Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AGENDA REPORT 2017 1206 CCSA REG ITEM 10F
ITEM 10.F. 1. f_s, FOPRii i,(1,Councu MOORPARK CITY COUNCILAGENDA REPORT ACTION: .^_,. TO: The Honorable City Council '- FROM: Jeremy Laurentowski, Parks and Recreation Director PREPARED BY: Chris Ball, Management Analyst DATE: November 17, 2017 (CC Meeting of 12/06/17) SUBJECT: Consider Award of Agreement to Mariposa Landscapes, Inc. for Tierra Rejada Road Tree Irrigation and Landscape Median Renovation Project (Project No. M0031); and Resolution Amending the Budget for Fiscal Year 2017/18 Appropriating $400,812 from the General Fund (1000) and $82,153 from the 84-2 Steeple Hill T2865 Fund (2302) BACKGROUND On March 16, 2016 the City Council approved a conceptual plan for the redesign of the landscaping along the Tierra Rejada Road corridor. The conceptual plan, developed by Architerra Inc. (Architerra), incorporates a combination of California native and drought tolerant plant species specifically chosen to complement the original design intent of the Mountain Meadows Planned Community. The plan also incorporates water saving irrigation techniques, such as point irrigation and drip irrigation systems. Given that the plant material on the south side of Tierra Rejada Road has sustained relatively well, the renovation activity focuses on the median islands, the north side of Tierra Rejada Road, and highly visible areas such as street intersections and monument locations. Landscape construction plans were completed for an initial 700-foot section along Tierra Rejada Road adjacent to Mountain Meadows School, and on November 2, 2016, the City Council awarded a contract to Oakridge Landscape, Inc. for construction of the redesigned landscape. Construction was completed on March 30, 2017 and the redesigned section has since been well received by the community. On November 2, 2016, in support of ongoing efforts to maintain the health of the Coast Redwoods along Tierra Rejada Road, the City Council also authorized Architerra to prepare a separate plan set for a supplemental irrigation system for the Redwoods along the south side of the road. These plans were completed and on July 19, 2017 the City Council authorized staff to prepare bid documents and solicit bids for the 401 Honorable City Council December 6, 2017 Page 2 construction of the supplemental irrigation system. At that time, the City Council also authorized staff to prepare bid documents and solicit bids for renovation work in the center median islands along Tierra Rejada Road. This center median renovation work includes the removal of the existing groundcover, capping irrigation spray heads no longer in use and replacing spray heads around trees with high efficiency spray nozzles, and a bid option for the installation of bark mulch. Construction of the supplemental tree irrigation system and renovation of the center median islands were bid together in one proposal. A notice inviting bids was published in September 2017 and four bids were received by the due date of October 3, 2017. Unfortunately the low bidder omitted a number of required bid documents, causing the low bid to be rejected as nonresponsive. Their bid price was $410,357. The second lowest bid represented a cost increase of $75,000. Due to the rejection of the low bid and the significant cost differential between bids, on October 18, 2017 the City Council rejected all the bids and re-authorized the project to go out to bid. DISCUSSION A L:- inviting bids published October __ /1!" and October L-_ 30, /1/lA'� A 1-1 notice was published on October 25 October 20 1 /. A mandatory pre-bid site meeting was held on November 1, 2017 and was attended by eight contractors. Four bids were received by the due date of November 17, 2017. The results are: Mariposa Landscapes, Inc. $ 419,970 Clean Cut Landscape Inc. $ 443,582 Oakridge Landscape, Inc. $ 470,827 Environmental Construction, Inc. $ 478,100 The bids were evaluated on their completeness and cost. The apparent low bidder is Mariposa Landscapes, Inc. (Mariposa). Mariposa possesses the necessary qualifications, resources and experience to perform the work. The bid documents required separate lump-sum quotes for each component of the work to be performed, including an option for the installation of bark mulch. The cost breakdown of Mariposa's bid is as follows: Supplemental tree irrigation system: $ 134,222 Median island groundcover removal: $ 194,103 Median island irrigation renovation: $ 4,729 Median island bark mulch installation: $ 86,916 Removal of the deteriorating groundcover and installation of bark mulch in the center median islands will not only improve the aesthetics of the Tierra Rejada Road corridor, but also demonstrate continued progress on the streetscape revitalization project. The 402 Honorable City Council December 6, 2017 Page 3 bark mulch would also serve to mitigate stormwater runoff following groundcover removal. The project schedule allows sixty working days for project completion, which gives an expected completion date in mid-March. This work is being conducted in advance of the next phase of the Tierra Rejada Road streetscape redesign project (Phase 2), which will install the Council-approved redesigned landscaping along the remaining unimproved areas of Tierra Rejada Road, primarily the streetscape areas on the north side of the street, the median islands and corners on both sides of the street. Construction documents for Phase 2 are currently under development by Architerra Inc. (Architerra), and installation is tentatively planned for August of 2018. Areas of slope on the south side of Tierra Rejada Road that are in need of improvement will be addressed separately by staff through the landscape maintenance contract, incorporating plant material that conforms to the approved conceptual plan. FISCAL IMPACT The lowest responsive bid for the Tierra Rejada//�� Road tree irrigation and landscape median renovation project vva0 submitted by Mariposa at a cost of $410,070. The total contract value is $482,965, which includes a contingency of $62,995. The work in the median islands spans the Tierra Rejada Road streetscape, which lies within LMD Zone 2 (Steeple Hill Area Tract 2865), LMD Zone 5 (Pheasant Run Tracts 3019 and 3525), and LMD Zone 10 (Mountain Meadows Planned Community). The total proposed cost of this median island renovation, which includes groundcover removal, irrigation renovation, and bark mulch, is $285,748. Funding from LMD Zone 2 (Steeple Hill Area Tract 2865) will cover $71,437, or approximately 25% of the median island renovation cost. The General Fund (1000) would need to cover the remaining costs of $214,311. The proposed cost for the construction of the supplemental tree irrigation system is $134,222. Funding for this work would come from the General Fund (1000), as it is almost entirely located within Zones 5 and 10. With the added contingency, the total funding allocation for this project would be $400,812 from the General Fund (1000), and $82,153 from LMD Zone 2. A budget amendment is requested from the General Fund (1000) in the amount of $400,812 and from the 84-2 Steeple Hill T2865 Fund (2302) in the amount of$82,153 to fund the above described work. As detailed in prior staff reports, the total costs for the Tierra Rejada Road streetscape renovation project are $121,368 for architectural design, and approximately $2,087,400 for construction. It is important to note that this construction cost estimate did not include construction of the supplemental irrigation system for the Coast Redwoods, which will cost $134,222, bringing the revised total estimated construction cost to $2,221,622. The architectural design costs are included in the FY 17/18 budget, with $92,532 allocated to the General Fund and $28,836 allocated to LMD Zone 2. To date 403 Honorable City Council December 6, 2017 Page 4 construction costs totaling $245,698 have been incurred for construction of the initial test section of Tierra Rejada Road. These costs were allocated to the General Fund, as the work was located in LMD Zone 10. As detailed above, the cost of the current median island renovation and supplemental tree irrigation work is $482,965, with $400,812 coming from the General Fund and $82,153 from LMD Zone 2. Remaining construction costs for completion of the Tierra Rejada streetscape renovation are estimated to be approximately $1,500,000, of which approximately $1,125,000, would be allocated to the General Fund, and $375,000, allocated to LMD Zone 2. Thus, the current anticipated total cost for the Tierra Rejada Streetscape Renovation Project, including architectural design, is approximately $2,350,000, with $1,864,000 coming from the General Fund, and $486,000 coming from LMD Zone 2. STAFF RECOMMENDATION (ROLL CALL VOTE) 1) Award bid to Mariposa Landscapes, Inc. for $419,970, plus a $62,995 contingency, for a total contract amount of $482,965 and authorize execution of the Agreement by the City Manager, subject to final language approval by the City Manager. 2) Adopt Resolution No. 2017- amending the FY 17/18 budget to fund construction services related to tree irrigation and median island renovation for the Tierra Rejada Road streetscape project. Attachments: 1. Agreement with Mariposa Landscapes, Inc. 2. Resolution No. 2017- 404 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MARIPOSA LANDSCAPES, INC. FOR TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION THIS AGREEMENT, executed as of this day of 2017, between the City of Moorpark, a municipal corporation ("City") and Mariposa Landscapes, 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 Tierra Rejada Road tree irrigation and landscape median renovation; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on December 6, 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 December 6, 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 Tierra Rejada Road tree irrigation and landscape median renovation, as set forth in Exhibit C: Contractor's Bid Proposal, dated November 15, 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. 405 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 nineteen thousand nine hundred seventy dollars ($419,970) as stated in Exhibit C, plus a contingency of sixty-two thousand nine hundred ninety-five dollars ($62,995), for a total contract value of four hundred eighty-two thousand nine hundred sixty-five dollars ($482,965) 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 Rich Jensen 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 spent on the above tasks. This amount shall not exceed four hundred nineteen thousand nine hundred seventy dollars ($419,970) as stated in Exhibit C, plus a Mariposa Landscapes, Inc. Page 2 of 18 4 0 6 contingency of sixty-two thousand nine hundred ninety-five dollars ($62,995), for a total contract value of four hundred eighty-two thousand nine hundred sixty-five dollars ($482,965) 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 Contractor to make progress in the performance of work hereunder arises out of causes- Mariposa Landscapes, Inc. Page 3 of 18 4 0 7 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, at the Contractor's office and upon reasonable written request by the City, the Mariposa Landscapes, Inc. Page 4 of 18 408 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. 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. Mariposa Landscapes, Inc. Page 5 of 18 4 0 9 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 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 Mariposa Landscapes, Inc. Page 6 of 18 410 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 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 Mariposa Landscapes, Inc. Page 7 of 18 411 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: Terry Noriega, President Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale, California 91702 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. Mariposa Landscapes, Inc. Page 8 of 18 412 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. Mariposa Landscapes, Inc. Page 9 of 18 413 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit B 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 MARIPOSA LANDSCAPES, INC. Steven Kueny, City Manager Terry Noriega, President Attest: Maureen Benson, City Clerk Mariposa Landscapes, Inc. Page 10 of 18 414 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. Mariposa Landscapes, Inc. Page 11 of 18 415 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 Mariposa Landscapes, Inc. Page 12 of 18 416 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, Mariposa Landscapes, Inc. Page 13 of 18 417 provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any Mariposa Landscapes, Inc. Page 14 of 18 418 given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project, when required by City. City shall determine the liability limit. Mariposa Landscapes, Inc. Page 15 of 18 419 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. Mariposa Landscapes, Inc. Page 16 of 18 420 (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 Mariposa Landscapes, Inc. Page 17 of 18 421 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.) Mariposa Landscapes, Inc. Page 18 of 18 4 2 2 Exhibit C aaKcQ � �, P � A,o viva „:„,111„, O 4 RgTED �v� CITY OF MOORPARK TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION IDENTIFICATION NO. P&R - 2017 - 3R Submitted by:Mariposa Landscapes,Inc. CS*3 CA CONTRACTOR'S LIC#592268 A,C-27,D-49 6232 Santos Diaz St., IRWINDALE,CA 91702 •TEL 800.794.9458 •FAX 626.960.8477 www.mariposa-ca.com 423 BID CITY OF MOORPARK TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION 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 caref |ly 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. Fudhermore, 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 praacribad, and to furnish or provide all materials, |abor, too|o, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Oooumentu, 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 padnership, 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 oheck, a certified check or a Bid Bond in an amount equal to at least ten percent (1096) 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 undersignnd, 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 582268 . [}|onS C27 , which expires on 04/30O018 Bidder's Name: Mariposa Lanscapes, Inc Signature: [)e1�� /1-/ ,)"--/ '/. ��-/~7 / / Signature: Date: / \ � / �7 / / ? B1 82000-001611919347'1,dno Richards,Watson&Gershom/o 424 CITY OF MOORPARK BID SHEETS FOR TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION Bidder's Name: Mariposa Landscapes, 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 |abor, rnaterio|o, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the following prices: BASE AMOUNT: ITEM NO. DESCRIPTION UNIT AMOUNT 1. Drip Ring Irrigation for Existing Trees Per Plan LS 31 -fr '� �/-� ^^77 A� / �� -. 