted or treated to minimize the loss of material to wind or spillage. A more detailed summary of Rule 55 is attached. Copies of Rule 55 may be obtained at www.vcapcd.orq under Rule Development(Current Rules and Regulations). For additional information on Rule 55, contact air pollution engineer Stan Cowen at 805/645-1408. Appendix IV 4 0 8 82000-0016\1919347v1.doc co N O O O O O_ O) to fD Ventura County APCD Rule 55, Fugitive Dust • on the road. If a street sweeper is used to remove any track-out, Summary of Rule Requirements' only"PM10-efficient"street sweepers certified to meet South Effective October 8,2008 Coast AQMD Rule 1186 requirements shall be used. The make, o model information and certification documentation of any sweeper used shall be made available to APCD personnel upon General Requirements—All Fugitive Dust Sources request. Visible Dust Beyond the Property Line:No one shall cause or All track-out shall be removed at the conclusion of each workday or allow fugitive dust from any applicable source beyond the midpoint evening shift. The use of blowers for removal of track-out is (width)of a public street or road adjacent to the property line of the prohibited. emission source or beyond 50 feet from the property line if there is no adjacent public street or road. Specific Activity Requirements Opacity:No one shall cause or allow fugitive dust from any Earth-Moving:No person shall engage in earth-moving activities in applicable source that equals or exceeds 20 percent opacity for 3 a manner that creates visible dust emissions over 100 feet in length. minutes or more in any one hour. Bulk Material Handling Facilities Track-Out Prevention:No t�D Track-Out: person shall conduct an operation with a monthly import or export of a No person shall allow track-out to extend 25 feet or more in length 2,150 cubic yards or more of bulk material without utilizing at least unless one of the following control measures is used: one of the following measures at each vehicle egress from the site to C ✓ a public paved road: Track-Out Area Improvement:Pave or apply chemical stabilization to maintain a stabilized surface starting from the ✓ Install a pad consisting of washed gravel(one inch minimum point of intersection with the public paved surface,and extend size)maintained in a clean condition to a depth of at least six for a distance of at least 100 feet with a width to accommodate inches and extending at least 30 feet wide and at least 50 feet traffic ingress and egress from the site. long. ✓ Track-Out Prevention:Check and clean the undercarriage and ✓ Pave the surface at least 100 feet long and at least 20 feet wide. wheels on all vehicles before leaving unpaved surface or install a track-out control device(s)that prevents track-out of soil onto ✓ Utilize a wheel shaker/wheel spreading device,also known as a paved public roads. rumble grate,consisting of raised dividers(rails,pipe,or grates) at least 24 feet long and sufficient width to allow all wheels of ✓ Track-Out Removal:Remove track-out from pavement as soon vehicle traffic to travel over grate to remove bulk material from as possible but no later than one hour after it has been deposited tires and vehicle undercarriages before vehicles exit the site. 'This is a summary of the Rule requirements. Refer to Rule 55,Fugitive - Dust,for specific requirements. August 13,2008 Page 1 of 3 O co O ' O O_ co m V Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles ✓ Unpaved service roads,with a daily traffic volume of 20 vehicle 5 exit the site. trips or fewer,used by public agencies for inspection of infrastructure. ✓ Any other control measure or device that prevents track-out onto public paved roads. ✓ Motion picture,television,or video production activities when dust emissions are required for visual effects. The APCD must Truck Hauling:No person,including the facility or site operator, receive notification in writing at least 72 hours in advance of any shall load or allow the loading of bulk materials or soil onto such activity and no nuisance shall result from such activity. outbound trucks unless at least one of the following dust prevention measures is used: V Any paved road unless it has track-out or any publicly-owned unpaved road. V .Use properly secured tarps or covering that covers the entire surface area of the load or use a container-type enclosure. V The disturbance(i.e.,disking;ripping,or scraping)of spreading ground lands in preparation for percolative groundwater ✓ Maintain a minimum of 6 inches of freeboard below the rim of recharge. the truck bed where the load touches the sides of the cargo area tip i and insure that the peak of the load does not extend above any Frequently Traveled Private Unpaved Roads: The Visible Dust part of the upper edge of the cargo area. and Opacity requirements do not apply to dust from frequently O. traveled(more than 20 vehicles per day passing in either direction) k ✓ Water or treat the bulk material to minimize the loss of material unpaved roads if the road is-covered with a low silt content material to wind or spillage. such as recycled road base or gravel to a minimum of four inches or • implements all of the following control measures: I Any other effective dust prevention control measures. V Control Speed: Control speed to 15 miles per hour(mph)or less Exemptions on unpaved roads through worker notification,signage,and any other necessary means. Rule 55 does not apply to the following(this is a partial list-refer to Rule 55,Section D): V Restrict Access: Restrict access to private unpaved roads used by the public either through signage or physical access V On-field agricultural operations. restrictions. ✓ •Weed abatement operations provided that:(1)Mowing,cutting V Road Treatments: Treat unpaved and uncovered frequently or other process is used which maintains weed stubble at least traveled roads with water,mulch,or a non-toxic chemical dust three inches above the soil,or(2)Any disking or similar suppressant that complies with all applicable air and water operation where effective dust control measures are used. quality government standards. If treated,roads shall be treated August 13,2008 Page 2 of 3 coN O Q O a) co w in a manner that will avoid the sticking of mud to tires that will be carried onto paved public roads. ✓ Applicable control measures outlined in Table I(of the Rule) have been implemented,and o Lightly Traveled Unpaved Private Road Conditional Exemption: The Visible Dust and Opacity requirements do not apply to dust from ✓ Daily records of specific dust control measures have been lightly traveled unpaved roads if the operator implements both of the maintained. following control measures: Track-out Exemption: The Track-Out requirements do not apply to ✓ Control Speed: Control speed to 15 mph or less on unpaved on-road vehicles(trucks and passenger vehicles)associated with roads through worker notification,signage,and any other agricultural operations that have caused track-out due to excessively necessary means. muddy conditions resulting from rainfall. ✓ Restrict Access: Restrict access to private unpaved roads Recordkeeping Requirements currently used by the public either through signage or physical access restrictions. . Consult Rule 55 for specific recordkeeping requirements Storage Pile Conditional Exemption: The Visible Dust and tip Opacity requirements do not apply to dust from storage piles if the • operator has implemented at least one of the following control o. measures: V Wind Sheltering: Enclose material in a three or four sided barrier equal to the height of the material. ✓ Watering: Apply water at a sufficient quantity and frequency to prevent dust. ✓ Chemical Stabilization: Apply a non-toxic dust suppressant at a sufficient quantity and frequency to prevent wind driven dust. ✓ Covering:Install and anchor tarps,plastic,or other material to prevent wind driven dust. High Wind Exemption: The Visible Dust,Opacity and Earth- • • Moving requirements do not apply to dust when on-site wind speed exceeds 25 mph for at least 5 minutes in any one hour provided: August 13,2008 Page 3 of 3 N APPENDIX V WAGE RATES WAGE RATES FOR ALL CLASSIFICATIONS OF JOURNEYMAN WORKERS CAN BE FOUND AT: https://www.dir.ca.gov/OPRL/2017-1/PWD/index.htm WAGE RATES FOR APPRENTICE WORKERS CAN BE FOUND AT: https://www.dir.ca.qov/OPRL/pwappwage/PWAppWageStart.asp Copies of wage rates are also kept on file at the City of Moorpark Parks, Recreation and Community Services Department. Contact the City of Moorpark at 805-517-6225 if you need assistance obtaining prevailing wage rate information. 82000-0016\1800815v4.doc Appendix V 41 2 APPENDIX VI PROJECT PLANS 82000-0016\1800815v4.doc Appendix VI 413 CITY OF MOORPARK PAVEMENT REHABILITATION AT ARROYO VISTA COMMUNITY PARK • T p r `+ >a"O{° �.�, II ,III I�1' I& I� 'i • ti I SII N i Ir I nuMaRE INDExTE NK. 1 lvm P f j',yViWZJ ;' .. SANTA $ hh I �L„ PAULA o N-----'i _ / �+ � a 11 Vlt F I 1 VEHTURA :, PROJECT SITE a ARROYO VISTACOMMUNITY PARK a , "4. iI• OI,Ip�.UA''�0µ141 SHEET `SHEET] III BHEETB� MDORP PROJECT,, / \:. /... Y �,✓• /7„ SXEETS I{ NNbM1L 1.'1,�OUTSEW EL RIO •� `SITE vo— Ext i;WE' k-.0,,A id I /SHEETS BOUNDARY o /Nv < I.,:I SHEET 1 qI ,h' ,;1','.k.,!1 t II rl _„." TM° P�,o°° 9 3 45 - t HEEr2 r - y if-...J S S A ' . a. ,^ A., ',..,,,,,;c: SHEEP 2 l j J )",.:9T., / �L , .�,y PACIFIC OCEAN n 8 r i' +e, ) �. # � x yy7Qil ,`.r+vr"J„, ,,,,fi F: N J @@ �,� <M1 rws}Usr,ws, 7�lr l tt trr,{ ', +` N+" . /CA 191111 Rr;>iWP. L�yx.'••• 40/' ,, ^JVP e VICINITY MAP INDEX MAP PROJECT MAP SCALE.N.T.S. SCALE:N.T.B. SCALE N.T.S. GENERAL NOTES ABBREVIATIONS 1. A PRECONSTRUCTON CONFERENCE OF ALL INTERESTED PARTES SHALL BE AC ASPHALT CONCRETE NAVE NORTH AMERICAN VERTICAL SW BACK OF WDAUM HELD PRIOR TO ANY PAVING. CONC CONCRETE ALK N.I.C. NOTIN CONTRACT SHEET INDEX 2. ALL CONSTRUCTOR,PAVING,STORAGE AND TRANSPORTATION ACTIVITES CP CONTROL POINT NO. NUMBER SHEET NO. DESCRIPTION WILL BE CONDUCTED INA MANNER CONSISTENT WITH THE STORM WATER CF CURB FACE N.T.S. NOT TO SCALE POLLUTION CONTROL PLAN/STORM WATER POLLUTION PREVENTION PLAN E ELECTRICAL SHE OVERHEAD ELECTRICAL 1 TITLE SHEET SUBMITTED FOR THIS PROJECT AND THE VENTURA COUNTYWIDE STORM EL/ELEV ELEVATION PB PULL BOX 2 ACCESS ROAD STA 1+00 TO STA 8+30 WATER QUALITY MANAGEMENT PROGRAM NOPES PERMIT NO.CAS000002 EP EDGE OF PAVEMENT RM RECORD MAP AND CALIFORNIA STORM WATER BEST MANAGEMENT PRACTICES IBMP'SI FH FIRE HYDRANT S SEWER 1 ACCESS ROAD STA 8+60 TO STA IT+DD HANDBOOKS.A COPY OF THE STORM WATER POLLUTION CONTROL PLAN FL FLOW LINE SD STORM DRAIN 0 ACCESS ROAD STA 17+80 TO STA 21+00 AND/OR STORM WATER POLLUTION PREVENTION PLAN WILL BE ON SITE AND FOW FACE OF WALL SF SQUARE FEET 6 ACCESS ROAD STA 21+00 TO STA 22+30 AND PARKING LOT B AVAILABLE FOR REVIEW AT ALL TIMES DURING CONSTRUCTION. FS FINISH SURFACE SMH SEWER MANHOLE FT FOOT STA STATION E STA 12+60 TO STA 28+72 3. PRIOR TO INITIATION OF ANY WORK ALL APPROPRIATE PERMITS WILL BE O GAS TC TOP OF CURB T ACCESS ROAD END STA]B+TS AND PARKING LOT C PROCURRED AND COPIES PROVIDED TOME CITY ENGINEER. GALV GALVANIZED TR TREE / PARKING LOT CT OP GUARD POST TW TOP OF WALL + 4. REGULAR WATERING OF SITE WILL BE REQUIRED TO CONTROL DUST.ALL GB GRADE BREAK TYP TYPICAL I LASSEN BIKEWAY MEASURES SHALL BE TO THE SATISFACTION OF THE CITY ENGINEER. ICV IRRIGATION CONTROL VALVE W WATER % ML MILE WM WATER METER f g S. ANY RECORDED MONUMENTS IN THE CONSTRUCTION AREA SHALL BE f LOCATED AND TIED OUT AND SHALL BE PROTECTED IN PLACE DURING CONSTRUCTION. ii 1.4 S. THE PROJECT IS OPEN TO THE PUBLIC.THE CONSTRUCTION SITE WORK U i AREA SHALL BE SECURED AT ALL TIMES DURING NON WORKING HOURS. I5 Y� I;S 1,4 J1 10 VERIFY SCALES 8; BM a RHc $5 NE 8 E xOT E MCH 01 MS GCFT. �An,us1 scuts aaBNar DEscnm' ENGINEERING REVIEWED BY: GRADING PHOENIX CIVIL JMT PERHT No PAVEMENT REHABILITATION AT SHEET t ,• s S2B E MAIN BB CITY OF MOORPARK „ ; "° �uT fel-4 ARROYO VISTA COMMUNITY PARK °R 9 • CHECKED BY. WV ENCREER DATE �C', ENGINEERING #5 g tr,11,),\ R �vR MTB .P FAcr "n,1c 2 i1"BT w PUBLIC WORKS DEPARTMENT DRAWING no. 1.581.1E0 FOR MD .90, Wer °ED ENGINEERING DIVISION TITLE SHEET fa p DESCRIPTION o.REVISION R.0.E. „PPD D<TE WA s• \ 5 U SAr % 2.1r ACCESS ROAD 1.1.76"2-INCHNCH ASPHALT CONCRETE GRIND AND OVERLAY '� 1,1r 1 30,500 SF DIG OUT AREAS.1,500 SF MINIM.F.12,=„.. GRIM%NCH DEEP(141M/ CONSTRUCTION NOTES B' r Q1 4"WIDE SOLID WHITE PAVEMENT STRIPE CURB a TAPER TAPER GUTTER fI�-�I420 y OO SPEED BUMP PER DETAIL O NO1E3 ��4"WOE WHITE 99-- y 11 DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD "MEM ��— PLAN A20.9.DETAIL 31 A.G. II IIC.PAVEMENT A.C.PAVEMENT 1—1 0 BIKE LANE LINE PER CALTRANS STANDARD PLAN A200,DETAIL 39 d' NOTES: I�MII 1 1©TYPE VII IRI ARROW PER CALTRANS STANDARD PLAN AMA 1. GRIND TO KEY IN SPEED HUMP.SEE SECTION B. —__ ll 2. SPEED HUMP MARKING SHALL BE THREE COATS OF PAINT 18 TYPE IV(LI ARROW PER CALTRANS STANDARD PLAN AMA APPROVED BY THE ENGINEER.SEE STRIPING DETAIL d•WIDE WHITEt. HEREON. STRIPE.SEE NOTE 2 13 BIKE LANE SYMBOL WITH PERSON PER CALTRANS STANDARD TAPER DETAIL STRIPING DETAIL PUN AMC N.T.S. WTA. ®BIKE LANE LINE PER CALTRANS STANDARD PLAN 39A ADVANCED SPEED HUMP O ®1 BIKE LANE TEXT PER CALTRANS STANDARD PLAN AMID. SCALE:ILLS. PER*24A ®BUMP TEXT PER CALTRANS STANDARD PLAN A240 1 /L C. 0 $$ $ LIMIT OF ...9 WORK p`l DRIVEWAY M i ;,;"00..........."