2. Median Island Groundcover Removal LS $ i (�<4 \ (}� Vc . CPI- . ~� 3. Median Island Irrigation Renovation LS $ 4. Median Island Bark Mulch Installation LS $ , / /`q' 'o co TOTAL BASE AMOUNT $ /`|q .q3-0 . 4u Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Sno. Then*Kone, regardless of total actual volume (percentage) compared to estimated quontUies, 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: $ Z1/41 c1.7'0 . cyo TOTAL BID PRICE IN WORDS: ::00/- tU~dir^- b/m8f8em Ttiou-xmci Ahoe Hu d-li ^~ Signature: / Title: President Dobel/-/G-17 Signatuny: 71‘k-k-'3 Title: Secretary Date: i tt/ /l /11 /] B-2 82000-0016‘1919347v1.dv Richards,Watso &Gershozmo 425 QUESTIONNAIRE FORM Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's Name: Mariposa Landscapes, 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: 6232 Santos Dlaz St. Irwindale, CA 91702 (4) Telephone: (626) 960-0196 Facsimile: (626) 960-8477 (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: 592268 Original Date Issued: 04/19/1990 Expiration Date: 04/30/2018 (8) DIR Contractor Registration Number: 1000005079 (9) List the name and title of the person(s)who inspected the Project site for your firm: David Hall and Marvin Zamora (10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit(if any): David Hall (11) Number of years experience the company has as a contractor in construction work: 23 (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: Terry Norieqa, President 6232 Santos Diaz St. Irwindale,CA 91702 (626)960-0196 Antonio Valenzuela, Secretary 6232 Santos Diaz St. Irwindale,CA 91702 (626)960-0196 (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: N/A B-3 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 426 (14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: None (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: See attached litigated claims list b. Briefly summarize the parties' claims and defenses: Insurance claims only c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: See attached litigated claims list (16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. No B-4 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 427 (17) Has the company or any principal having an interesin 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 b. By the owner against you? Circle one: Yes No c. By any outside agenividual for labor compliance? Circle one: Yes ._.\Jo_D d. BvSubuon�oob�rs? Circleone� Yes ETD) ^ e. Are any of these cIaims ,.r actions unresolved or outstanding? Circle one: Yes No If your answer is"yes" to any part or parts of this question, explain. N/A (20) List the last three (3) projects you have worked on or are currently working on for the City of Moorpark: None B-5 82000-0016\1919347,1,uuc Richards,Watson&Gershon 2016 428 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 pejury under the laws of the State of California that the information provided above is true and correct. Notary Public Company Subacribedand ,14:Kr(,..„: / —� Signature: (1^^ � ^ Ct.,/ Title: President ' Signature: /' ~Y Date: I /—/ ��-1 / This . 20 /' / /[//�� Title/ �° Signature: 774.1-1+-1-' �`^ ^/c�^ - — zSignotuAe: Title: Secretary Date: 11 / / 1 / ' (SEAL) B-6 82000-0016 1919347"/.dox Richards,Watson&Gershon 2016 429 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On November 15,2017 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President/Treasurer who proved to me on the basis of satisfactory evidence to be the person(') whose name(o) is/ subscribed to the within instrument and acknowledgement to me that he/tl executed the same in his/litc-n l rr authorized capacity(ies), and that by his/hoz-*1 i?signature(&) on the instrument the personO, or the entity upon behalf of which the person($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. - -.........; J.CHO J Notary Public•Catilorata- _ WITNESS myhand and official seal. 3! Los Angeles County z �� Commission N 2174393 jot. (woo. (Notary Seal) X (/ --Signature of Notary Public • � �\ ADDITIONAL OPTIONAL INFORMATION • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nuts!contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgnrenr fonn must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a natal).in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefidly for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression tnust be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. ('riUc) • Signature of the notary public must thatch the signature on file with the office of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this 0 Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. 430 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On November 17, 2017 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Antonio Valenzuela, Secretary who proved to me on the basis of satisfactory evidence to be the person( whose name(w) is/an,-subscribed to the within instrument and acknowledgement to me that heAsile—gter executed the same in authorized capacity(ies), and that by his/h-c.thhciv signature( 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. J.co NOIlly Public-Caiitotnis WITNESS my hand and official seal. :14.2.... LOS MOWS Counly Commission 2174393 .**" M Cam Es'OS liOtt 30.2020 (Notary Seal) Signature of Notary Public • • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the nowt:),section or a separate acknowledgment font;must be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long cts the verbiage does not require the notary to do something that is illegal for a Immo'in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the Number of Pages document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the sante date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/the), is/fife)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. • Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seat if a O Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. El Partner(s) Additional information is not required but could help to ensure this O Attorney-in-Fact O acknowledgment is not misused or attached to a different document. Other •:* Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signor: If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO.Secretary). • Securely attach this document to the signed document. 431 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 Rancho Cucamonga High School Project Description New Auditorium building, Landscape and irrigation Approximate Construction Dates From: 03/2016 To: 07/2017 Agency Name: Chaffey Joint Union High School Contact Person: Michael Harrison Telephone: (909) 988-8511 x 2510 Address: 211 West Fifth St. Ontacrio California 91762 Original Contract Amount: $90,856.00 Final Contract Amount: $90,856.00 If final amount is different from original amount, please explain (change orders, extra work, etc.). N/A 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 Mt. San Antonio College Project Description Child Development Center, corrective measures, site improvements Approximate Construction Date From: 11/2015 To: 02/2016 Agency Name: Mount San Antonio College Contact Person: Zakiel Gallegos Telephone: (909) 274-4850 Address: 1100 N. Grand Avenue,Walnut, CA 91789 Original Contract Amount: $508,477.00 Final Contract Amount: $508,477.00 B-7 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 432 If final amount is different from original amount, please explain (change orders, extra work, etc.). N/A Did you or any Subcontractor, file any claims against the Agency? Circle one: YesNo 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 SCE Hamilton Substation Project Description Landscape Construction, hardscape, planting, irrigation Approximate Construction Dates From: 10/2014 To: 11/2015 Agency Name: Southern California Edison Contact Person: Dan Slider Telephone: (805) 654-7238 Address: 21202 Brookhurst Ave. Huntington Beach, CA 92646 Original Contract Amount: $216,730.00 Final Contract Amount: $216,730.00 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. B-8 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 433 Project 4 Name/Number NonmakHighOchoo| Baseball field Project Description Baseball field irrigation installation Approximate Construction Dates From: 102015 To 002010 Agency Name: Norwalk La Mirada Unified School District Contact Person: Cindy Jimenez Telephone: (562) 868-0431 Address: 12820 Pioneer Blvd. Norwalk, CA 90650 . Original Contract Amount: $41.3g3.OU Final Contract Amount: $41.383.60 If final amount is different from original amount, please explain (change orders, extra work, etc.). N/A Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes Q\loD Did the Agency file any claims against you? Circle one: Yes IClop If you answered yes to either of the above two quastionn, please explain and indicate outcome of claims. Project 5 Name/Number Chadwick Apartments Project Description Landscape Construction, hardscape, planting, irrigation Approximate Construction Dates From: 0/2014 To: 4/2017 Agency Name: Kennedy Wilson Contact Person: Ken Kuropatkin Telephone: (510) 5518552 Address: 209 South Westmoreland ave. Los Angeles, CA 80004 Original Contract Amount: $2.088.650.00 Final Contract Amount: S2.808.650.00 If final amount is different from original amount, please explain (change orders, extra work, etc.). N/A B-9 8200*001611919347v1.duu Richards,Watson&Gershon 2016 434 Did you or any Subcontractor, file any claims against the Agency? Circle one: YesNo 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 City of Montclair-Sunset Park Project Description Turf restoration project- Approximate Construction Dates From: 05/2017 To: Current Agency Name: City of Montclair Contact Person: Steve Stanton Telephone: (909) 625-9444 Address: 5111 Benito Street, Montclair, CA 91763 Original Contract Amount: $116,319.00 Final Contract Amount: $N/A If final amount is different from original amount, please explain (change orders, extra work, etc.). On going project 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. B-10 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 435 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 P 'act. Please see attached resume B-11 82000-001611919347v1.uoo Richards,Watson&Gershon 2016 436 A L A N D S A RESUME Rich Jensen Construction Superintendent (). (626) 960-0397 C. (626) 976-0726 F. (626) 960-3809 E. rich@mariposa-ca.com Rich Jensen will be the person in-charge responsible for project management, communication with foreman and primary contact with the City of Moorpark. He has over 30 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape Installation and maintenance work. With a vast experience in all aspects of construction Rich is responsible for all aspects of project management; emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk- troughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Certifications: o Qualified Applicator License: Category B o Certified Landscape Technician: Ornamental Maintenance R Turf Maintenance ~�p [4CONTRACTOR'S LIC w59zz6o^,C'z7,o-49 6232 Santos Diaz St., IRWINDALE,CA 91702 ~TEL 8000794°9458 °F^x 6250860"8477 www.mariposa'cazom 4 37 DESIGNATION OF SU [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 improvennent, or a Subcontractor licensed by the State of California who, under subcontract to the Contnmotor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and @pecificodonu, 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 highvvayn, including b,idgmo, 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. DI Name under which CSLBUconue Type of Work Percentage Contractor Address and Phone Subcontractor is Number(s)and (eg c�Tnt�|8id Registration Number � �' ' Licensed Class(es) Electrical) (e.g., 10%) Number and Registered 150 EasArrow Highway Right of Way Inc. 792675, C31 1000011115 San Dimas,CA 91773 Traffic Control tMof. The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). B-12 82000-0016n919347v1.doo Richards,Watson&Gershon'un10 438 INDUSTRIAL SAFETY RECORD FORM Bidder's Name Mariposa Landscapes, tnc Current Year of 2016 2015 2014 2013 2012 Total Record Number of 195 249 265 297 272 238 1.518 contracts Total dollar amount of contracts (in $14.30 $34.85 $34.56 $29.19 $26.39 $24.55 $103.05 thousands of dollars) Number of 0 0 O 0 0 0 0 fatalities Number uflost 1 4 4 1 4 4 18 workday cases Number of lost workday cases involving 0 24 29 10 4 4 71 permanent transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records. _~- � /l Signature: \ ( Signature� 7—��*i—^��^ `—~'��' Title: President / ` , Title: Secretary Date: / /--) C-17 Date: I | / / B-15 82000-00161/919347v1.doo Richards,Watson&Gershon 2016 439 • Bond No. BBSU BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("Public Agency"), has issued an invitation for Bids for the Work described as follows: Tierra Relada Road Tree Irrigation and Landscape Median Renovation WHEREAS Mariposa Landscapes, Inc. 6232 Santos Diaz Street, Irwindale, CA 91702 (Name and address of Bidder) ("Principal"), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids. NOW, THEREFORE, we, the undersigned Principal, and Hartford Fire Insurance Company One Pointe Drive, 6th Floor, Brea, CA 92821 (Name and address of Surety) ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of TEN PERCENT THE AMOUNT BID IN************************************.