---'- _ _ , !1 WALE MT99T \, 03 9 A / 9S ry � °i 1 S it ` —_.___ , __ u. _.v._ "-2/1�.' ill –BEGIN 3TA 0 GRIND AND .rs... _ - - VERLAY VERIFY N DRUNK MMHG - 1�`.. 9R3GEtt .— • TiF NOT ONE 1901 ON MS MEET, - TIERRA REJADA ROAD 5 ADJUST SVOES A comar ENGINEER NS REVIEWED Br, DRemoD PHOENIX CMLENGINEERING,INC °"`'�M? mum NO. PAVEMENT REHABILITATION AT SHEET_2_ 9 W, G s39� CITY OF MOORPARK sig- fir. ,�„ _ °""�„TJ ARROYO VISTA COMMUNITY PARK , w L a SEAANDr ECORaGAN.PE 39479 rC4,• PUBLIC WORKS DEPARTMENT ENGINEERING ao EC NO c,'m IM OFOR5M 09dN1 a",' APPROVED EXPIRATION DATE 12_31_„ • ACCESS ROAD STA I+00 TO DM9NG NO. I€ A DESCRPRRN OF RM. R.C.E. RED DAR , ,,,E„ Out." °`° ENGINEERING DIVISION STA 8+50 IA Cn DRIVEWAY ; ' LIMB OF 111 WORK i t, m r Cr) SSSS- M..e0/ •_ DRIVEWAY WORK '- ., LI - WORN • 11 _ O \ w O ®x ' 10Q :.4,3,0`Ws „� _ _ – lTRIVEWIIY I LIMIT OF WORN • I / CONCRETE 7A ST' N" BUS PAD piT'7 N A pO QL1('� CONSTRUCTION NOTES Z OGp O "WIDE SOLID WHITE PAVEMENT STRIPE - O a O __ g Q N O SPEED BUMP PER DETAIL 1 p4 0 DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD ' © �} \ ', PLAN A30A,DETAIL 31 ®BIKE LANE LINE PER CALTRANS STANDARD PLAN A300,DETAIL 39 ©TYPE VII(R)ARROW PER CALTRANS STANDARD PLAN A34A _ 0— ©TYPE IV(L)ARROW PER CALTRANS STANDARD PLAN A3AA 7 L ,N �O - 10 BIKE LANE SYMBOL WITH PERSON PER CALTRANS STANDARD 'L . 1 PUNAI.0 '�N� /i .1143........... 30 BIKE UNE UNE PER CALTRANS STANDARD PLAN SSA 21 BIKE LANE TEXT PER CALTRANS STANDARD PLAN A3.D.ARROW 41r, J,-; -"a / BUS TEM. i' ®BUS TEXT PER CALTRANS STANDARD PLAN A34E 0 01 . �/ � I BUMP TEXT PER CALTRANS STANDARD PLAN ASCE 8b - - I ` ACCESS ROAD .3 r ,"�::'�. -- ASPHALT CONCRETE 2 GRIND AND OVERLAY•37,900 SF A} "_-" DIG OUT AREAS:3,500 SF fi a; ii s iF IIIVERIFY SCALES MMB DIE NM ON BgUL MAIM g 0.—•—•—•—.1 SCALE IN FEET 9, s Nm aE MDI BI TNS MEET, ,,o3Br a-uSc Araonr ....M B1': ENGINEERING REVIEWED BY: DIMING tL.�_ PHOENIXCMLENOINEERINO.INC. JMT •. PEM3D NO. PAVEMENT REHABILITATION AT ''1- NNN'.7-V... CITY OF MOORPARK at t ,_)6SS_EBDG DMi1M �`"W`• ARROYO VISTA COMMUNITY PARK a 9 4 IA PA"A """erl is J CIECNED Br: SE ENCNEER DATE - C J 1 ENGINEERING A �� w«T �`ca-�� , X .S.o�RRivz Ss4n u PUBLIC WORKS DEPARTMENT PROJECT NO. ACCESS ROAD STA 8+50 TO oFAMNc No. Ha 4 E«�Eol,a TE ird^ .�, l'A'�TT—APPROVED WAX DET ENGINEERING DIVISION STA 17+80.00 OL EPO O EP N 01 MATCHL,NE STA 21+00 SHEET 5 2 I ft I It ii F"5 I r\ J • y ---\ y } ti \ � ''`` UNIT OF WORK ---"---_' w-- _. 0 , ``\.A ' \ T PMMINO LOT [I___.0 PANNI G LOTA ,P ' \ 111_,0 °e '—'47\ w I i\\\I\' i I I \ J 1-71): , 1111 O \ & �� 3I� �. Vt ,, 1 i ' '' i----+ i i, ,L.... vim' c,,� O ...._ 1 I p .,. 1 1 r [ i 1 1 '—,-,": ."'' , r)_1- L. _ 11 . , , t ......... a .1 _ ) Igk 1 ' ,......,,,=_,.....! iI 1 1 .. , 1111 I STA 17780 BEGIN SLURRY SEAL `c.r....V '-)(((^� END DIGOUT AND Y LR GRIND AND OVERLAY \ l VI MATCHLINE STA 17+80 SHEET] --- 8p ACCFSS ROAD DONSTRUCTION NOTES &d SLURRY SEAL�15,700 SF ®CROSSWALK STRIPING PER CALTRANS STANDARD PLAN RSP A24F F$ WHITE DIAGONAL EA ©YELLOW DIAGONAL STRIPING TO MATCH EXISTING n O PAVEMENT ENO MARKING AND LIMIT UNE PER CALTRANS STANDARD 11 g« QT PAVEMENT MARKING PER CALTRANS STD PLAN A24D A O SPEED BUMP PER DETAIL O li 2 11 DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD _{ PLAN ADA.DETAIL 21 8s VERIFY$GALE$ O EIKE LANE LINE PER CALTRANS STANDARD PLAN A20D DETAIL 39 411111111111 SNR iS SR:0101 ON DNIS,N 00+10,0 I! 0 m 00001 IN FMT CoALOE LANE SYMBOL WITH PERSON PER CALTRANS STANDARD St F INIi S 0101+1115 9EFT, PLAN*200 L• /OLSf EMI A0nY1GT PREMED ter DESGJM m: ENGINEERING REVIEWED BY: 0000150 f6 1 PHOENI%CIVIL ENGINEERING.INC. JMT PERMIT NO PAVEMENT REHABILITATION AT R—� SE A1.1-.:0---„ CITY OF MOORPARK °"N"• R T ' ARROYO VISTA COMMUNITY PARK $ � �' SCRT ERA COMEER DME C j ENGINEERING ACCESS ROAD STA 17+80 TO Da $ .M1mFOAMo „ ..�• /' CHECjiff KED %R,1CT1�oN IM'x�9179T �+ PUBLIC WORKS DEPARTMENT PROJECT NO. w,mNc No. Ban PYA UX REVISION ROE PO°° te �Yf WE • moot a m a� APPROVED• ENGINEERING DIVISION STA 21+00 1P1 F-2 v M' cr F ID S R i N ac' ac d9\32.°° a F� PTf / �/i rl , 2 ' ' �M moi ,-_ f "` ` - , a&' . .__.' M /7. � L max- .. m s X` - :9S3B Iiif 1111 J14 °o * \©� - — ._, a .w. • i, ;� PARKING O i-�-V _ ...,. LDT/ I 7� j LIMIT OF WORK ACCESS ROAD PARKING LOT B �� / 4irf _ SLURRY SEAL=35,700 SF SLURRY SEAL=43,!85 SF h-�I-'\-- 4. IT '� '` PARKING STALLS=95 ( / \P I{. \. 0., /f \. ACCESSIBLE STALLS=7 ! I " CONSTRUCTION NOTES ' _� , -"'• p WIDE SOLID WHITE PAVEMENT STRIPE P O ) �, I i, I ,� IO SLURRY SEAL TO LIMITS SHOWN � ) LL�, / �_` O ACCESSIBLE PARKING STRIPING PER MUTCD FIGURE 3B 22 ' - F31' I � O4. IO CROSSWALK STRIPING PER CALTRANS STANDARD PLAN RSP A24F / \� WHITE DIAGONALCCf""" ©YELLOW DIAGONAL STRIPING TO MATCH EXISTING r ua. ". pa ®PAVEMENT MARKING AND LIMIT UNE PER CALTRANS STANDARD c" @ \ m T K PLAN A24D 2—— i ..� � � _—. ..— .,.. 5 O SPEED BUMP PER DETAIL 1 / "°"" r_t I � I y` O RIGHT TURN ARROW PAVEMENT MARKING TYPE VII PER - 1 �, ,,, ` �. AS CALTRANS STANDARD PLANS RSP ANA �� I I �µ` J' _�'•" g OS VARIABLE WIDTH(MAXIMUM 3WIDE)SHOULDER(4"ACI{"PMD) ' �' j I EAZ LI gi eDOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD - —- - PLAN A2OA.DETAIL SI IF e2 WHITE PAVEMENT EDGE STRIPE PER CALTRANS STANDARD PLAN aR A20B,DETAIL 27B 5_. i yAP O BIKE LANE LINE PER CALTRANS STANDARD PLAN A200.DETAIL 39 `A ®BUMP TEXT PER CALTRANS STANDARD PLAN A24E11 VERIFY SCALES p� r 0— 9m1 Is DE Na ON OOWN.MXNRA fu` KAMM NM S,i FIDr OENaa THIS TT, II =TEM,.{av9Dpar 1 �^+ 'swam ay DawJM Br: ENGINEERING REVIEWED BY: cr...,,,...“. PAVEMENT REHABILITATION AT PHOENIX CIVIL ENGINEERING,INC. UMr P . �s E ° DRAMS Br -.••• CITY OF MOORPARK $ PAULA,_„� CHECKEDRAr f 4"1 1 ARROYO VISTA COMMUNITY PARK ° ENGINEEREX PE ssos °� tu� ENGINEERINGACCESS ROAD STA 21+00 TO STA S ' FOR BP _ roar xo�w,aP' r; UMrT ncvF..TG°DATE,2-a,-n PUBLIC WORKS DEPARTMENT PRerD. "a DESCRIPTION a REVISOR DCL. {PP„ DATE kW ...m ro APPROVED°`' N. ENGINEERING DIVISION 32+50 AND PARKING LOT B a . I-- 00 • • 4.3 PE lx ,163' ..6., .ae... m s.:<.