******************************************************************************** Dollars ($ 10%***********************R**************************************) 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. B-14 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 440 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: November 15,2017 "Principal" "Surety" Mariposa Landscapes, Inc. Hartford Fire Insurance Company h)By: 1tL yB ` R DD C. Attorney-In-Fact Its: PrcNd reakirer Its: By: ` \k/C..,`,l>Cir By: Its: c Its: baste- - 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. • B-15 82000-001611919347v1.doc Richards,Watson&Gershon-2016 441 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On November 15, 2017 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President/Treasurer who proved to me on the basis of satisfactory evidence to be the person( whose name(-) is/a, -subscribed to the within instrument and acknowledgement to me that he/-&"cher executed the same in his/kap/4416r- authorized capacity(ies), and that by his/ her signature(§) on the instrument the person($, or the entity upon behalf of which the person($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. ��f.T�, �� J.CHD ,..•. I AAM. + Notary Public-CaliforniaCaliliL WITNESS myhand and official seal. I' �, Los Angeles County = !, Commission 12174593 M Gomm.Ea ices Dec 30,2020 -%r (Notary Seal) ignature of Notary Public • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the nanny section or a separate acknowledgment fonn durst be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outride of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a nomry in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefidly for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, islase)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) impression must not cover text or lines. if seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office Critic) of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO.Secretary). • Securely attach this document to the signed document. 442 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On November 17,2017 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Antonio Valenzuela, Secretary who proved to me on the basis of satisfactory evidence to be the person(.) whose name(') is/am—subscribed to the within instrument and acknowledgement to me that he/�executed the same in his/h-er-hlr v authorized capacity(ies), and that by his/ham, signature(€.) on the instrument the personM, 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. J.CHO E ;Vi `, Notary Public-Calltornin WITNESS my hand and official seal. ¢ 'I: Los Angeles County ... Yf f Commission N 2174393 I- 144 4 Comm.Faecal Dec 30.2020 / (Notary Seal) Signature of Notary Public • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California ritual corunin verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment farm arrest be property completed and attached to drat document. The only exception is if a AGREEMENT SIGNATURE PAGE document i.r recorded outride of California. in such instanter,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefldlyfor proper notarial wording and attach this fonn if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/site/they,is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) impression must not cover text or lines. if seal impression smudges,re-seal if a O Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office ('t'inc) of the county clerk. 0 Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. 443 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 11RO cr/3a�a e�riay.�a�.v_:.aha.o a_s�. ..!scre e . ,!as!�a!e�a(�.<s�a a..�.7�n. T. •_wa c._aroma.c�•.a.:.4�•..aR a!�.�a a.aa a�aa.c a.i. a ateR.o:-_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On November 15, 2017 before me, Mary Smith, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ronald C.Wanglin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose name(ssj is/ae 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( }'on the instrument the person y, or the entity upon behalf of which the person(I4 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. • MARY SMITH WITNESS my hand and official seal. CC _• COMM. #2095391i ni!; ARS Huai c•CALiFonr,iAm LOS ANGCLES COUNT( 1 Signature ` • ✓ , Cer Err,ues .JA'J 28 2015 Signat ; of Notary Public 0v� P Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: - - Number of Pages: Signer(s) Other Than Named Above: _ `' Capacity(ies) Claimed by Signer(s) -- Signer's Name:__. Signer's Name: ❑Corporate Officer — Title(s): - I I Corporate Officer — Title(s): Li Partner — ❑ Limited ❑General--- LI Partner — I 1 Limited CI General ❑Individual Li Attar y1act LI Individual I I Attorney in Fact ❑Trustee = uardian or Conservator Li Trustee I.1 Guardian or Conservator ❑Other: El Other: Signer Is Representing: Signer Is Representing: L4�h'�:1'•%•'tV.'✓4'VGv.' 9��/.4vG�✓4`�4'J'V.V'V4�%"••/ti1S.J'V4 V.y,"V4"V4' ^'S/f`.%�."/..✓.4C✓.•'V:'V'�e%4V✓R�.4�J.4'✓4�.4vti�4<'�4V."VG. ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 444 1 i r• . • Direct Inquiries/Claims to: THE HARTFORD 1 POWER OF ATTORNEY OneHartford,Connecticut 6155 Bond.Claims(@_thehartford.com call:888-266-3488 or fax:860-757-5835 Agency Name: BOLTON & COMPANY KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-183250 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut 1 X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut, (hereinafter collectively referred to as the"Companies')do hereby make, constitute and appoint, up to the amount of Unlimited : Steven L. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C. Wanglin of PASADENA, California their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��}o�x'fit6t. oown- tilt[^ l Nom+. "Z4S s 11'x. �• '!�l wig 1967 • _ M1 .- • NW/ -._'S- 1_ j,kbi•1 �4.nr.... .:ran- -,- 19 'jtril 1D79`:�' +ter w.4 e::60—) 1:,..;,, ...,/,?. D .,^ :::::::.5. 20Y /4F y.7 9,1 9 �. • • •'`:.r.. RJ:�__'� �.�ae�sN% Ip•�•tY�l •'•�.yY /114^ 7 i /.".ZTy2w.42------ John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 11th day of January,2016, before me personally came M. Ross Fisher,to me known, who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. gym.er j t�1Y7fAMs 1 (7c )l i yi/Cc4 '7 6. Nora M.Stranko Notary Public CERTIFICATE My Commission Expires March 31,2018 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of November 15, 2017 Signed and sealed at the City of Hartford. '�trs, rw,. •+y .1§0% i.,- cri) .„:„......„), a Loon e44<::e.•��r�' T r1W .eC 1 4..rrrdv� •..r1N1► {r 1L7% C°irti . j . _ q �.1 Kevin Heckman,Assistant Vice President POA 2016 445 NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code Section 7106] In accordance with Public Contract Code Section 7106, the undersigned declares: I am the President of Mariposa Landscapes, Inc , the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, podnership, oonnpany, nanooiotion, 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 ooUuded, oonnpired, nonnixed, 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 indiract|y, sought by agneement, oomnounivation, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhamd, 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 therenf, or divulged information or data relative thereto, to any corporation, portne,ahip, compmny, association, nrganizadon. 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 cnrporodon, partnership, joint venture, limited liability company, limited liability partnmmhip, or any other entity, hereby represents that he or she has full power to exenuhe, and does execub», 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 iY | (�� |1 �� [do1a] at ^ ` ' i^ ^ ' Irwindale [city], California [state]. Signature: Signature: / Printed Name: Terry Noriega Printed Name:Antonio Valenzuela Date. / /—/ / ~7 Date: // / / 1 ) ( ] This form must be notarized. B48 82000o016\1919347,1.dv: Richards,Watson aGershon 2016 446 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles _ on November 15, 2017 before me, J. Cho, Notary Public y (Here insert name and title of the officer) Personally appeared Terry Noriega, President!Treasurer who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ate subscribed to the within instrument and acknowledgement to me that helB " .t executed the same in histkrhITeir authorized capacity(ies), and that by his/I ei=ftlxei'i signature() on the instrument the person(, or the entity upon behalf of which the person*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. . .f J�CNq WITNESS my hand and official seal. aauty Public-Catttamia j� � las kngeies Caunty •7'4,9 Commission r 2174393 Mt Comm.Eseetiss On 30,2020 /Signature- ' --.'---'(l o-fay ---Se3IT--of Notary Public * S I ADDITIONAL OPTIONAL INFORMATION • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form mast be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fora tnoraty in California(i.e.certifying the authorized capacity of the signer), Please check the (Title or description of attached document continued) document car-eJitlly for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name at it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,isiare)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (Title) of the county clerk. Cl Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. 447 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On November 17,2017 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Antonio Valenzuela, Secretary who proved to me on the basis of satisfactory evidence to be the person( whose name(a) is/ subscribed to the within instrument and acknowledgement to me that helthtr executed the same in his/h /hh r authorized capacity(ies), and that by his/heni*- e r signature(€) on the instrument the person(), or the entity upon behalf of which the person(;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. J.CNO l Homy Hibbs-California WITNESS m hand and official seal. 4� `'`s Los!mete:CouttY y CComommissiofres Oxc 309,2n x 217433 tl2ti fA m.Ex (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form mast be property completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. In.such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a docnnnent so long as the verbiage does not require the notary to do something that is illegal for a notary in California(ie.certifying the authorized capacity of the signer), Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. (Title) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Partner(s) Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. 448 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name: Mariposa Landscapes, Inc The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature 1 11/14/2017 ^} \ ( If there are more Addenda than there is room in the chart abnvo, attach another page acknowledging receipt of the Addenda. • B-17 82o00'0016l1919347v1.unc Richards,Watson aGershon'm/u 449 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: Mariposa Landscapes, Inc Title: President Date: 1 (-- 1 B-18 82000-001611919347v1.doc Richards,Watson&Gershon-2016 450 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: Terry Noriega (k,u_c 04 Title: President/Treasurer Date: B-19 82000-001611919347v1.doc Richards,Watson&Gershon-2016 451 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: l V Date: / ( �� Printed Name:Terry Noriega Company:Mariposa Landscapes, Inc Title:President/Treasurer B-20 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 452 CHECKLIST FOR BIDDERS The following information is required of all Bidders at the time of Bid submission: X Completed and Signed Bid Cover Form X Completed and Signed Bid Sheets X Completed, Signed and Notarized Questionnaire X Completed References Form X Resume of General Construction Superintendent/On-Site Construction Manager X Completed Subcontractor Designation Form X Completed and Signed Industrial Safety Record Form X Completed, Signed and Notarized Bid Bond or Other Security Form X Signed and Notarized Noncollusion Declaration Form X Completed and Signed Addenda Acknowledgement Form X Signed Environmental, Health and Safety Standards Compliance Form X Signed Workers' Compensation Insurance Certificate X Completed and Signed Agreement to Comply with California Labor Law Requirements Form X 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. 1-5 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 453 Exhibit D p�K CA�i O PP /0":1'; . L! 11011 ,1)1j ORS TEp 3 CITY OF MOORPARK CONTRACT DOCUMENTS FOR TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION IDENTIFICATION NO. P&R - 2017-3R 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 454 TABLE OF CONTENTS Page NOTICE INVITING BIDS NC-1 INSTRUCTIONS TO BIDDERS 1-1 CHECKLIST FOR BIDDERS 1-5 BID B-1 SAMPLE CONTRACT B-21 INSURANCE REQUIREMENTS B-30 SAMPLE INSURANCE FORMS B-38 PAYMENT BOND (LABOR AND MATERIALS) B-44 PERFORMANCE BOND B-46 CHECKLIST FOR EXECUTION OF CONTRACT B-49 GENERAL PROVISIONS GP-1 SECTION 0. GENERAL PROVISIONS DEFINED GP-1 SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS GP-1 SECTION 2. SCOPE AND CONTROL OF THE WORK GP-2 SECTION 3. CHANGES IN WORK GP-5 SECTION 4. CONTROL OF MATERIALS GP-5 SECTION 5 UTILITIES GP-6 SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK GP-9 SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR GP-13 SECTION 8. FACILITIES FOR AGENCY PERSONNEL GP-21 SECTION 9. MEASUREMENT AND PAYMENT GP-21 SECTION 10. ADDITIONAL TERMS GP-25 -1- Richards,Watson&Gershon-2015 82000-0016\1800815v4 doc 455 TABLE OF CONTENTS Page APPENDIX I: SCOPE OF WORK I APPENDIX II: LANDSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR TIERRA REJADA STREET TREE DRIP RING IRRIGATION FOR EXISTING TREES II APPENDIX III: TIERRA REJADA ROAD LANDSCAPE MEDIAN RENOVATION AREA MAP III APPENDIX IV: STANDARD ENCROACHMENT PERMIT CONDITIONS IV APPENDIX V: STORMWATER POLLUTION CONTROL PLAN V APPENDIX VI: STAGING AREA VI APPENDIX VII: CITY HOLIDAYS VII -II Richards,Watson&Gershon-2015 82000-0016\1800815v4.d oc 456 NOTICE INVITING BIDS FOR Tierra Rejada Road Tree Irrigation and Landscape Median Renovation Re-Bid [the "Project"] Identification number: P&R—2017-3R 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 10:00 a.m. on the 17th day of November, 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. A mandatory pre-bid meeting will be held on Wednesday, November 1, 2017 at 9:30 a.m. at Tierra Rejada Park (Mountain Meadow Drive parking lot located at southwest corner of Mountain Meadow Drive and Tierra Rejada Road). Every Bidder is required to attend the pre-bid meeting. Failure of a Bidder to attend will render that Bidder's Bid non-responsive. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project 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 C-27 Contractor's license issued by the California State Contractors License Board at the time of the Bid submission. Additionally, each NC-1 Richards,Watson&Gershon-2016 82000-001611800815v4.d o c 457 Bidder must have possessed a valid Class C-27 Contractor's license continuously for the prior five (5) years. The successful Contractor must also possess a current City business license. RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor's expense. No such substitutions shall be accepted until all related documents are approved by the City. TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than five (5) Days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $250 for each Day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents. BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. The Plans, Contract documents and Specifications will be available for public inspection as follows: City of Moorpark Ventura County Contractor's Association www.moorparkca.gov 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 TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION — 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, Chris Ball, Management Analyst by e-mail at cball(a�moorparkca.gov NC-2 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 458 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 ay 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. I-1 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 459 DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose. In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the "extended amount" column, then the amount set forth in the "extended amount" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "extended amount" column shall be the unit price. (2) As to unit price items, the amount set forth in the "extended amount" column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price. In case of discrepancy between words and figures, the words shall prevail. COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors. BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and • waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law. DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected. 1-2 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 460 RETURN OF BID SECURITY. The successful Bidder's Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder has signed the Contract. AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within sixty (60) Days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid. ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined as follows: The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). Contractor shall self-perform not less than fifty percent (50%) of the Work, as determined by the percentage of Work to be performed by listed Subcontractors. EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder's security. In such event, the City may declare the Bidder's security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids. SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom. INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor's faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their use at the time of Bid submission. INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the City a written request for an interpretation or correction not later than 96 hours prior to the Bid submission deadline. Requests for clarification received after the 96 hour deadline will be disregarded. Please indicate the Project and identification number in the request for clarification. Telephonic 1-3 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 461 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. 1-4 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 462 PAGES 15-B20 ARE THE SAME AS EXHIBIT C, CONTRACTOR'S BID PROPOSAL, AND HAVE BEEN REMOVED SO AS NOT TO BE DUPLICITOUS. 463 SAMPLE CONTRACT AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION 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 Tierra Rejada Road tree irrigation and landscape median renovation; 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 execution until completion of the work identified in the Scope of Services and in conformance with Exhibit , unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to Tierra Rejada Road tree irrigation and landscape median renovation, as set forth in Exhibit : Contractor's Bid Proposal, dated , which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal" and as set forth in Exhibit , which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers' Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit . Where said Scope of Services as set forth in Exhibit is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit and Exhibit Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit B-21 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 464 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit . Compensation shall not exceed the rates or total value of XXXXXX dollars ($XXXXXX) as stated in Exhibit , without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be [CONTRACTOR'S DESIGNEE], and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit_, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed XXXXXX dollars ($XXXXXX)for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent(10%) of the amount of the Agreement. B-22 82000-001611919347v1.doc Richards,Watson&Gershon-2016 465 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. 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) B-23 82000-001611919347v1.doc Richards,Watson&Gershon-2016 466 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 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. B-24 82000-001611919347v1.doc Richards,Watson&Gershon-2016 467 Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit 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. B-25 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 468 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 , 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 B-26 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 469 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. 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. B-27 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 470 7O 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 inbyrpretoton, enforcement or other action of the tarrno, condiUono, or covenants referred to herein shall be filed in the applicable court in Ventura Cnunty, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, ob|igaUons, 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 agreernents, unUenotondings, napreomntoUons, and stotennents, oral or vvritten, 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 a|| 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 annendnnent, 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. ConsequenUy. 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 Propome|. Exhibit attached hereto and incorporated herein by this reference as though set forth in full. In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. B-28 e2000'0016\19193*7v1uoo Richards,Watsonou�ovn ao�n 471 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 • B-29 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 7 2 EXHIBIT INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. Business Auto Coverage Business Auto -Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on B-30 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 473 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. B-31 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 474 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 B-32 82000-001611919347v1.doc Richards,Watson&Gershon-2016 475 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 B-33 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 7 6 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. B-34 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 477 EXHIBIT 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 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-35 82000-001611919347v1.doc Richards,Watson&Gershon-2016 4 7 8 (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. (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 B-36 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 479 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.) • • B-37 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 8 0 I SAMPLE INSURANCE FORMS ACS RD CERTIFICATE OF LIABILITY INSURANCE DATE(MMI°O/YYYV) • I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES • BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED i REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed- If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ' NAME PHONE FAX '. IAIC.