� „4x,_1 a<es.e .«s./ .AVE, s — /—LrraP WORK Fy ...- SMM—� - FR3 : '- 2 o f � LIMIT WORK � • � L.s � B ACCESS ROAD SLURRY SEAL=18,100 SF CONSTRUCTION NOTES O SLURRY SEAL TO UNITS SHOWN O PAVEMENT MARKING AND UNIT UNE PER CALTRANS STANDARD PLAN A2°D O SPEED BUMP PER DETAIL (111) 10 VARIABLE WIDTH(MAXIMUM S'WIDE)SHOULDER(°"ACM"PBS) 11 DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD 1� PLAN A200,DETAIL 11 31©WHILE PAVEMENT EDGE STRIPE PER CALTRANS STANDARD PLAN PI A20B,DETAIL 27B j O.BIDE LANE USE PER CALTRANS STANDARD PLAN A2013.DETAIL 1 !aI 3. s sF Y f¢ E VERIFY SoxCALES a F e°x is oxo NOx aBMlri°v°M31O44 1--1181 BiP ZOLG1E IN GIS N EV. °CAS WNW PHOENI%CIVIL ENGINEERWG.IND. °`" i ENGINEERING REVIEWED BY. R°NO. PAVEMENT REHABILITATION AT BI ° ri4 535 E 1/""STREET CITY OF MOORPARK SHEET �k ; ^;;,;;,�°°°�° °"""T `.1 ARROYO VISTA COMMUNITY PARK a o -- (; ; CHECKED BY: CV ENtlHED DATE C e Exa""x'"° ACCESS ROAD STA 32+50 TO _ JMT �+� = �+ PUBLIC WORKS DEPARTMENT PROJECT ND. -DRMIND No iEa A I6cRP1Dx REARM Ac.E. .aP'P FOB SO «�+T "' IY I M no-�. EXRRCVOx DRE 12-31-n ,� ENGINEERING DIVISION i APPROVED STA 38 73 DATE jP N • ..,� � .. .. __ ...,4J __ L, r M K y' 13 :AC—_ \lK'.*R NOTA _ — - - \ T9i: �____ - _ � . „ l 4 i EI1 '� O PART d K `LIMIT OF WORK �' • 0' A W\ ® —� f M \ ® 1 �, �.,., ROTA 1 v, 7' ilk.'''. ;,�- PART J e C:.l I $: I I 1 I I I I I i I I I I I I I I 1 I I I I NOT 0------„_ " .\� MEMO LOT C (rypI PART �;�`\ LMR OF WORK v ?MVP) �O Ill NOT TI I PART aO d . , . Al o ;. . 1. MATCHLINE SHEET 8 PARKING LOT C SLURRY SEAL-27.175 SF PARKING STALLS.80 CONSTRUCTION NOTES O 0'WIDE SOLID WHITE PAVEMENT STRIPE O SLURRY SEAL TO LIMITS SHOWN Q PAVEMENT MARKING AND LIMIT LINE PER CALTRANS STANDARD PLAN A2AD OT PAVEMENT MARKING PER CALTRANS STANDARD PLAN A20D i OS SPEED BUMP PER DETAIL O 2 II OS RIGHT TURN ARROW PAVEMENT MARKING TYPE VIII PER U5 CALTRANS STANDARD PLANS OSP A2AA T. 13 THROUGH ARROW PER CALTRANS STANDARD PLAN RSP 526A. JA 1 10'LONG 9h Yt I 29 15 a As 45 VERIFY SCALES 8.: BAA B ort NCR ON mw&°RAMISNI SCALE IN AM Et D 1 s" E NOT DE Na ON INS Gm. MASE SONES.ICWIDN4Y rmKa n: DESIGNED Br: ENGINEERING REVIEWED BY: GRADING PAVEMENT REHABILITATION AT p 0a� ENXNCI �NGINEERING,INC. JNT _ PERMT N0. ) S 535 Pw,�w„� MrMW BDA CITY OF MOORPARK I � B�3SF3B_A.CA RAT ' e� ARROYO VISTA COMMUNITY PARK CHECKED RV CITY ENGINEER DATE "MT Da^t+•PE 3�n >wJ PUBLIC WORKS DEPARTMENT P 1,1,`X,"0 ACCESS ROAD END STA 38+73 „,,,, UNWED FON NO SEAS-I �•V V1 VERA ON DATE tz-3t-1] '� OE3CAuniOx OF pw3NN R.CF. YPYO DATE h1iTY,uNu F¢0NH Nac APPROVED BY: ENGINEERING DIVISION AND PARKING LOT C IA N O -LIMIT OF I. I WORKI I '',11 `WORKLINK OF ..--cp. r . v . l l 1 I If PARSING LOT D SLURRY SEAL•65,450 SF �if.-O, I , x } �IT,y - PARKING STALLS=IB7 ACCESSIBLE STALLS=O 1 D, NOTA ®:. ' —.- \ i „ 1,...... .,1 PART _ ��.,- \ :T' _---_-;.. � � ............ ,.,17.1 ,,,,, .. ....., IIII' Til 1 I 1 I I.... I I "�� •' .. . CONSTRUCTION NOTES u."--(S i b OI 4"WIDE SOLID WHITE PAVEMENT STRIPE PARKING LOT O pt SLURRY SEAL TO LIMITS SHOWN (TYPI / - O ACCESSIBLE PARKING STRIPING AND SYMBOLS PER MUTCO SL' ,_ FIGURE KB-22 M _ 'I ®CROSSWALK STRIPING PER CALTRANS STANDARD PLAN RSP A24F WHITE DIAGONAL M . � 7- p PAVEMENT MARKING PER CALTRANS STANDARD PLAN A24D PARKING LOT @SPEED BUMP PER DETAIL II O PORTON S IS INOT A PART t - - C.THROUGH ARROW PER CALTRANS STANDARD PLAN RSP A24A, M TYPE IIP LONG - S IS I,44NCH WIDE RED DIAGONAL PAVEMENT STRIPE WITH"NO I III'I� (� �TYP OF 12) PARKING"PER CALTRANS STANDARD PLAN RSP A24E 1 ht O U T(TVP) IS INSTALL IS'WIDE CONCRETE ROLLED CURB AND RELOCATE PART �'/ 1 I I 1 1 1— I---- 1 1IIIII VEHICLE GATE TO NEW LOCATION ADJACENT TO FENCE 111 i • � b1 IS 1 e• .aF Jif VERIFY SCALES —l• s BM Is PIE NCR ON ORION&MAW P I B P NOT KNFS 40CtlIGIOY1Y' oESICN[D BI: I :or.CIVIL ENGINEERING REVIEWED BY: GRAVING „„ PAVEMENT REHABILITATION AT ' �°E Mw=�E CITY OF MOORPARK SHEE' ° i' % 5^I^, LA C4 930!0It,CHEcKRAT: ENGINEER DATE �^� ARROYO VISTA COMMUNITY PARK or B • ENGINEERING IA MwmPoAm ', jrTSEAN ° Pz}ii>?T (1 PUBLIC WORKS DEPARTMENT o PARKING LOT D DRAWING N° -hie APPROVED ENGINEERING DIVISION Yo p 9ESNIm9N a REM. R.C.E. IPPS DATE • T•,•N,a„I,. aL IV i LIi " _ F • IAIIIIAV./////uAI/®/1IIiF//%1//%Ke0//1 _4W//A!/V/ 1 M/AFA1W/y/%%/�.fl%®®/Ps• 11 ..e,r.e..r. A - b ,TING WOODCHIPS SLURRY SEAL INTIWWWW"Willa SECT-- iiiii. ',GC. neaaer NTS Neaaer 0ISTING WOOD CHIPS LASSEN BIKEWAY CONSTRUCTON NOTES Vj// SLURRY SEAL=11,615 SF Q2 SLURRY SEAL TO LIMITS SHOWN 1 IF r= z! h5¢¢66 II.F i I vs wv SCALES N NM.IN pew. BM S CNE B NOH W ma.DRANK 6 i E NOT CIE rE.CN THB SHEET, - A( N)Jat$CN£5 MCOtOIH(ir B 535 E.NVN SHrtEf SESHCHI:o Br. ENGINEERING.REVIEWED BY: _ CMOIND PAVEMENT REHABILITATION AT s„ mown er PHOENIX ENGINEERING,WO. JMT PERNR NO. R�„�Ha 8J° MNNN M ;.,„-1,11..r , : CITY OF MOORPARK ARROYO VISTA COMMUNITY PARK BGS)BSB-8800 RAT i'tll' 4 - nE 9 is `",)' CHECN�MT. SEAN CORRIGAN.PE ENGINEER J9.� DATE "�c44 PUBLIC WORKS DEPARTMENT PENGINEER. �; mei)FOR BIO NNBSIT , II ExRIUTION DATE 12-31-17 DRAWING nG. ir: '''''VEDA' ENGINEERING DIVISION LASSEN BIKEWAY Ba A MORMON of REwvoN R.cE. Rap o DATE • HNNor Rx 8�,. HwHB IP NJ NJ pPPK C4�ia F°= AM Y CITY OF MOORPARK -#427‘e. � PARKS,RECREATION&COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021 Qo� Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov June 22, 2017 ADDENDUM NO. 1 for Pavement Rehabilitation Project at Arroyo Vista Community Park Specification No. P&R 2017-2 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: • Clarifying that the bid date and time remain unchanged. • Clarifying that the Working Hours are flexible and may be modified at the City's discretion. However, no work shall occur before 7am. Clarifying that the access road must be usable as a vehicular path of travel at all times. During slurry work, one lane must remain open at all times. Individual parking lots may be closed, with multiple simultaneous closures allowable at the City's discretion. Parking Lots C and D may be closed simultaneously, but the access road must remain open. • Clarifying that the grindings shall be spread on the north side of the access road as allowed by the City. Excess grindings beyond what that City may use will be disposed of at the Contractor's expense. • Clarifying that the work along the access road is adjacent to newly installed pervious concrete paving. No staging orequipment is allowed in that area. Sweeping to prepare for the work on the