-14G_0a5: (A/C Nol' E-MAIL -- ADDRESS: INSURERS)AFFORDING COVERAGE I NAIC I INSURER A INSURED INSURER 8: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL'SUBR 4704; POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WW POLICY NUMBER lMM1DOIYYVYI (MMDDIYYYV) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1 DAMAGE TO RENTED CLAIMS-MADE .OCCURI PBEMISES_(EA_ouxunmceL_ S MED EXP(Myope person) S I PERSONAL&ADV INJURY 5 GENL AGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE S _ POLICY 7 jC-CT I LOC PRODUCTS-COMP/OP AGG S _ -- OTHER_ 1 15 I AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ {Ea accident) ANY AUTO BODILY INJURY(Per person) S ALL OWNED • SCHEDULED BODILY INJURY P AUTOS AUTOS• (era¢idenq 5 HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) 5 5 J UMBRELLA LAB I OCCUR -EACH OCCURRENCE 5 EXCESS LAB I CLAIMS-MADE • AGGREGATE 5 DED I RETENTIONS 5 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LABILITY YIN '' I STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE ,, E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? NIA', _ - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S Il yes,describe under - DESCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY UMT r S 1 DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) Add:"The City of Moorpark,its officers,officials,employees,agents are named as additional insured per forms CG 20 10 04 13 and CG 20 37 04 13" • Attachments: Additional Insured Endorsement(Ongoing Operations) Additional Insured Endorsement(Completed Operations) Primary,Non-contributory Endorsement Waiver of Subrogation CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights'reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD B-38 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 8 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CC 20 10 04 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury"or damage" or "personal and advertising injury" 'property damage"occurring after caused, in whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed:or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 2 B-39 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 482 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations, Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement,the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement,or • Page 2 of 2 ©Insurance Services Office, Inc,2012 CG 2010 0413 B-40 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 483 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) I I Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to B_ With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part,by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement,or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 B-41 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 8 4 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 0413 ©Insurance Services Office, Inc,2012 Page 1 of 1 B-42 82000-001611919347v1.doc Richards,Watson&Gershon-2016 4 8 5 POLICY NUMBER' COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work"done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. • CO 24 04 05 09 ID Insurance Services Office, Inc,2008 Page 1 of 1 O B-43 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 8 6 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: TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION (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 tc, 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. B-44 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 487 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 attomey-in-facf 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. B-45 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 488 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: TIERRA REJADA ROAD TREE IRRIGATION AND LANDSCAPE MEDIAN RENOVATION (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 B-46 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 489 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 instrunnent, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 8upety, on the date set forth be|ow, 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, a//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. B-47 820000016\1e1e347,1uov Richards,Watson&Gershon 2016 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#: B-48 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 4 91 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), naming the City as a co-insured Automobile insurance certificate in the amount of one million dollars ($1,000,000), naming the City as a co-insured General aggregate insurance certificate in the amount of two million dollars ($2,000,000), naming the City as a co-insured Additional insured endorsement (ongoing and completed operations) — cornprehensive general liability Additional insured endorsement—automobile liability Additional insured endorsement—excess liability (if applicable) Copy of City business license B-49 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 492 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. GP-1 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 493 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. GP-2 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 494 2-4 CONTRACT BONDS The Faithful Performance Bond shall remain in force until one year after the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from date of recordation of Notice of Completion by the County Recorder, in the amount of one hundred percent (100%) of the Contract Price. In lieu of the warranty or maintenance Bond, Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. Other than the details listed herein, the warranty or maintenance Bond shall adhere to the requirements for Bonds in Section 2-4 of the Standard Specifications. Nothing herein shall abridge or amend Section 6-8.3 of the Standard Specifications or the related provisions in these Contract Documents. All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General In addition to the requirements under Section 2-5.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the City. Final payment will not be made until this requirement is met. Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 2-5.2 Precedence of the Contract Documents With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows: 1. Permits issued by regulatory agencies with jurisdiction. 2. Change Orders and Supplemental Agreements, whichever occurs last. GP-3 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 495 3. Contract/Agreement. 4. Addenda. 5. Notice Inviting Bids. 6. Instructions to Bidders. 7. Bid/Proposal. 8. General Provisions. S. Special Provisions. 10. Plans. 11. Standard Plans. 12. Standard Specifications. 13. Reference Sons. 2-7 SUBSURFACE DATA If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be padbrmad, 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 oxist, 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, the City, their agonto, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any |nveaUgaUons, 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 beomdofiedofthe conditions tobeencountered )nthe performance ofthe Work. The Contractor represents that it has studied the P|ans. Specifications and other Contract Ducunnents, and all surveys and investigation reports of subsurface and latent physical conditiono, 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 Ooounmentm, 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. GP-4 820000016n9193*7v1 ono Richards,Watson&Gershon 2016 496 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 Engineer, 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 GP-5 82000-001611919347v1.doc Richards,Watson&Gershon-2016 497 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 i 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. GP-6 82000-001611919347v1.doc Richards,Watson&Gershon-2016 498 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. GP-7 82000-0016\1919347v1.doc Richards,Watson&Gershon-2015 499 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: GP-8 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 500 OO CITY ENGINEER TIME WARNER (805)517-6255 (888)892-2253 TRAFFIC ENGINEER AT&T (805)517-6285 (800)310-2355 CITY POLICE DEPARTMENT UNDERGROUND SERVICE ALERT (805)532-2700 1-800-422-4133 CALIFORNIA HIGHWAY PATROL UNION PACIFIC RAILROAD CO. (805)553-0800 (800)336-9193 MOORPARK TRANSIT DIVISION MOORPARK UNIFIED SCHOOL DIST. (805)517-6257 (805)378-6300 VENTURA COUNTY WATERWORKS VENTURA COUNTY FIRE PROTECTION DISTRICT DISTRICT NO. 1 (805)389-9710 (805)378-3000 U.S.POST OFFICE CALLEGUAS MUNICIPAL WATER (805)529-3596 DISTRICT (805)526-9323 WASTE MGMT/GI RUBBISH (805)522-9400 SO.CALIFORNIA EDISON COMPANY (800)655-4555 ANDERSON RUBBISH (805)526-1919 THE GAS COMPANY (800)427-2200 CALTRANS (805)653-2584 MED TRANS AMBULANCE (805)495-4668 SUNESYS California Sales/Operations (951)278-0400 SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule In addition to the construction schedule required pursuant to Section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress • payments shall be contingent upon the receipt of monthly updated construction schedules. 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 GP-9 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 501 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. 10) Use of Project site, office and storage areas, security, housekeeping, and the City's needs. 11) Major equipment deliveries and priorities. GP-10 82000-001611919347v1.doc Richards,Watson&Gershon-2016 502 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 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 GP-11 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 503 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 e 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 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. GP-12 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 504 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 mancee oof the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. 6-9 LIQUIDATED DAMAGES For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the City, and the City has certified such completion in accordance with Section 6-8.1 of the Standard Specifications. SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following: The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor's indemnity obligations contained in the Contract. The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-10. The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced with the following: GP-13 82000-001611919347v1.doc Richards,Watson&Gershon-2016 505 Construction materials and equipment shall not be stored in Streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the City. The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following: The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor's or the Subcontractors' operations or as required by the Plans and Specifications. The last paragraph of Subsection 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid. Section 7-12 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following: The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment. Otherwise, the provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications. 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES Noise levels shall be limited to a reasonable level, and shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 7-2 LABOR 7-2.2.1 Public Work The Contractor acknowledges that the Project is a "public work" as defined in Labor Code Section 1720 et seq. ("Chapter 1"), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein. GP-14 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 506 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 1775tJv1ll,Grl ling the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor. 7-2.2.5 Apprentices The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 7-2.2.6 Debarment or Suspension The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City. 7-2.3 Payroll Records The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and GP-15 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 507 0.7 (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. 7-2.4 Hours of Labor The Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(1-1/2) times the basic rate of pay. 7-2.5 Registration with the DIR In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 7-2.6 Compliance Monitoring and Posting Job Sites This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 7-2.7 Subcontractors For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 7-2.9 Prevailing Wage Indemnity To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor's expense with counsel reasonably acceptable to the City) the City, its GP-16 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 508 officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 7-2 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of the Contractor under this Section 7-2.9 shall survive expiration or termination of the Contract. 7-3 LIABILITY INSURANCE The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 7-3 of the Standard Specifications, as modified below. 7-3.1.1 Additional insureds The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 7-3.1.2 No Limitation on Indemnity The insurance provisions shall not be construed to limit the Contractor's indemnity obligations contained in these Contract Documents. 7-3.1.3 Replacement Insurance The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements. 7-3.1.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. Endorsements may be executed on standard Insurance Services Office (ISO) forms, samples of which are provided in the Contract Documents, or on any other forms that meet the City's insurance requirements and are approved by the City. In any case, the endorsements must specifically name the City of Moorpark and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of GP-17 82000-001611919347v1.doc Richards,Watson&Gershon-2016 509 this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 7-3.1.5 Subcontractors The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor's insurance. 