access road shall be done in a fashion such that no debris is deposited onto the pervious concrete surface. Any damage to the pervious concrete shall be repaired at the Contractor's expense. • The Engineer's Estimate on this Project is $680,000 • Specifications • Replace the Payment Bond and Performance Bond forms included in the Specifications with the versions included in Attachment A. • Replace the Bid Schedule form included in the Specifications with the version included in Attachment B. • Revise Section 707-6 to read as follows: o "Measurement and payment for Asphalt Concrete and Removal and Replacement of Asphalt Concrete shall be made at the contract unit prices per square foot, complete in place, as shown in the Bid Schedule. Measurement and payment for speed bumps shall be made at the contract unit price bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved in subgrade preparation, constructing asphalt concrete pavement as specified in the approved plans, Standard Specifications, and these Special Provisions." JANICE S.PARVIN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMONS MARK VAN DAIs4 2 3 Mayor Councilmember Councilmember Councilmember Councilmember Pavement Rehabilitation Project at Arroyo Vista Community Park—Addendum No. 1 June 22, 2017 Page 2 • Revise Section 708-5 to read as follows: o "Measurement and payment for slurry seal, shall be made at the contract unit price per square foot(Bid Item Nos. 6-9 and 16), complete in place, as shown in the Bid Schedule. The above contract price and payment shall for slurry seal shall be considered as full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals for doing all the work involved and necessary for constructing slurry seal, complete in place, including disposal of all extraneous materials as shown on these plans, as specified in the SSPWC and these Special Provisions, and as directed by the City." • Revise the header of Section 711 to read as follows: o "TRAFFIC SIGNING AND PAVEMENT DELINEATION (Bid Items Nos. 15 and 17)" • Revise Section 711-7 to read as follows: o "Measurement and payment for traffic signing and pavement delineation for both the Arroyo Vista Community Park and Lassen Avenue Bikeway (Bid Item No. 15) shall be made at the contract lump sum price bid, complete in place, as shown in the Bid Schedule. Measurement and payment for the installation of redwood headers (Bid Item No. 17) on the Lassen Avenue Bikeway shall be made at the contract unit price per linear foot bid, complete in place, as shown in the Bid Schedule. The above contract price and payment shall be considered as full compensation for furnishing all labor, tools, equipment, materials, transportation and incidentals, and for doing all the work involved and necessary for construction of traffic signing and pavement delineation, complete in place, as specified in the SSS and these Special Provisions. Damage of any signs, posts or post sleeves as a result of the construction operations, shall be considered as included in the contract unit lump sum prices bid for other applicable items of work, and no additional compensation will be allowed therefore." Plans • Replace the Plans with the versions included in Attachment C. 'END OF CHANGES' 424 Pavement Rehabilitation Project at Arroyo Vista Community Park—Addendum No. 1 June 22, 2017 Page 3 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 [lowed ,erlfore. 1 fAi , tit F,y Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City's Project Representative Christopher Ball, cball@moorparkca.gov. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRISTOPHER BALL AT cballAmoorparkca.gov AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Attachments: • 425 Addendum No. 1 —Attachment A 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: (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void one-year after the recordation of the Notice of Completion by the Principal; otherwise, it shall be and remain in full force and effect. 426 Addendum No. 1 —Attachment A 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. 427 Addendum No. 1 —Attachment A 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: (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful-performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one year after the recordation of the Notice of Completion by Principal; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to 428 Addendum No. 1 —Attachment A the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "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. 429 Addendum No. 1 —Attachment A 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# 430 Addendum No. 1 —Attachment B CITY OF MOORPARK BID SHEETS FOR PAVEMENT REHABILITATION PROJECT AT ARROYO VISTA COMMUNITY PARK 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 Payment Unit No. Ref. Description Qty Unit Price Total Traffic Control, Construction 1 702-5 Signage and Traffic 1 LS Maintenance 2 703-2 Stormwater Pollution Control 1 LS 3 704-4 Pavement Surface 1 LS Preparation 4 705-6 Pavement Milling 68,400 SF 5 707-6 Asphalt Concrete 68,400 SF 6 708-5 Slurry Seal —Access Road 72,100 SF (Station 17+80 to end) 7 708-5 Slurry Seal— Parking Lot B 43,865 SF 8 708-5 Slurry Seal — Parking Lot C 27,175 SF 9 708-5 Slurry Seal — Parking Lot D 65,450 SF 10 712-6 Parking Lot D Driveway 1 LS 11 707-6, Remove and Replace Asphalt 8,300 SF 709-6 Concrete 12 707-6 Advanced Speed Bumps 18 EA B-2 431 Addendum No. 1 —Attachment B Item Payment Unit No. Ref. Description Qty Unit Price Total 13 712-6 Entrance Gate 1 LS 14 710-3, Adjust Utility and Survey 1 LS 712-6 Monument Covers 15 711-7 Traffic Signing and Pavement 1 LS Delineation 16 708-5 Lassen Avenue Bikeway 11,615 SF Slurry Seal 17 711-7 Lassen Avenue Bikeway 3,860 LF Redwood Headers 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: B-3 432 CITY OF MOORPARK PAVEMENT REHABILITATION AT ARROYO VISTA COMMUNITY PARK _ FILLMORF • OIKOOOeBAYE—i F I ` •..`.V" I i ^ PAULA r�SANTA .�_i } 1 . VENTURALOS N949.23 4Y8X9- PROJECT SITE PROJECT I' w.ARROYO VISTA COMININ YPARK •'. / '11111M111111118H sx-E-© ...�.