7-4 INDEMNIFICATION The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the Standard Specifications. 7-4.1 Contractor's Duty To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error.or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees. 7-4.2 Civil Code Exception Nothing in this Section 7-4 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. GP-18 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 510 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, as well as all other permits required from all other agencies. Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all cost for fees for all agencies except for the City's permit fees. 7-7 COOPERATION AND COLLATERAL WORK The Contractor shall be responsible for coordinating all Work with the City's street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies' crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 7-8 WORKSITE MAINTENANCE Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the City, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price. GP-19 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 511 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. 7-10 SAFETY The provisions below shall supplement but not replace those provisions in Subsection 7-10 of the Standard Specifications. 7-10.2 Haul routes Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows: The Contractor must obtain the City Engineer's approval before using any haul routes. Further detail requirements for haul traffic are delineated in the Special Provisions. • 7-10.5.3 Steel Plate Covers The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers. GP-20 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 512 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 pject 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 Dispoao|, 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 805'517-6257 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. SECTION B. 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; hovvever. City pensonnel 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 te>ephnna, desk and sanitary facilities provided by the Contractor for its own personnel. SECTION 9. MEASUREMENT AND PAYMENT The provisions below shall supplemen 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 |abur, equipment, mobsria|s, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the City. GP-21 820000016119193471.0oo Richards,Watsonuoe,xhvn 2016 513 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 procticob|e, 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. Hnvvovmr, at any time after fifty percent (5096) of the Work has been completed, if the City Counnil finds that satisfactory progress is being nnadm, it may, at its disnretion, 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 Comp|et|on, or recordation of a notice of completion or massoUon, but not longer then the period permitted by Public Contract Code Section 7107. 9-3.2.4 Final Invoice and Payment Whenever the Contractor shall have completely performed the Contract in the opinion of the City, the City shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the City a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City shall check the quantities included therein and shall authorize a payment amount, which in the City's opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents ("Final Payment Amount"). The City shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the GP-22 82000'001e1919347v1iuvo Richards,Watson&Gershon 2016 5}4 Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 9-3.2.5 Substitute Security In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor's expense. If the Contractor selects either one of these alternatives, the following shall control. 9-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor's expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned • on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to GP-23 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 515 receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor. 9-3.2.5.3 Subcontractor Entitlement to Interest If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor. 9-3.2.5.4 Securities Eligible for Investment Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. 9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 9-4 AUDIT The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 9-4 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its GP-24 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 516 Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions. SECTION 10. ADDITIONAL TERMS 10-1 NONDISCRIMINATORY EMPLOYMENT The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 10-2 NOTICE TO PROCEED Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor's own risk and responsibility, and as a consequence will be subject to rejection. 10-3 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the final acceptance of the Work by the City as defined in Section 6-8.2 of the General Provisions, by written action of the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. 10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid. 10-5 REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. GP-25 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 5 1 7 10-6 SOILS ENGINEERING AND TESTING A certified materials testing firm may be retained by the City to perform materials tests during the Contractor's entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. 10-7 ACCESS TO PRIVATE PROPERTY Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 10-8 WORKING DAYS AND HOURS The Contractor shall do all Work between the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday. No Work will be allowed on Saturday, Sunday or City holidays, which are as follows: (see Appendix III). In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours' notice to the City so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code Section 20104 et seq. (Article 1.5) regarding the resolution of public works claims of three hundred seventy-five thousand dollars ($375,000) or less. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor GP-26 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 5518 must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Article 1.5, and must then adhere to Article 1.5. 10-10 THIRD PARTY CLAIMS The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 10-11 COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 10-12 CONTRACTOR'S REPRESENTATIONS By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor's actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 10-13 CONFLICTS OF INTEREST The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the General Provisions that is or may likely make the Contractor"financially interested," as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 10-14 APPLICABLE LAW " The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to the Contract shall be in the Ventura County Superior Court. 10-15 TIME Time is of the essence in these Contract Documents. GP-27 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 519 10-16 INDEPENDENT CONTRACTOR The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 10-17 CONSTRUCTION In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. 10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 10-19 TERM The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 10-20 NOTICE Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City's regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage GP-28 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 520 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. GP-29 82000-001611919347v1.doc Richards,Watson&Gershon-201655 21 APPENDIX I Scope of Work Tierra Rejada Road Tree Irrigation and Landscape Median Renovation Moorpark, California This is intended to be a general scope of work for the project. The scope of work does not supersede information on the plans and drawings for the project. Any conflict between this scope of work, the plans, drawings, or other contract documents, those other documents will supersede this scope of work. 1. Provide all labor and materials, appliances, tools, equipment, facilities, transportation and services necessary for and incidental to performing all operations and improvements related to demolition, construction, and irrigation as detailed in the Landscape Architectural Construction Documents for Tierra Rejada Street Tree Drip Ring Irrigation for Existing Trees, incorporated herein as Appendix II 2. Provide all labor and materials, appliances, tools, equipment, facilities, transportation and services necessary for and incidental to performing the following landscape renovation activities within the median islands on Tierra Rejada Road between Courtney Land and Spring Road, with the exception of the improved median area that begins at Mountain Meadows Drive and extends east approximately 700 linear feet (see attached Median Renovation Area Map —Appendix III). 2.1. Remove all groundcover and plant material down to bare soil. No roots, thatch or build up to remain. All trees shall be protected in place. Exposed roots of trees that are over 1" in diameter shall be inspected by City to determine if cutting is desired. If cutting is approved, roots shall be cut cleanly with clean, sharp pruning tools and not ripped. Plant material and miscellaneous soil and debris shall be removed 2" below finish surface of the adjacent curb. The median island finish grade shall transition to the centerline of the median island at a grade not to exceed 1:20 and not less than 1:50, except at existing tree locations. Contractor shall fine grade around existing trees to satisfaction of City. The grade shall transition smoothly and shall be raked clean. Contractor shall hand dig within the drip lines of all trees. Existing irrigation lines shall be protected for modification (see Item 2.2 below) and future use. All miscellaneous debris, including leaf litter, branches, rocks, etc. shall be removed from the site. 2.2. Remove existing irrigation spray heads and associated equipment (such as swing joints and merlex `L's') and cap with a schedule 40 threaded plug with pvc tape. The spray heads adjacent to either side of each tree (2 total per tree) will remain and the spray nozzles replaced with Toro Precision nozzles 12ft quarter radius or equivalent. Contractor shall provide a submittal for the irrigation equipment to the City and shall obtain written approval prior to installation. Appendix I 82000-0016\1919347v1.doc Richards,Watson&Gershon-201655 2 2 2.3. Install bark mulch to a depth of 2". The mulch shall be provided by the contractor. Bark mulch shall be Peach Hill Soils Forest Mulch or equivalent. Contractor shall provide a submittal for the bark mulch to the City and shall obtain written approval prior to installation. 2.4. Estimated Quantities: The following quantities are estimated for bidding purposes only for renovation activities within the median islands on Tierra Rejada Road between Courtney Land and Spring Road, with the exception of the improved median area that begins at Mountain Meadows Drive and extends east approximately 700 linear feet. Contractor is responsible for field verifying quantities prior to submitting bids. Bid cost to include all labor, materials, taxes, overhead and other costs, as applicable. Groundcover Removal = 100,000 sq. ft. 2" Depth Bark Mulch = 100,000 sq. ft. Sprinkler Head Capping = 1,550 heads Sprinkler Head Retrofit = 250 heads 3. Contractor shall complete all Work under the Contract within sixty (60) Working Days from the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Contractor shall do all Work, including placement and removal of traffic control, between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday. No Work will be allowed on Saturday, Sunday or City holidays. 4. All removed materials shall become the Contractor's property and shall be removed and disposed of legally off-site. All groundcover removal activities shall be in accordance with City's construction and demolition ordinance (see General Provisions Sec. 7-15.1). 5. Contractor shall procure a no-fee encroachment permit for any lane closures on Tierra Rejada Road required to facilitate the work (see Standard Encroachment Permit Conditions - Appendix IV). Traffic control is not to be placed before 9:00 a.m., and must be removed no later than 3:00 p.m. each day. The extent of traffic control may be limited to the area of work to be performed each day. A phased traffic control plan, wet stamped and signed by a California registered Civil Engineer, will be required. Traffic control must conform to the California Manual on Uniform Control Devices (M.U.T.C.D.). All costs for traffic control plans to be borne by the contractor. For more information regarding lane closure requirements and obtaining the encroachment permit contact the Public Works Department at (805) 517-6255. 