`, SHEET 9 SITE / , OUTSIDE � OORP,R5`® `0 -... Eq` SHEETS BALL FEL.. PARK SHEET SHEETS BOUNDARY BXEET! TIOWSANO �! O .11111110 c •' ,, �.p P S g SHEET] IMP6LIt v I €I ono 115WEET nPARa 11141.1 SCHOOL 011 PACIFIC OCEAN LOS MOMS �^ boy t. 4 c Mao � N / / VICINITY MAP INDEX MAP PROJECT MAP SCALE:N.T.S. SCALE:N.T.S. SCALE:N.T.S. GENERAL NOTES ABBREVIATIONS I. A PRECONSTRUCTION CONFERENCE OF ALL INTERESTED PARTIES SHALL BE AC ASPHALT CONCRETE NAVD NORTH AMERICAN VERTICAL HELD PRIOR TO ANY PAVING. BW BACK OF WALK DATUM CONC CONCRETE N.I.C. NOT IN CONTRACT SHEET INDEX 2. ALL CONSTRUCTION,PAVING,STORAGE AND TRANSPORTATION ACTIVITIES CP CONTROL POINT NO. NUMBER SHEET NO. DESCRIPTION WILL BE CONDUCTED IN A MANNER CONSISTENT WITH THE STORM WATER CF CURB FACE N.T.S. NOT TO SCALE POLLUTION CONTROL PLAN/STORM WATER POLLUTION PREVENTION PLAN E ELECTRICAL OHE OVERHEAD ELECTRICAL 1 TIRE SHEET SUBMITTED FOR THIS PROJECT AND THE VENTURA COUNTWADE STORM EI/ELEV ELEVATION PB PULL BOX 2 ACCESS ROAD STASIS°TO STA 8+60 WATER QUALITY MANAGEMENT PROGRAM ROPES PERMIT NO.CAS004002 EP EDGE OF PAVEMENT RM RECORD MAP AND CALIFORNIA STORM WATER BEST MANAGEMENT PRACTICES IBMP'S) FH FIRE HYDRANT S SEWER 3 ACCESS ROAD STA 8+60 TO STA I7+B0 HANDBOOKS.A COPY OF THE STORM WATER POLLUTION CONTROL PLAN FL FLOW LINE SD STORM DRAIN ! ACCESS ROAO STA 17+80 TO STA 21•80 • AND/OR STORM WATER POLLUTION PREVENTION PLAN WILL BE ON SITE AND POW FACE OF WALL SF SQUARE FEET 6 ACCESS ROAD STA 21•80 TO STA 12+50 AND PARKING LOT B AVAILABLE FOR RENEW AT ALL TIMES DURING CONSTRUCTION. FS FINISH SURFACE SMH SEWER MANHOLE _ FT FOOT STA STATION 8 STA 82+00 TO STA 38+73 G GAS TC TOP OF CURB J. PRIOR TO INITIATION OF ANY WORK,ALL APPROPRIATE PERMITS WILL BE GALV GALVANIZED TR TREE T ACCESS ROAD END STA 38+73 AND PARKING LOTC PROCURREDANO COPIES PROVIDED TO THE CITY ENGINEER. pp GUARD POST TW TOP OF WALL 8 PARKING LOT • !. REGULAR WATERING OF SITE WILL BE REQUIRED TO CONTROL DUST.ALL OB GRADE BREAK TVP TYPICAL 8 IASSEN BIKEWAY ICV IRRIGATION CONTROL VALVE W WATER MEASURES SHALL BE TO THE SATISFACTION OF THE CITY ENGINEER MI. MILE WM WATER METER 'T.4 A 6. ANY RECORDED MONUMENTS IN TIE CONSTRUCTION AREA SHALL BE ft LOCATED AND TIED OUT AND SHALL BE PROTECTED IN PLACE DURING CONSTRUCTION. S. THE PROJECT IS OPEN TO THE PUBLIC.TIE CONSTRUCTION SITE WORK 27-.' AREA SHALL BE SECURED AT ALL TIMES DURING NON WORKING HOURS. $ 13 i•iitl sEe VERIFY SCALES to BAB IS e-1 GWL DlnMw IA °r aE NawMa.. ATTACHMENT C le _ .N10USr SCNES l6c0000S.r g ....°,..' ENGINEERING REVIEWED BE PAVEMENT REHABILITATION AT T ,7/ _ ___ PHOENIX CIVIL ENGINEERING,INC. JMm.0, p�NGnC w .P ASE;°B° 0CITY OF MOORPARK $ 5 ,� B„ RAT r �a ARROYO VISTA COMMUNITY PARK D 9 R � CHECKED BY: CITY ENGINEER s ] 0.14/ ` , JMT SEANCORRGA PE 3909] .CH7 S PUBLIC WORKS DEPARTMENT o c*NO. dP+ TON DATE 12-31-17 DRnwwc NO. D DESCRIPTION OF REVISION RCL RRG DATE .Vat �� rE APPROVED + H� ENGINEERING DIVISION TITLE SHEET 3A (o) (A) .:+EO SHEET 3 11 `I 2 I O 2Ar vv \ ACCESS ROAD 1'7V 24NCH ASPHALT CONCRETE GRIND AND OVERLAY= 1.1r 30,506 SF ID DIG OUT AREAS=3,650 SF Ed •15 M L - 200LF \ EIRIEldmm MIH. ( ) GRIND 1Y/NCH J \ DEEP(TYPI CONSTRUCTION NOTES r r ` 0 4-INCH WIDE SOLID WHITE PAVEMENT STRIPE CGUURB DR TAPER TAPER TTE I OADVANCED SPEED BUMP SHALL BE LOCATED BY CITY AND PER DETAIL y ��' R BO LR--.., 11 HNCH DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD PIAN A30A,DETAIL 21 • • I I I / A.C.PAVEMENT A.G.PAVEMENT I-I---I 1/ BIKE LANE LINE PER CALTRANS STANDARD PLAN ASOD.DETAIL 48 NOTES: f. ���I� DRIVEWAY 1. GRIND TO KEY IN SPEED BUMP.SEE ABOVE. __ ` 1©TYPE VN(R)ARROW PER CALTRANS STANDARD PLAN AVIA 2. SPEED HUMP MARKING SWILL BE THREE COATS OF PAINT TYPE IV(LI ARROW PER CALTRANS STANDARD PLAN A24A APPROVED BY THE ENGINEER.SEE STRIPING DETAIL /.INCH WIDE WE '4- , STRIPE STRIPE.SEE NOTE 2 19 BIKE LANE SYMBOL WITH PERSON PER CALTRANS STANDARD PLAN TAPER DETAIL STRIPING DETAIL A2/C.BIKE LANE PAVEMENT ARROW PER STANDARD PLAN A2M1. N.T.E. N.T.S. \ } ®O ADVANCED SPEED BUMP O BIKE LANE LINE PER CALTRANS STANDARD PLAN SEA 33• SCALE N.T.S. S.\1T ©1 BIKE LANE TEXT PER CALTRANS STANDARD PLAN A2/D.ARROW PER AUK ©S BUMP TEXT PERCALTRANS STANDARD PLANA24E.TO BE INSTALLED SO'AHEAD OF SPEED BUMP. \ Z/ RELOCATE EXISTING POST AND GATE TO BE WITHIN THE NEW TRAFFIC I STRIPING.CONTRACTOR TO CONSTRUCT NEW GATES TO SPAN EACH I, \ m SIDE OF THE STREET.SIZE OF POST AND GATE MATERIAL TO MATCH EASING.SUBMIT SHOP DRAWINGS TO CITY PRIOR TO FABRICATION 1 FOR APPROVAL \ ®REPLACE EXISTING TRAFFIC SIGNAL LOOPS \ / ® ©INSTALL 1281(CA)SION - MT OF it :001 . m n b DRIVEWAY '•:b '©: b b m1oN R w 7 SCALE I«FRET \a) 4,\\''' g tb 4;�F ly lsB_ OVERLAY IE Is VERIFY SCALES IkATTACHMENT C {a BIN 5 Of RIF OI ALES MEMG 2F O I TIERRA REJAOA ROAD F NOT GE MCA ON MS MEI, 4 AUNT SCALES 4cCOROMGY Q Nano Rt DESIGNED EECGRADMG ENGINEERING REVIEWED BY: PAVEMENT REHABILITATION AT z BE PHOEN%X.ML ENOINEEWNO,INC. JMT s ., CITY OF MOORPARK PERMIT N0. - _ 5 Ili SN 9949 DAMN '�MRAT0 �, ARROYO VISTA COMMUNITY PARK 9 ig 3 CHECKED BY. SON CORRIGAN.PE 3909 ENGINEER DAM YV '' PUBLIC WORKS DEPARTMENT PROJECT NO ING gi� FOR MO :mn �3R Illk ,rF PR JMT� EXPIRATION DATE 12_31_10 •m4ACCESS ROAD STA 1+00 TOISSUED .<.N gg p DESCRIPTION o NEHI ACE MPP DOE • !!. M WHO p1< O ENGINEERING DIVISION STA 8+50 Igl CA) 9.19 . -r .L .7.......,r- DRIVEWAY 1 Ll17TOF .. •j LIMIT OF DRIVEWAY - I I. / WORK _ " � r Qr y Q • ligDRIVEWAY .-- -' a LIMIT OF �". • WORK CONCRETE O=9m.i / BUS PAD iGo=� N Wn/ / / O 6 O CONSTRUCTION NOTES • QOG P 1 0.1NCH WIDE SOLID WHITE PAVEMENT STRIPE P / 0Yto\ O ADVANCED SPEED BUMP SHALL BE LOCATED BY CITY AND PER P DETAIL .'/ -,�£ .� 'l „ DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD �� - n \� PLAN A20A,DETAIL 21 Z - 1% BIKE LANE UNE PER CALTRANS STANDARD PLAN MOD,DETAIL 39 / Z1 ��•/ 1©TYPE VII(RI ARROW PER CALTRANS STANDARD PLAN A24A 9'6,i T , ,e TYPE IV(LI ARROW PER CALTRANS STANDARD PIAN A20A .-7'....e.- / slk - ,. - Q/�• y ,3 BIKE LANE SYMBOL WITH PERSON PER CALTRANS STANDARD .''-- z PLAN A24C .9 20 BIKE LANE UNE PER CALTRANS STANDARD PLAN 39A 7_/� ,"'666 ©1 BINE LANE TEXT PER CALTRANS STANDARD PLAN A24D.ARROW PER AMA. 22 BUS TROT PER CALTRANS STANDARD PLAN A24E /'_' ' ,.i'K 0 BUMP TEXT PER CALTRANS STANDARD PLAN A24E.TO BE '.g{ INSTALLED 50'AHEAD OF SPEED BUMP. l / ©RAISE UTILITY TO GRADE. M I€ - I ACCESS ROAD B _ ASPHALT CONCRETE 2'GRIND AND OVERLAY-37,900 SF 11 " DIG OUT AREAS•5,650 SF 5 IL g A.ON 0 _ SCALE IN FEET -E I. VERIFY SCALES BAR IS OE NDN d ORONAL DR.AMNC ATTACHMENT C OEF Nor DE MCS 9 TNS 41EEr. �N ' Aousr s[NEs AaADN orax. _ D D.CNE9 a' ENGINEERING REVIEWED BY: WONG PAVEMENT REHABILITATION AT SNEET_� tk— PHOENIX LENOINEERINO,INC. J�MT 7 CITY OF MOORPARK PERMR NO. ARROYO VISTA COMMUNITY PARK 9 b"--il 5v'�N3r,!prN"&9 O. DRMMBx ..... Or NG A3 ' ADRMNwW M • , c»ccJMiy EXPI ATION DRAT FE 391-9DArECN'1'�,i PUBLIC WORKS DEPARTMENT P`GUECTNNO ACCESS ROAD STA 8+50 TO MwNc NO. '� YUEDFU B R•een NuON n APPROVED Br ON arc a-3,-n STA 17+80.00 ka A DESCRIPTOR Or REVISION RCE APPD DATE ��.,�,,RE Q,,, a R. ENGINEERING DIVISION SP W CT1 MATCHLINE STA 21.00 SHEET 5 I I \ \ • 0 U ,■S■ \ .,,,T.,,WORK 0 `\\ ' �''��'� \ PAR10N0 LOT [1."