6. It is Contractor's responsibility to comply with all applicable storm water and urban runoff permits, regulations, codes or laws. Contractor will be responsible for implementing a Stormwater Pollution Prevention Plan (SWPPP) and completing and maintaining all supporting documentation, as detailed in Appendix V. If there are Appendix I 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 5 2 3 questions, Contractor may contact the NPDES Coordinator in the Public Works Department at (805) 517-6257. 7. Limited space (approximately 1300 sq. ft.) will be made available for staging equipment in a parking lot at Peach Hill Park, located at 13200 Peach Hill Road (see Appendix VI). The staging area must remain fenced at all times. No obstruction to parking lot traffic flow will be allowed. Storage of equipment, supplies and materials at any other location shall only be allowed with prior written approval from the City. Contractor agrees to assume full responsibility for loss, theft, damage to its equipment, supplies and any injury that may arise to any person resulting from the use of designated City property for storage. Contractor also assumes full responsibility for any and all damage to City property as a result of any Contractor owned property stored on City property, whether storage is temporary or permanent. Contractor acknowledges that the Indemnification in the Agreement document applies to such storage. 8. Contractor will provide a competent English-speaking Superintendent to oversee the complete project. The Superintendent shall be present at all times work is being performed. The Superintendent shall have the authority to bind Contractor through Superintendents acts. The Superintendent shall represent the Contractor; communications given to the Superintendent shall be binding on the Contractor. 9. Contractor shall repair at his own expense, any damage, whether inside or outside of the project limits, to utility systems, surface pavements, fixtures, structures, or vegetation that is not specifically indicated to be removed. All damaged items shall be repaired to their original condition, as acceptable to the City. 10.Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in the performance of this contract and shall be responsible for the protection of the work site and storage site until final acceptance by the City. 11.Contractor shall take all necessary precautions for the safety of workers on the project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed and to provide a safe and healthful place of employment. Appendix I 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 5 2 4 APPENDIX II LANDSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR TIERRA REJADA STREET TREE DRIP RING IRRIGATION FOR EXISTING TREES Appendix II 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 525 ARCHITERRA DESIGN GROUP LANDSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR TIERRA REJADA STREET TREE DRIP RING IRRIGATION FOR EXISTING TREES CITY OF MOORPARK Avner Son ^.• NO. SHEET TITLE KEYMAP:ak µ: elenata Har.ME Header��.°canoe* Horizontal D. DPN., 1 T-1 TITLE SHEET H.R... VAIding ^,. 2 L-1.1 RRIGATION PLAN 1 ote SEEBHEET841.ITHR08GH1.{ TopoeSerm m,,,,Invn 3 L-1.2 RRIGATION PLAN 2 m* FOR CORRESPONDING IR000 „NTam Textural. 4 L-1.3 RRIGATION PLAN 3 PLANS AND AND SHEET Li.t FORCubic Fool Landscape T.O.D. Top olOrav Orson ;'arw„l,/ oEwLs. Cele Yon L. Lloansea TM. 5 L-1.4 RRIGATION PLAN 4 L-1.5 RRIGATION PLAN 5 /f�` leseAna RV Top or Svos 6 C.Jo. Max. Maaimm L-1.6 RRIGATION PLAN 6'�F. "' Min S L-2.1 RRIGATION DETAILS I *� ,ao9 L-3.1 RRIGATION SPECIFICATIONS "F RI War.Wear ever .w`M„� I:FF . Dimmer POE. PeFL.C.V..c.v.* k ABRILEVIATIONS MAY SE SHOWN AS Can, ...lan ERE. Pant&Reverse EITHER UPPERCASE ANOKA LOVARCASF ON PLANS.ARO WITH OR WITHOUT R. Each P.O.0 NOBel Canna.CB. DOM Peeve. . PERIODS. Em‘, EN.Ic Peon.Per Spume In. B. 10 SHOW WAND,.IN THESE P.1ATOTIe00DOCUMENTS THE CONVENTION OF. SHOVING THE MJIABER IN PARENTHESIS Equal R. Radius IS USED.EXAMPLE•IVA THE 21.= 1.1 EZIM1111111111.11 RECPRPROJECT Eoeourp0ARY DEIN.ETE°HEREON,LS CONRAD FROM RECORD DATA o,nv,AND DOES NM CONSTRIF A BOUNDARY SURVEYOR RECORD OF SURVEY.ENTS ARE REFRENCED AS FIELD TIES OM, E.W.M. enwnwen CanastaPx• SHOWN AS 121 Toru. ]°"s MAY BE ERRORS AND 08IMI881• ENV.Walo Bt. NR Exc--R. CITY OCI MOORPARK EVI.Oa. Rau. SIGN Esc” PARKS AND RECREATION Rouse Sem ]POEEwim D"EE aiigESULLING 799 MOORPARK AVENUE FM. EOM1TINIISi una�STANDARDS iA""D FlowLInt °. ,a TEL VD,SITVISSA IRPoWIIDNWATER,wpuF°iom88000Towuwca SlPu030909mRUFTOY FROMOEMATC.MIVITERRA DESIGN GROUP IS HOT RESFONSIBLE FOR DIE AMOUNT OR^'Fwwc.DF PARKS MO RECREATION DIRECTOR Pedvead MW ANN SurlaE.. ScheaLle FIE Foe, Spume Fool /- � w.M M°°RPARK m ,; Similar q���" µo=pp�wol�.aD,]13089 im9FDRx�DFD0INTERSECTIONDF� RIDw9EDDN 9900DRDNATF9.930001 RM19GR3070BEING ME.9�]pFA9 �Na., AL. VE FT a.L eWmvem Rm Spac SOUTHERLY FROM THERE.TNF TOP OF A CONCRETE CURB REFERENCED TONLE CENTER LINE a SECOND STREET PER VISTA VERDE TRACT NO.3 INMRIH RECORDED IN ®_ cpx. auwu vn ra. Space. spewnunme FLU MEV,,NAV3,NS PROJECT BENCHMARK(TRA MOST IORNER,PONT OF A S.M.INFEEI THE COWED OF VENTURA. M.. 'PIP!.Plillii WESTEMA FROM THE INTERSECTION OF SECOND STREET AND BARD OF SFCOIO STREET AND NC ALLEY EASEMENT,TBI ELF/S,1,1 N.RN STREE.LOCATED AT THE INTERSECTION • CEOTUPAccuxnwarEP00000 DISTRInxO.I9OVFR.9]e]sµq Reel Wap.AG NDi,vx.IINI31100 AL.000NI]ICI.Rave, ARCHITERRA DESIGN GROC1Pf_INC. ...+� PROJECT © VENTURA 009NTrvuTFRwORx9DISTRICT NO.1 WATER RTO Sp",Roe Wove,,G 00185(N0)073-NN 00000°SURN"TOL LANDSCAPE ARCHITECTURE t LOCATION GO DEGAS COMPANY GAS.FARM 935 cxnNEwTN.G 1111>2330 PH I00011174.0 SUBMITTAL_ THIRD SITE PLANNING 0 FOURTH SUBMITTAL. 10221.4 TRADEMARK STREET ti PACTELEPHONE 211P ROOM 055MVNLEv.OA E0901ws,sSUNp RANCHO CUCAMONGA,CALIFORNIA 91730 i:i` x•a11:111111111..11111.11111 TEL.:(909)484-2800 FAX:(909)48-2002 - SOUTNERNGLIFORNN EDISON REEVE.ISIS FOOTIR0 DR THOUSAND CARS G 3035 PH 2129,NA7DN CONTACT,RYAN SKOLNY CABLE UNETV.E5 EASY ST..LINTE MULL..MAINS PH.VOSFSO.7053 /"IB A A EMAIL:RSKOLNY®ARCHITERRADESIGNGROUP.COM D TIME WARNER A FLUS.CALVE IVST0017/17 DETAIL 0ATIONwP'N. n ADO JOB 818084:8.2 _ DEMO AN PARIS REfAEATION AND COMIIUHITY SEANCES CRANK ` BAM4 .,..en L. OO CITY OF TIERRA REJADA STREETSCAPE SHEET 1 f24 ' -"` DE GNARCHI ERRA °""""a ���'' TREE DRIP RING SYSTEM • � BARN PARK AIO MOrtATCN➢RECt81 OA2 'LF+�*F/� MOORPARK VK- ho . w'uJT. G dt9�� i MOORPARK,CA a K.7.: -A i'° JR NGMEERING RENEMJI AN -�VJQY PARKS RECREATION wNSTOEX"VE 0 ST • -'o-.L0_ .!� u;.e. A R°ED 9 G♦ AND PRO<GT No. TITLE SHEET oRAMNG NO. "NEA"E"' DFa<A.,,NN DF.E.NIW ION+'• "^D °"," A. ` '""" ' 0DO BOSOM.DAwD RLmaE ROE ssTSZ DAR COMMUNITY SERVICES T-1 co N al IRRIGATION NOTES: IRRIGATION LEGEND: I. Tw VISTFN Y MFOMMMRL Kt.MK.VNN FTc.V.VO.PAA0 AP...Fu000NcoaRunu wY NO SHNI Ba.TILED WPIAMWNEA4 WEREvwlwevaE. DRIP AND EMITTERS: i 00 r4,1NIURA.I.V INST.TK VAMP SYSTE41A644C4CATFO MINE LIRAM481.1.14ff III Of0.10U61111,F RED MAT L44(l40.OFIErro.110.1C4R ORME OFFFP0.815:461AND 54.0 LE MM. VIM.o.wrenaNrmaRao EwEawIARUE.WP.MaE ERAT IHNMaRUIwx Ifo 1-101.PEnFORAED..RE conwcru MeV MS.PAL ROMEO.,r01,MASONS NUM., TO °E SYMBOL MANGE. MORALE DESCRIPTION GPM RADIUS FBI DETAIL REFERENCE z caalR«Ra+NEF caxc«xwrn wulSr Ownlwa SlErnEO RauwlcanwcTu>wC Wary Ni FREaB.AnaamrawR To - - NETAFIM TLEZB.12 TECHLINE CVDRIPLINE,(21 DRIP RINGS PER PLANT. 0010 DRIP 30 SEE DETAIL A SHEET L.2.1. coirinOa.FrocOK IO IEaaeaes4=n E. --- FIRST RING 3'FROM TRUNK,SECOND 0 FROM FIRST. 4. sawn.ETc IES.NLwuaNum NiI48EwCa1m 1E ON SURFACE. ¢ERNcamrtrwwoorK"sacw,w"4`,1a,o.%,',V a "41Rw'"°:, avuaRvm.PA„wA•oemucEa EQUIPMENT. ,. W IWMOAEIMEIWEExrmnoc cR Et xonanwMmEW„?BR,HM wIEE BAJRXB.esa2xrw"TER OBTANT. SYMBOL MAXUP. BOOKIE DESCRIPTION METRIC REFERENCE ¢ EMRKIISE HFITEAPOM.nONANOaMFrnONMAACIABACKFLOW PRr1ENRwrea¢aWTauwa.EO BYna arca xo w44R aamDTBH*UW.WV.TNMIU SMwrtHT.max .. EXISTING CONTROLLER BY OTHERS. I- .L1,0,1 APPROVAL OFT.MRI usIESENmmE..MOWED IO OPERATE SYSTEMS 9''419KEru RCIM!H TwxFAm anSU EVES BUIBOFsmDIT aMOIac FRPANED....M .M.3 ® NETHER NLC3024 DOWITH 2WIRE OUTPUT FOR UP T024 VALVES.FLOW SENSOR MASTER VALVE. SEE DETAIL C,SHEET L2.1. i � 4. Sit, aoesE Tw,SEr.y,.E{araw Of m NEMA OX ENCLOSURE,FLEX CONDUIT CONNECTION FOR HYBRID FUNCTION. , 'arunol¢ =a"TwvrwYcr,wCA.rw wavuaFUlwlFcrurcxIN FalFd vv rm cvmAoa TFei¢ O NETAFIM NLC30LDOSO ORANGE ANGLE VALVE LINE DECODER FOR USE WITH HYBRID SN CONTROLLER, SEE DETAIL D,SHEET W.I. le. aE.www"oa.B,.BPBRmmERaIEPRaaF„umEaFPPRorAI HLC3De AND 14.3024. • NETAFIM TLSOV 1R'MANUAL FLUSH VALVE AT END OF CONNECTED TREE RINGS AT LOWEST POINT IN VALVE BOX SEE DETAIL E,SHEET W.I. ��\ EXISTING CONTROL VALVE BY OTHERS. � . % RAINBIRD XCLIEO.PRBCOM TUR'PENS VALVE WITH TWO I.PRESSURE REGULATING IQ)PSI.OUICKCHECK BASKET FILTERS. SEE DETAIL F,SHEET C.D.T. ® RAINBIRD XCZ.10DPRBCOM 1.PESB VALVE ANO I'PRESSURE REGULATING(AO PSI).QUICK-CHECK BASKET FILTER. SEE DETAIL F,SHEET W.I. ..' \'''., MULCH RN NOTE: "'+ MK. PMAIM Alm�w.wwen ,I wITEMOOeuroax,o APPROVED SCM./O PVC EXISTING MAINLINE BY OTHERS. SEE DETAIL B.SHEET 4i.1. .4 � E FORM RAC„AVNIraE FRw KAa HlA MKS. APPROVED SCH.40 PJC LATERAL LINE SIZED AS SHOWN(MINIMUM OF 314.1 MINIMUM COVER OF 12. SEE DETAIL B,SHEET L.2.1. ;!„I. APPROVED SCH.40 PVC WIRE SLEEVE,SIZED AS REQUIRED BY LOCAL CODE,UNLESS OTHERWISE NOTED. SEE DETAIL B SHEET 41.1, DRIP RING SPACING NOTE: ToR -7c0,.. �TIIA ""`^x:; KRRELOcOFMmxarELD VB.,SPA.PEA ENRRACTMRAS aEwGTION0NS --- APPROVED SCH.IO PVC LATERAL SLEEVE,SIZED AS REWIRED,UNLESS OTHERWISE NOTED. SEE DETAIL B,SHEET 42.1. ' e ”' '+R, ATTAINSTALLATION NOTES: ICOR ANOIRPoGATIOX MIRE NOTES: A.ALL WC./40 IRRIC.ArowAVE PASVIC WV,MN KAPOSCAPE INICLLONO Ka NOILOVE0 TO • z R /,... ''''''.-> µW«r PALATE Pw RIMS «rAMACa MI Anu SLEEVED INPVC COw.111no n lEwwo u AS 91•91Fit INSTALL IM RAWER MD.SEE AT ,I� '�\\ ' 'Nyw amA INSTRUCTVI,OP...CV LIMES PM NEAP VAL A UN,VALLEE W.NEO Claa•E OTIEANI NM IH WED WWIn"a,Y ORKYPAVE¢ r HOED Al A uuwuDEPm«14 24....s CVDOES 1101,E0141.MR "..)--_',4114. ,\ � TIER FITTINGBF-ALL. TOTEM.CO.E¢»A¢PN-AM AL,Pr TDw4Da.EaRae cameo TRW.1.TDINCWITH REUEF. TEES aDDERE¢R aD M :, l --2' ; RF✓ a qp -R • FLUSH VALVE MOTE. „ '---,-..„,,,,j:',1--4- A j "'^w.„w OU WAN VN•AaTDE MTNLEOw A1411.91 OCATED I/XX Yr EAElO«EKM -. mn of OPAL SYSRVNEaro EiouTEoaU,EEAanaxTx - t uluownpEanTEM �"" u • IRRIGATION NOTE "'..`� i -,9-:. F� 1 PNDATD,LAmFORO NNEEANR a�ENIACT9110414SOUTH SIDE OF STREET 4�\t,r,75!:,,,,,/,--,`75� LOGIN.MO RACE PENLaMCY CONTRACT. a«naNNa ERL«NR« ti _ t CONTROLLER LEGEND: ," w F y,%,Ih NL430 NOTE CONTROLLER M6=CA'. 1ETwET.cro VECIFI ATMAD4VOAA.4 TOW ATNLED.ER �Mq,Yy : F 1 �� L NN4R 91240V aY CENT.RKAa H OP EwvNEauan«naa ®TRPS rwrt foe ax w w v„ `,3 > Q M1IT OF WORK nFAREnaR„DVALuaa«NIeREDwunara,ENL«ARwa,vRwF ,A opn.a mEE I n• for '•••.•,,_,,. 1:.; '.\: V 9GuiN VAMP..CURVY. HYDROZONE LEGEND: CONTROLLER#10.3=CI:N N �� / HVOROZONE I(HZI) 0WE, PLANT wF SPK w for < - / ,N �.- MWEMTE WATER USE TREES ON SURFACE DRIP LI / �/ "-wOp _ LINE TREE R3.11 MOINE AV 11T 22 VI ING 1.'; ro,\xC/ �/["yl RETRORW OrC NOTE:OEFOEn TIE TE MM. MEE I 2 I„ tom' '^�,1�' >, +� f - w BE Dwtea mEE IB AEI NDTEW RORT ONLY x MPS. REE I4 NI w W.aENMNaTwElwo B2aPX '•' CONTROLLER 145-1 CD: .. " 30 !� z�T.� •�'!'` _ n a RANT ®ax xz v• ))) t rr MAP: .. 1L DNNx m E Y B I H. 11, ..• EI. CONTROLLEIER'A'NOIE �N�ROLLER#2-4=CJ: I. cog3flaLERKB TN � , U RANT we ow w Ir Z. TOTAL STATIONS 12 ,d WP.x MEE I II I H4 ,. ;USED CURRENTLY OPEN CURRENTLY Boni M4eERNODESORPTION ma wWR ua 4RTIR ACER 5. 3 ADDITIONAL NEW VALVES PER PLAN 11 PIPE NDOT400NART SCHEDULE 40 PVC PLAN CROSS REFERENCES: A LI' DB GPM FOR NOTES AND LEGENDS,SEE THIS SHEET. \'i Y� r B 3 2 GPM FOR DETAILS,SEE SHEET L-2.1 C I IN' 1342 GPM FOR SPECIFICATIONS,SEE SHEET L-3.1 K ROW YAM'S below. 0 LIR' 2110 GPM E 2' 3150 GPM 0 10' 20' 40' BO Call before you Ag.I THIS SYSTEM IS DESIGNED TO USE WATER FROM A POTABLE WATER SOURCE I SCALE.T'•20' ADO JOB N 150114:8.2 - OE4WIf0 BY: PARK RECT000RI AND COMIIUNIFR SEANCES DRAW " `e ��T � FRRq IOD — CITY OF o TIERRA REJADA STREETSCAPE SHEET 2 EAS s ,��.. D1�NIG-kO,DP °""""B"' �Ij%`/� TREE DRIP RING SYSTEM �� ARK PARK AND RECAEATICN°RECTOR DAR 'a�. MOORPARK I Li 11� N r,.I cHEQm aY: -q4'/�J MOORPARK,CA Cf a TO mar.;„ L..R. �NDNEEm„c REVIEWED er: CVa71 PARKS RECREATIONDONEERNO j ORO.D BY: AND "°"'NO IRRIGATION DRANK N°. A HEAutR. DEaiAP,Nnn VAS. "`" "'R° °"'r a•` `f 't"'"" STI E SET BAND KLOT2LE,Ra ssTN DArz • COMMUNITY SERVICES PLAN 1 L-1.1 01 N • I— i Wd�W N -51 „-- .1—\\ 1 TIERRA REJADA ROAD _y+ E:u ' """•" �N r of woRK sou1R „,„.,w.M,„,„."„�,,,,,, ,,,,.,,,,,,,,,,„„,",,,,,„,,,,,, — — G M• • , _ ”„ "�, 1 . i `4' ' ` 1)Y ' - u, , f , LNAR dF N' _______ta ••. •"„•"„,„•,,„„"•,,,,"�",",",,,••, _LNAIT OF WORK SOUTH 0 DRIP RING SPACING NOTE. TREF COS 1.1.1...001.4.1.MO PLACES.ME SWUM Brr CONTEST. PS FIELD co.nia.MD YES.SIMS KR linelACTURERSSIORCAT.6 . MELEE RING NOTE. ______ _____""7,,,,-""""".'"A' RO:.ri.__..,_.. ___,,,,, RE1•OVE RAS W..0.Weak ASSN.TREES TO AST Era.Mr NW 11.,,,„,,,,,„„,,,,N,0„,„,„,„..... LLI ............ eIe Ml A- ✓ o 0. o I {ai �I - „. E O u7 i xT►- _4 stir l \� - `"•- jj1 �A Jn7 u, ,,,,„.,„,„,.,. ” _ -- FINN YAIVE NOTE: `„ n &SASCS.VMS eTOE AaArwrA"A.Leawx,ei - \ Nw FAIDAIIDN NOTE: '"""'-.,„,... ` �. NNrwnwLANAA WM.Mra01A.r.1111.301Efa KEY MAP:�I .o ..N11CA11 ..