--(D PARKING LOTH ,' [HD IHHHU — 7 ,,, • , . „ , I = - - ---Ill---- D , , .., , b , ,, ”. ,),...,..., 8 I 0, I f l .q t _ CONSTRUCTION NOTES 1111% J�J O WHITE CROSSWALK STRIPING PER CALTRANS STANDARD PLAN RSP A34F AL y rip ©YELLOW DIAGONAL STRIPING TO MATCH EXISTING C STA 17+80 X �0) BEGIN SLURRY BEAL O PAVEMENT MARKING AND LIMIT UNE PER CALTRANS STANDARD PLAN A34D END DIGOUT AND 3" GRIND AND OVERLAY MATCHLINE STA 17+80 SHEEP 3 TO PAVEMENT MARKING PER CALTRANS STD PLAN AVID O ADVANCED SPEED BUMP SHALL BE LOCATED BY CM AND PER O ACCESS ROAD DETAIL 3 M SLURRY SEAL 15,700 SF 11 DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD II PLAN A30A,DETAIL 31 I 14 BIKE LANE LINE PER CALTRANS STANDARD PLAN A30D,DETAIL 39 g▪i (DI BIKE LANE SYMBOL WITH PERSON PER CALTRANS STANDARD jF�_ PLAN A34C ^" @J BUMP TEXT PER CALTRANS STANDARD PLAN A34E.TO BE INSTALLED SO'AHEAD OF SPEED BUMP. 4 - ®SINGLE aMrsarE NaaGeGNU MAMG j. PLAN'� LL�WPL�ENENi STRIPE PER CALTRANS STANDARD II VERIFY SCALES A� AATTACHMENT ENT C 0 1,' K NOT 50 ALE SI Rr9 REE.. a.••.r rate aMAST SCALES AccmMr n DESIGNED Br: ENGINEERING REVIEWED BY: �1N0 PAVEMENT REHABILITATION AT 9,�T�_ a� PHSE X��ENGINEEPoNG,INC. CHECKED KE anT I '% 1 CITY OF MOORPARK PERMIT NG. ARROYO VISTA COMMUNITY PARK • S33 E ttNN Sa9EEf '"..RAT OF Sli SNafAPMAA G 9]090E�af"mak~ `t"ENGINEERDATE ACCESS ROAD STA 17+80 TOA. ] APOMSIUMN ' 1 CJMTSFMI CORPoGW,PE 39!]9 V PUBLIC WORKS DEPARTMENT vRaicEiR'�+o. DAwi �. ar- ' Oa EXPIRUTOS MTE z-3a-17 • g3 0 010052 00 OF REAM. R.CE. IPPB 4°011E hi*' v�,a py''L APPROVED B1' '� ENGINEERING DIVISION STA 21+00 HP W 01 CD © �iA-x t 11 :g m i _ fig= i/ 1 1.,! M,/ :'? 2 O 01 i7AO • U • Off' ///�/���0 �O • \• . r ----- CONSTRUCTION NOTES :, LOTS V'u lO AMDH NIDE SOLID WHITE PAVEMENT STRIPE MUT OF woRK O2 SLURRY SEAL TO LAMINS SHOWRG O OO ACCESSIBLE PARKING STRIPING PER MUTCD FIGURE 2822.NO Q PARKING PAINTED WIRE WITHIN THE ACCESS AISLE PER 2015 CALGAG FIGURE \/ /e\J4 t(T\ YPI - MANUAL CD-21B. OmP) V 1 ©CROSSWALK STRIPING PER CALTRANS STANDARD PLAN RSP A2AF U,' %S s WHITE DIAGONAL K © YELLOW DIAGONAL STRIPING TO MATCH EIOSTINO O PAVEMENT MARKING AND UNIT LINE PER CALTRANS STANDARD PLAN , A2/D pB ADVANCED SPEED BUMP SHALL BE LOCATED BY CITY AND PER DETAIL 2 O RIGHT TURN ARROW PAVEMENT MARKING TYPE VII PER CALTRANS STANDARD PUNS RSP AUG • 10 VARIABLE WIDTH(MAXIMUM S.WIDE)SHOULDER(4"ACM'PMB) _. • 11 ADI DOUA,BLE YEOETALLL21 OW PAVEMENT STRIPE PER CALTRANS STANDARD PLAN 1 a WHITE PAVEMENT EDGE STRIPE PER CALTRANS STANDARD PLAN A20B, DETAIL 2TB . € 1®HNCH WIDE RED DIAGONAL PAVEMENT STRIPE WITH"NO PARKING' j PER CALTRANS STANDARD PLAN RSP A24E 1 A C>BUMP TEXT PER CALTR NNS STANDARD PLAN AUG.AETO NE INSTALLED W'AHEAD OF SPEED BUMP. B ®SINGLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD PLAN J •T AUS,DETAIL 21 • it ®S PAINTED WHITE LETTERING PER CALTRANS STANDARD PLAN A24E eF ACCESS ROAD PARKING LOT B 4 SLURRY SEAL 38,300 SF SLURRY SEAL.33,665 SF 33 PARKING STALLS•96 �F ACCESSIBLE STALLS.7 1s-� ATTACHMENT C VERIFY SCALES •11. 10. 0 WY i 9AR Is oIE NCR aoRr umAMxc N q a ig IF NOT GE NOR DK MIS BER. .....11 FST . fff .1DU5T SCALES Amman, ENGINEERING REVIEWED BY: GRADING aA F PHOEB I%CBALENGINEERING.INC. DEGGKAT PER .O PAVEMENT REHABILITATION AT s _ DMNN.Y ��= CITY OF MOORPARK � .R Z. �.I�,.rw ARROYO VISTA COMMUNITY PARK a 3L° (4.14 CHECKED Br- T.E„G„EE„ DATE (�C j _4 ENGN„EEP„G ACCESS ROAD STA 21+00 TO STAf4 : .00BaDw .RAT ESEAN.PRATION DATE 12-3, PUBLIC WORKS DEPARTMENT PROJECT NOMUM 14 ON IND 011-0.17 \ DRAWING„O Sam RE sKN RGG SPD aE N a —APPROVED B< « ENGINEERING DIVISION 32+50 AND PARKING LOT B 0 • 5P W J f= s 30 00 R. ® C LIMIT OF WORK 0 ^ 2 G. I . » M m i i p LIMIT OF WORK ID m i S O F ACCESS ROAD SLURRY SEAL=18,100 SF CONSTRUCTION NOTES ®SLURRY SEAL TO LIMITS SHOWN ©CROSSWALK STRIPING PER CALTRANS STANDARD PLAN RSP A20F WHITE DIAGONAL OB ADVANCED SPEED BUMP SHALL BE LOCATED BY CITY AND PER O DETAIL 2 10 VARIABLE WIDTH(MAXIMUM 2'WIDE)SHOULDER(0"AC/0"PMB) 11 DOUBLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD y PLAN ANA.DETAIL 21 i 1©WHITE PAVEMENT EDGE STRIPE PER CALTRANS STANDARD PLAN a_ MSG DETAIL 27B 1g ®SPEED BUMP TEXT PER CALTRANS STANDARD PLAN A20E.TO BE INSTALLED SO'AHEAD OF SPEED BUMP. I; ®SINGLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD PLAN A20A,DETAIL 21 i SHOULDER WIDENING DETAIL Oi 'e SCALE:N.T.S. 3!g pr ® Is VERFY SCALES i in lo. o 2O. IBM IS ONE INEM MI OMRIL MANIA Ski ATTACHMENT C SF o IIIM✓uNnn €- f 101 si SCALESE ROI A MS r. CCORCOIGY 4E MEN.BY DESIGNED FY: ENGINEERING REVIEWED BY: GRADING 1 PHOENIX CSTREET ENGINEERING. P PAVEMENT REHABILITATION AT SHEET_6_ �R STREET N :T --�= CITY OF MOORPARK i- �J° •,PAULA GA°93060 ` CHECKED"T ENGINEER BATE Ir �ry'� ARROYO VISTA COMMUNITY PARK °F B fl:Is s 'RT SEAN PL Is.,9s e� PUBLIC WORKS DEPARTMENT ENGINEENG PROJECT NO ACCESS ROAD STA 32+50 TO °�„,„°„ m MUM Fon o 11 . 01EXPIRATION MTF 12-31-IT (WTI APPROVED e -nwIt e ENGINEERING DIVISION STA 38+73 8a 0 DESCRIPTOR Of REHSION R.OE. APPD DATE ,,,.o, WS. dR w CO i NOTA 00 PART t .Ir•---(D , ,c, , Ill A o1 _ NOTA PART _ III 0 – n_ ^ PARKING LOT C 1�) — IILJIr`�/ LIMITOF WORK ] U. G NOTA 1(TYP) ® PART O 1] -Rf II Illh .:12 C. MATCHLINE SHEET B PARKING LOT C SLURRY SEAL.27,175 SF PARKING STALLS=80 CONSTRUCTION NOTES Ot 4-INCH WIDE SOLID WHITE PAVEMENT STRIPE 0 SLURRY SEAL TO LIMITS SHOWN ©PAVEMENT MARKING ANO LIMIT LINE PER CALTRANS STANDARD PLAN A20D O PAVEMENT MARKING PER CALTRANS STANDARD PLAN AVID 4 OS ADVANCED SPEED RUMP SHALL BE LOCATED BY CITY AND PERO DETAIL 2 OS RIGHT TURN ARROW PAVEMENT MARKING TYPE VIII PER 88 CALTRANS STANDARD PLANS RSP A24A 0 THROUGH ARROW PER CALTRANS STANDARD PLAN REP A24A, TYPE 110.LONG 9A ®SINGLE YELLOW PAVEMENT STRIPE PER CALTRANS STANDARD & PLAN AMA,DETAIL 21 ®PAINTED WHITE LETTERING PER CALTRANS STANDARD PLAN A24E ag ® I IAVERIFY SCALES 1.1cA eEPER SIN .s aARrsONEN.ONMGNMmANING ATTACHMENT C 1, F N,T,NE Nat,N Sas SETT. 0.0.1.STAB AMMONG. a� R MOEN%CIVLENGINEERwG.INC. °`"�Mr' ENGINEERING REVIEWED BY � PERMIT NO PAVEMENT REHABILITATION AT G„EET 7 aAwr1�: w."'AF,-< CITY OF MOORPARK RAD ARROYO VISTA COMMUNITY PARK rR 1 $ % sANr).r,'-'''''''' RAT 0171 y+4 or 8 E; CHECKED ev. CITY ENGINEER F„ ] DATE gs Ac......., • , G1 •a. APPROVED E.NR„T�DN DATE 12-1-,7 c'+� ,.° PUBLIC WORKS DEPARTMENT ENGINEERING aaE R„o. ACCESS ROAD END STA 38+73 DRAWING NO. gg A DEROAEHN OF REVISION R.DE APO, DATE 'yid, 02 °E° ENGINEERING DIVISION AND PARKING LOT C .P W VD • i LIMIT OF I.. L t: WORK LIMIT OF V//// WORK V S = ® .. v///,^ ga � ° 1 1 11 _. 1 1 1 eTh69 ® PARKING LOT D / SLURRY SEAL=35,450 SF 0 PARKING STALLS=187 ACCESSIBLE STALLS=8 VIA NOT A PART T ------\, . • ATL I Y ® Q4I 11II ®// I L © ® ! CONSTRUCTION NOTES ® -• 0 NNCX WIDE SOLID WHITE PAVEMENT STRIPE / PARKING LOTS d / A ®SLURRY SEAL TO LIMITS SHOWN T {> (1)(TYP) O9 ACCESSIBLE PARKING STRIPING AND SYMBOLS PER MUTCD FIGURE 98-22.NO PARKING PAINTED WHITE WITHIN THE ACCESS AISLE PER 2019 CALDAO MANULA FIGURE CD-21B. H :. I y� = O CROSSWALMMWHDE DIAGSOT PAVEMENT MARKIER CALNTALANA2AD5O ADVANCED PEEDP SHTEBYCITYAND PER 2NOTA PART ■ DETAIL O r 19 THROUGH ARROW PER CALTRANS STANDARD PUN RSP A2IA, 19 TYPE 110'LONG (TYP OF 12) i O O c_,)® �HNCX WIDE REO DIAGONAL PAVEMENT 8TRIPE WITH"NO 1(.7 (TYP) PARKING"PER CALTRANS STANDARD PLAN RSP ANIS P A ART O\` 1S INSTALL 16'WIDE CONCRETE ROLLED CURB AND RELOCATE $ 110 til \ VEHICLE GATE TO NEW LOCATION ADJACENT TO FENCE A18 3i iq 1e Is VERIFY SCALES _z• M SEA4{ FIE.- eIs oM K im G W 066699.mooOBmooATTACHMENT C 0 2 "MOT OK Nal s0o91 WALLS:ROR Q 1• 4 M... ENGINEERING REVIEWED BY: GRADING , PAVEMENT REHABILITATION AT 8 PHOENIX CIVIL ENGINEERING,INC. JMT �'� NTED OF MOORPARK SHEET s F�x� RAT ER DATE 00117 A ARROYO VISTA COMMUNITY PARK OF B pi J FOR o " �� CHECKED EEx Ixxnil�OXOTT RI Pi 3�-'+°� ','C4, p PUBLIC WORKS DEPARTMENT ENGINEERINGROENO. DRAWING,.o -- �, ,,,°"' APPROVED PARKING LOT D as o DESCRIPTION O< SOON RCE A„o GCE 111P K „ `EO RV ENGINEERING DIVISION i•A IA 0 51 a1 0 O--�rr S r Y///////////// �''/ 1/ //"////%/ \6 LASSEN AVENUE ----_-_-- a MCFADDEN CORNETT AVENUE AVENUE y� �3 a "w e 0 0 u Ol LASSEN AVENUE O 1, > , , ,///////////// //////"/ // i///// //////////f//'/// /////// A<—. W S PAVING OR DECOMPOSED GRANITE PER Tums MUM JOINT COM RA.SAS REDWOOD on SLURRY SEAL RECYCLED PLASTIC HEADER RUMMER 2HNCH HALO STEEL STAKE AT MAMA CIMAt1.INSTALL TWO K M M _ a EACH JNDH F HEADER ;a . IIIAIr-i �'jr�� D - .= I I REMOVEANR DWOOD HEADER PER `64NCHREMOVE REDWOOD HEADERWITH 3JNCH% 0 II' li-=111 1$ %6JNCH REDWOOD HEADER PER REMOVE AND REPLACE WITH IJNCH E O 6JNCH REDWOOD HEADER PER yF 6-1NCH REDWOOD HEADER PER CO NIA HALO DOM HAILS ITYAI ZI SECTION A-A SECTION VIEW ELEVATION VIEW I £5 REDWOOD HEADER STAKING DETAIL1 ea SCALE:N.T4. N� NOTE:MATERIALS AND INSTALLATION PER SSPWC 212-1.6 AND 208.3. IR SIT IV 0 X0 LASSEN BIKEWAY CONSTRUCTION NOTES ig SCALE SCALESVERIFYIN FRET �j//J is SNI E OE RGI to. mow IN / J SLURRY SEAL=71,615 SF ] SLURRY SEAL TO LIMITS SHOWN ATTACHMENT C 6 N E OM16LLY NOT E NW 1S[ET, g SDJIST 9GlEs ACCODN I PHOENIMGNLENGINEERING.INC. E JMT ENGINEERING REVIEweo eY: CITY OF MOORPARK� ` uGR�� ',�: DR D6INEER6H�H�NH ARROYO VISTA COMMUNITY PARKOF\.� JMT EXPIRATION RGA PE TI- �MO PUBLIC WORKS DEPARTMENT PROJECT NO. HAM NO w. a ,,®FOR EM ,,SAlE ,Ta ,,� T LASSEN BIKEWAY !t A OLYRIPRON OP REMMON ROE. .PPE ONIE iri .a Ax APPROVED 6Y: ENGINEERING DIVISION I.P. 6l. Il ATTACHMENT 2 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2017/18 BUDGET TO ALLOCATE $453,632.00 FOR CONSTRUCTION OF THE ARROYO VISTA PAVEMENT REHABILITATION PROJECT (M0032) AND LASSEN AVENUE PEDESTRIAN/BIKE LANE MAINTENANCE (L0078) AND INCREASE REVENUE BUDGET IN COMMUNITY WIDE PARK DEVELOPMENT FUND (2010) BY $51,054.00 FOR REIMBURSEMENT OF PROJECT COST AND GENERAL FUND (1000) BY $10,210.80 FOR REIMBURSEMENT OF ADMINISTRATIVE COSTS WHEREAS, Resolution No. 2017-3585 allocated $50,341.00 for construction management services for the Arroyo Vista Pavement Rehabilitation Project (M0032) from the Community Wide Park Fund (2010); and WHEREAS, on June 21, 2017, the City Council adopted the Operating and Capital Improvement Projects Budget for Fiscal Year 2017/18; and WHEREAS, a staff report has been presented to the City Council requesting an aggregate expenditure budget increase of $453,632.00 for the pavement rehabilitation; $443,662.00 from the Community Wide Park Development Fund (2010) for Arroyo Vista Pavement Rehabilitation Project (M0032) and $9,970.00 from the Traffic System Management Fund (2001) for the Lassen Avenue Pedestrian/Bike Lane Maintenance (L0078); and WHEREAS, a revenue budget increase of $51,054.00 in the Community Wide Park Development Fund (2010) is also recommended to reflect the estimated reimbursement from Moorpark Unified School District for their share of the maintenance cost of the access road between Tierra Rejada Road and the entrance to Arroyo Vista Community Park and $10,210.80 in the General Fund (1000) for reimbursement of Administrative Costs; and WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. An expenditure budget increase of $443,662.00 from the Community Wide Park fund (2010) and $9,970.00 from the Traffic System Management Fund (2001) as more particularly described in Exhibit "A", attached hereto, is hereby approved. 442 Resolution No. 2017- Page 2 SECTION 2. A revenue budget increase of $51,054.00 in the Community Wide Park Development Fund (2010) and $10,210.80 in the General Fund (1000), as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 3. 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 19th day of July, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A— Budget Amendment 443 Resolution No. 2017- Page 3 EXHIBIT A BUDGET AMENDMENT FOR VARIOUS FUNDS REHABILITATION PROJECT AT ARROYO VISTA COMMUNITY PARK(M0032)AND LASSEN AVENUE PEDESTRIAN/BIKE LANE MAINTENANCE (L0078) FY 2017/18 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount Community Wide Fund 2010-000-00000-33990 $ 392,608.00 Traffic System Mgt Fund 2001-000-00000-33990 $ 9,970.00 General Fund 1000-000-00000-33990 $ (10,210.80) Total $ 392,367.20 REVENUE BUDGET ALLOCATION: Account Number Current Budget Revision Amended Budget 2010-000-00000-43360 $ - $ 51,054.00 $ 51,054.00 1000-000-00000-43290 $ 10,210.80 $ 10,210.80 Total $ - $ 61,264.80 $ 61,264.80 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2010-541-M0032-53000 $ - $ 443,662.00 $ 443,662.00 2411-311-L0078-53000 $ 50,000.00 $ 50,000.00 2001-311-L0078-53000 $ - $ 9,970.00 $ 9,970.00 Total $ 50,000.00 $ 453,632.00 $ 503,632.00 (97 Finance Approval: 444