*,_„ ,�{_ CO IILC.10 NOTE: +NN •,•,,`„ ... �'•_''—*A/ ' SEWNµC.Dr<OrAuMOW.TO E osseto.R N+,.,. \�- .wv.ru.R.11eance...As nEw vnaTs..wuuum SOUL. „""�,,, R "rA easnw v..Aa cewe r HYDROZONE LEGEND: 041 xNDROLONE+{R2„ PLAN CROSS REFERENCES: F*- MODEIINZWATERUSE TREES,ONSURFACE DRiP LOT TREE RING FOR NOTES AND LEGENDS,SEE SHEET L-1.1 7 �l AEtxogT ONLY NOTE: FOR DETAILS,SEE SHEET L-2.1 to •. ARNO*Of YNOTE:N,NEOEa NE wroe"e,.aNArNnoN:..ARA FOR SPECIFICATIONS,SEE SHEET L-3.1 KMN'VNIeC!below. O 10 20 NO SO Call before you dp. I THIS SYSTEM IS DESIGNED TO USE WATER FROM A POTABLE WATER SOURCE I """'"'°"'°"'n°N°"""' eiO1 SCO F r•.2 ADO JON e+e0ea:1.2 OE4IXIE0 Br: PON RECREA0ON AND COWMAN SEANCES OR e — E Y"°"'11 "V"�0 " ITFkA OD ,r CITY OF TIERRA REJADA STREETSCAPE slat �Iv G P °""^"or P MOORPARK TREE DRIP RING SYSTEM a +�.. 1.T°� ,.r,.... ARC PM.o RECREATES wacTw DArt _ ��,e Er«cA.w MOORPARK,CA ti. �� w._ . a�,. NES NDNEEMNc REVVED BY. :CVA��. PARKS RECREATION „"1/00.17,4•.1.7.SOEETO °E01000"�i" Jifj ""'" APPROVED E!/♦ AND PROJECT NO IRRIGATION OMNNOM. '"""""- VALVE w<A. A..n o.,E • . A. `/.1.=:1" MOMS moo 500TIIE,AGE MEW OAR COMMUNITY SERVICES PLAN 2 L-1.2 Ul [V co • DRIP RING SPACING NOTE: PER MO MOTION;HELD VFW,SPACE PER110.4.6NPERISICITICIVIION8 MULCH RING NOTE: -.,-....___. I.. .... VOW TeAN MAY YROVRES An BEraoow Aap aXATap *'"''EEawaTal. NA«a�°aODC.M.T° TIERRA REJADA ROAD OF MAW aANNIAILY MKPMKN„,LaDalt 1 LIMIT OF WORK SOUTH .,. .,...,Err r• LIMIT OF WORK -j—•.nrurrrux„nxu,,,,,,,,rnn iwxx nmm�mn ,:,,,,•n ,nu�rr ...;n nu n•» ,,,•n uu ,,,, xruu„ u,,, ,xxxwr 75x75 r n xxnnxxx ,„„„„„„„�,..uuu xxx,,,,,,,x,,,,,,,,,,,nu,,,,,,,,,,,,,,u. 1- CD F„ F j tn -'ii `F 1Te' I y� b { r, -fr, r -.-S as „r,,,n.,,•n,,,,, ,.,x,,,,,75,,,.,,, _ 2 , ..,x.,,,x,,,,n...,,.x. .rxn,•rxnn,,,x,..,n,,,xn„n„ El.I tF� 1- ;� �.. LXAR OFWORNSWTH _. ......x7575 n•••...,• v„n,•,n•.............runrr,,,,,,rn,.,,,,,,.,,,,,..,•„•rr, ,rrrrrr,.,,rr,,,.r,,rrrrrrrrrY/.///.N1•I"'/'��R ,. ,,,•.uu { rr.,.,r„ ,.,,,.... „u•.... ,.,nu„ .,n,•n•••....•.,n,,.,•.,,,,•,ur,... 1 - LIMIT OF WORK SOUTH " EASRNONTRLNIO0•NOTE: CONTROLLERI tip CONTROLLER 'J 2. TOTAL STATIONS.IS FLUSH VALVE NOTE: 3 32 USED CURRENTLY II OPEN CURRENTLY a TOE LOu1EDwTrw EACH PLAN. 5 7 ADDITIONAL NEW VALVES PER PLAN MI.a wwrE MITI/ K1EY MAP: gI ISCIEMATICHLT FOR...WATT CNI.Y.COYMO.CIOR TO REIM ARTY RRIGATION NOTE:I.OCAIIONS MO K. NLC-3D NOTE EPER LOCAL CODE. \ NE TM 1.14..C.40 OECOOFFIS MONIES TO IMINSIPLLE0 PER N\ °NOM'MYER LOGNONS MUAN HYDROZONE LEGEND: HYDROZONE 11X211 I+.,-I MODERATE WATER USE TREES,ON SURFACE DRIP f LINE TREE RING. RETRORT ONLY NOTE. I sxrnr TIERRA REJADA ROAD uMrt ov woRK SOOTH - IILIMIT OF WORE SOUTH _.-. -.. - r„••„umn„uu,,,n,,,,u xu,,,•n,,,,,xnnn,,,nrrrr,rrunn - 75,75 n„ .—— e t �C �' cn U I I_ .,,'l11 - - 1Ci'LI L� - ,'{.'?i f EF -.,' MR OF WORK SOUTH I A� � .1,.. . �75..,,xnnn,1,.,.,,,,r..r,,,,,,,,,,,,,r,,,,r,r,Mrrr,rr �,,.,,,,75� .. n.,,,o,,,n,,,n„•,n,,,,ru,,,nrrr.,,r.,.,,,.,,,,u„nu,,...,n„x .r.,x..xx LIMIT LIMIT OF WORE SOUTH nu,,,,,,,,,,n,,,n,,,,u„,nn,.mnxxx,,,,,,,,,n,,,,,,•n n•,,,,,•,•„r•, nunn,,,,•75x,•u••n,,,n•••••,un nrrrr,r,rr,urnnr r,r nn„u,,,,,n 811 PLAN CROSS REFERENCES: --.P'- FOR NOTESAND LEGENDS,SEE SHEET L-1.1 ,o FOR DETAILS, SS,SEE SHEETET L-2.1 L-2.1 Know wnara 6ebw. FOR SPECIFICATIONS,SEE SHEET L-3.1 !MililliiMI Call before you dg. 1 THIS SYSTEM IS DESIGNED TO USE WATER FROM A POTABLE WATER SOURCE 0NY m SO SCALE JOB N1Aae.a:B.2 DESIGNED BY: EA N m PARK RECREARCH AND CCAIMUMTY SERMCES 4°q MO., HIT DROD BY CITY OF PERNT NO TIERRA REJADA STREETSCAPE SNLCT A •_ 1 cc /( .,1-N1 Gygt ARK MK MO MORMON DMCTM DALE (15/k)* sa A / ))P i^-..----.....",. CNE ED BY - lsJMOORPARIC TREE MOIOP RARG SASTEM0, B E4• NC - %, ENGINEERING REMEMED BY: •,kES AlASLSX TR SN s�SOIA ° ” MJ^ffu PPRONEDBr PARKS RECREATION JRC PROJECT NO IRRIGATION A N DEKR.,KN REAEwIaE T "`• "^^ °"TE D. t../E.'Ka•'L CITY MOWER.DAM RLOME.RCE 55752 0A11 COMMUNITY SERVICES PLAN 3 L-1.3 01 NJ w_w ,wxmx„ ,. xwmx,.x IAIITOF o YAIRK S°'�N •1111^"""" -- O 0:,-_ 'w .:'x:.,..,,mv„x,.,....,,,x24ORN SOUTH _ LO,ai of - _ _ TIERRA REJADA _— O 0 7 to _ xm A ROAD ,... r • m ,wwm 1 . o ——_______._.____ µxw ,,,x„w,�,xxx,,,xwmw �„x.ww...�,,,, "„„,„,.x x_.•„..,,xxw,"xx,,..,xxxx,,,_,wxxxxx.ww w,xxxxx O ,.... ,_. . j• € . {r jI o lr ___, , _ --„'..:,__:,..:„.',°::.,. ,......,„ _,;,,4 .,--71-.1.' )., ((-.;"47..� fi by •r ' 1 y57;:,-„„•,„,,;„„",..„...„,_„ .L4,„„._ 7t �+�'�F. (?•1;-:•#.1,'\; ' \ '-7.` .. �` y_ 1, i J?t1 �.,{ F'11'11,..-x---- �_' -. • I;:„*,21.. .,11-- n . ,^ "` xxw,,,,,,,,,xx w.xw..xxxxx« . OF WORN SgfRl'„;;,17,-„;„....-1,`-'44,„„_„„„„...,,,„„„„_____,„„„„- 1C \ - F'-'14---"''''''"77„n.T,,•l,,,„„„xx,xxxxxxx xx x�(' "'LIMIt CF WOgA so”" LATE 4' DRIP RING SPACING NOTE: MULCH MG NOTE: 1 CO 4. . , 'm"""'"� xw x„_ HSOU M TIERRA REJADAxx,",.x.,• aw HLO .wxwwxm xx • "m.............x xn.....x"xuiu.....w"xxxxn xnxxxx•••^x•"xx ,� x,x,,,x x.,,,,x..xx x• _— --,W4,---7.— � .x � �2 o I o o U y. Ft4� a t, e O� t'. h' ru �1' A K fIH 1' 57a _ .,LUN L L oFRn,�souTH r, -tinC `�7,',/��y., _ ��11y,,**_ 1111' , rt ml Of OW sooT" ' w.wxxwxxwxx.,wm,r _ r .xx,,,"x„xx;;M•,�A KEY MAP J FLUSH VALVE NOTE: IILG30 NOTE: PI.1.0,4/M 10E09141.1E0A/P.R.StAl.01.COST BOOM. I.C.110t.C-100ECCOMI./00.11*,WE MIAMI. - IRRIGATION NOTE'. orr ran wn.N uMn. Sofa*%Are FOR MS. HYDROZONE LEGEND: '""11"'0.0^.�rPRn,aaN 1111° a 'aN arr 811 HYD0OxONE,IHEI, PLAN CROSS REFERENCES: F 4,,i.1 NODERATEMER USE TREES,ON SURFACE P 1 uNE TREE qwoGAOR FOR NOTES AND LEGENDS,SEE SHEET L-1.1 / ' � --- FOR DETAILS,SEE SHEET L-2.1 �� HET mo�iN.ore1 FOR SPECIFICATIONS.SEE SHEET L-3.1 Know wtiel'e 11BIOW. raPEn tN RnalMs,MawNunaxf.mN D 10 a 40' BD' Call before you dig. I THIS SYSTEM IS DESIGNED TO USE WATER FROM A POTABLE WATER SOURCE I """'nn'NNnNwww.N "a”' SCALE F.xG ADO.,oe A Isoefi.c.x 9CN0 Bm PARK RECREATION AND CDNMUNITT SERNCEGAIOND S • h ��� HIT °0 �'� CITY OF PEANiND. TIERRA REJADA STREETSCAPE E, e c ,'•N -----Go DAARN' P V AND NOTESAnw nNEc a OAK �f°. MOORPARK TREE DRIP RING SYSTEM M;= ,�^;.':'�'::",".`ul„� eNLam e+ -l�arcemxc RENNET/er ��o, + MOORPARK,CA — JRc �jw 0� PARKS RECREATION PE' _ "`Hs.a�"° . "no-y� - . ' ' IRRIGATION L-NO 1.4 0""""`"=„4::."..,="'"-"'”". A<.I. Ar.R , H. `5: v.,:.:1.,;., APPReweec OTT ENoxan.DANo.caru.RCE ssTsxoAIE �,•."" COMMUNITY YSERVICES PLAN 4 U, W O 1- ' W Cr TIERRA REJADA ROAD I LIMIT OF WORE SOUTH �� LIMIT OF WORN SOUTH nw,,....,,.n„ µw,n„wn,,,i OT 1 U LLW LIMIT OF WORI{SOUTH ,,.n,,,,,,,n„nen„n,,,,.,nfLf1i ,,,., IUIY LIMIT OF WORN SOUTH 6 MULCH RING NOTE: DRIP RING SPACING NOTE: vEA Reo<Grpnaw.vHouaxr.sM[cen NwsAcnea2RrtaRunan I • LIMN OF WORN SP I -... W ,,,,n..,.. ",,,rr ,nn ,,.,nu.,,nrn,,,nrnm,rnnnruruunen,,,u,,,n.,,,,n„nnnun=„,n,-un.,n REJADA ROAD w >,,,,,„nn.,,.,,nn,,,” _ — ——— TIERRA i - — uMITn, ,nunn,.,,,,.rn,„,„nr,,n,,,,,,,nnn,,.n,,,,, 1 • Cil ti . ir . , w • xr,,.,,.,n,,,n„ l U • ,uw,um LIMIT OF WORNSWTN Vin,,,,, ,,,,,nn„ ,,,n„nn n ,,,n,,,n,,,,n„nn,_„'r N M„ ,,,, a a ,,,„ \\ n LIMIT OF WORN SOUTH /\ FLUSH VALVE NOTE: KEY MAP:8 '\ AREAOFRONNESrM.w F,a.Ea«EDM,« aMN ®1 • IRRIOA110N NOTE: • ALGID NOTE: SUR MING VALVE,CENIERED DM CRI,IVITEIL LCCARCNS S.M. ONLY FOR VISLIAL MAW, . HYDROZONE LEGEND: 811 HJYDROZONE 11HZ1) f i'-�1 MNOOERA EwElEERY,INA.TER USE TREES.ON SURFACE DRIP PLAN CROSS REFERENCES: _ I% FOR NOTES AND LEGENDS,SEE SHEET L-1.1 � REmoRT ONLY x0 FOR DETAILS,SEE SHEET L-2.1 Know wears below. NO,. CavOCNONOEOED.TIE WO EO0O 0NGATON.nrEN FOR SPECIFICATIONS,SEE SHEET L-3.1fMlealliMinimml Call before you by. I THIS SYSTEM IS DESIGNED TO USE WATER FROM A POTABLE WATER SOURCE I ............... 11 GPM 0 10 22 eG SCAIE:1"•ZD' A00 JOB 0160041:01 _ IOAa n 005WKO BT: PARK RECREAMM AND COMMUNITY SERVICES 411 NA1 0%.. A& W. OD CITY OF 1 TIERRA REJADA STREETSCAPE BIM �E,1�� ° (A D I NIG UP °R"""B �% TREE DRIP RING SYSTEM HE DrN A s' / ) Fit- •EM1" ARK RN A D RE REAnON DRECiq DAM (4P.�/ MOORPARK ENGECT ND.Y�= '`I�t•. w�..�-.r711.„I NGINEERINc REVIE"EO Br. o; ; DF 6,] ► �IPARKS RECREATION MOORPARK,CA1DEAIgSHEET8R ISIONS SE.LHAUS =� . JRc ♦ IRRIGATION DRANxcRG A DE.CA.aO.0 00T0. •.<. Ar.O D.+E a. `O j.-,” AFPRDxFD ec OTT ENOREEN,DAVID<ORM RCE 55752 DATE COMMUNITY SERVICES PLAN 5 L-1.5 01 • w I--, EASING CONTROLLER 1'NOTE: I. CONTROLLER NSI STATI 2. TOTAL IC01.NE IB � -- 3. 25 USED CURRENTLY v //I/' FIUSN VALVE xoTE. 0. 23 OPEN CURRENTLY 5. IADdDONPL NEW VALVES PERPLAN (\ AaE Lu..1 a TORE LOCATED MMNEALMRMTEP • \IJ( -1 HYDROZONE LEGEND: IRRIGATION NOTE: HYDROZONE I I1111 Loun PER LOCAL c>p F y'_LL. MODERATE WATER USE TREES,ON SURFACE DRIP 1 axTMACTan TO xaO,rwr LINE TREE RING. Tc EasCAF 0 MLS-3D NOTE ¢ OD WES TO RE Ic mw nee cE0 PER RETROFIT xmEOC,ON.EOD.MTN.Waivc Pmwnw SI... par Eptwwu caMn.aweEo orpOr 9r9TEN Lpwnpas9rosn, Poy,',p..m...ono T1w J J I ITIERRA�REJADA ROAD U 1 LIMIT OF WORN SOUTH I I wd r —— -- - --- ,,,..,,„,;'^w....,,„w..,. WORN SOUTH w m —_ CO _ C; 1 LL Orr Ic } `• ` X� 1 I ...LIMIT OF WORN SOUTH", ,,,,,..,,,,,,,,,,,.,,,,,,,•.,..,,., •..•..,.,,....NMI ,...,.•,,,,.m„ ,,,,,,,,,, ..,.•..•...,,..,,.,...,,,,,,,,,,,,,,,•.,,,,,,,,,,,,,,,,,,.•,,,,,„,,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,..••,..,,,, ,,,,,,,,, ......„„,,,, ` ---'- - -- ~ MULCH MO NOTE- „ ""'"'•„w..•,.„, - - w PEupE RIM uArwIOAO wtevw MAY FROM TREES MAGI Napo mpglO ^••+..., MAW At ucnPo MEM WPM.E'nuuwnowocop TO RE FOREST MAcnAwEFROM P.nI MI. Sms IIMIipF •••..,„„,,, - DRIP RING SPACING NOTE. •,•,,,,,,,,,,, •PREEwD MMunaNMAa•EIENT TO FMEatEOOrd ...•..,„„.... PER MUD 00wInpaIELO YEW, SPACE PER IMIUMTgEMffaNMICH. I EATON CONTROLLER'.NOTE: AO"'1. CONTROLLER 4 2-4. 2. TOTAL STATIONS 24 ` 3. USED N. 7 OPEN CURRENTLY 5 I ADDITIONAL NEW VALVES PER PLW TIERRA REJADA ROAD E- • cr - X , ,µ, JD No ? KEY MAP:4h m� 11,--7;.'1/7-1:',',`-'-'-.;:;-----------. ,,,,,,,,,,,,,,,,, ”`, W 1 o .. D U • ri = .,�,�'�,,,,,",,, LIMIT of WORKSlikokkomiairtsDMTH II 8' \ PLAN CROSS REFERENCES: �X. FOR NOTES AND LEGENDS,SEE SHEET L-1.1 \ V i �#YNMIR., ., FOR DETAILS,SEE SHEET L-2.1 �, _ FOR SPECIFICATIONS,SEE SHEET L-3.1 IMinalliMilll Know Mars below. a TV 2O a ao Call before you dig. I THIS SYSTEM IS DESIGNED TO USE WATER FROM A POTABLE WATER SOURCE I SCALE F.20 ADS MOB N 1005.:5.2 eST rMrAa e♦. 00000 BY. PARK RECREATION AND COMMSNIrY SERVICES • xC '' �' CGHITFk A DDCITY OF PERM,NO. TIERRA REJADA STREETSCAPE ..7 • e5�► �`' N G P DRAW BY: TREE DRIP RING SYSTEM • Vs !"n1� _ ARK PAR AND RR:REASON DRED�R DATE (e4CE/'.) �, MOORPARK— e.== „�/��, „„ a"°. MJRCeY: NGIHFERIRD SERENE!SE �jPARKS RECREATION ENGE MORIGA TI CA=ow. jIRRIGATION 010.0N0 NO. SHEET REVISIONS EXHAUST Dom„ ;a{ APPROVEDSY AND PLAN 6 L-1.6 A STEAM, DREE.M„a V:H.Z., ..E<. .>ED 0Arz ,e-. I:t.:.«. al!ENOxEER DAA°KLGtaE.Ra 55752 DATE COMMUNITY SERVICES LP (.J N • MACH RING NOTE. WOVE PLANI MASK ARO WEAK AWAYFROL4 TREE,TO AM OFY0t0 OW RA44 CREAM°A 6 AMA.iROMPEACN.L MS 0Fiti m TRENCNNG NOTED LEGEND: 0 0 °F71 g 'A E ONA. 0 I�J T O 0 0 0 0 O 0 0/0 0 0 0 ° ` 01 MOIL COM.MAE a ark L��•— t� R Nff w SDG N . ENL-SOKN,EN1, , a,,M �,. w. xr.Ea,Mw.EP„,.,ErM 4. DECCOER.1E1 �__Niro- / / 1 \ / / \ \ / TRENCHING SECTION W. .I...ru..6 i n 1111,1Pc‘fr'' © I v/ ``/� m Nw„.A lil'11H___1115'.,71.711 Tae=0.�1 _.�:I� le,10 a aMwr.G,N II N\ = 1 111 Ank ° ` i 6LFENNG NOTES LL -, illl �\ ° < ° m 0 0 / 7S-.ivii a III I,,,l y \ RECO-D,eAN�, ° ,x' ' C. RDA III 'r.//,t:;: :.li�•.g �4 LEGEND: ° \/��v .•N,..•., I.1. pNGSTKGwR,E SLEEVING SECTION 0 „„...„„.,,,..„,„,,,4„..„,,,„. !'I Illi n...�..........._ 0 0 WWI-PER Pl. 4, 11 INA RAW ORIPLIM IIIICAL. 4 WNW MM.WW1 LEGEND a J{I.Q� ,{'l�{ y(— _—JJJ LEGEND: VFW.CAM 10 WIT MACE rr..Nsx reosra[rnma noes a E_ ' CONTROL YOE ALM,12E PE11/LAR MULL LF lJ o a INA TE*IRE rarnrwxcco[cw[1 ea ...Fr..“..... a MOTES, xFCWBaw l o. m PREMIX e�sxrura Q aN. MCA SUIVINI7 OSA ttliNitIN. I. MN.CONtliat VALVE. le. NEW Will..00W tONEW COMM.. IAN oi KW.FMK, w cmNNa wv N.. D. VGERY W1W OErIEE b� I. ROO..orxww W.If ALE...MCEI WA WR LITERAL NOTE'. .ae r 111.16.1401 OMR 111 J NOiEwwtcw[n,wwcE,ooeEw[uwInraup. OTECHLINE DRIP RINGS w/NLC-3D - TRENCHING&S1EEdfNG'"-----------e NLC-3D WIRING SCHEMATIC co CONTROL VALVE WITH DECODER SCALE:N.T.S. SCALE.1/4"=1,0" SCALE:1,-0"=1,0" SCALE 1"=1'-0 0 0 0 0 0 0 ••It /. / /'/::,• roomunir=jO O m. . m �•iA O III R III .�' I }i ��., t`` <'0 :, Ica\7 ,..4.4.1,7i*.6:,:itti....41.01.1......t.:_t_iztitizi-7,i;: ' • LEGENDit PVC SUM1151-EF. .4•4�igiiic•,• .- It PVC SC,HELA0111. INC IATERA UNE NE lig PURL it PVC xm.onsru. i•�,\/V/,>1��/•/>/ '��`C• 4„.,„„„,,,„,,,,,„,„,,„4,„4,„,,„„„ NOISE. LEGEND. waM au.clawrtnwwMnox a Pw.vurwoNrewnNUARMM . OPOLVE110. APPRO.PLASM.:NRII,WIVE ID.Ma 1 PVC MON FON SERVKM a uwR M..rauR _ Q " cwmmm[tnum,„„„0+wr. r' rUSE NON.N/R06.4.11iLOA ME mWsecMr.rnuxv NwALe MALL © MANUAL FLUSH VALVE w/DRAIN • REMOTE CONTROL DRIP VALVE SCALE:1 Ur=1,0" SCALE:1"=1,0" 8 ,1 . • KGNw what's below. Call before you dig. • MOO JOB N 16083:1.] — GE0040 1Y: *NU RECREA1HN1 ANG CCNNUMIT SEANCES SPAONG • •�"'�°w`+. ,!� ARCHITFkA "IL' OD M e„ �� CITY OF PERNiND TIERRA REJADA STREETSCAPE �T e E+� �• DESIGNG P �� TREE DRIP RING SYSTEM b', l�ln/ -� AqN PARK AND REMAIN.DaciOR DATE— *,�� MOORPARK MOORPARK,CA 0, 1 L�' -, i ..u..w..... CHC.... .ryPANEEPINC RENENED ST: . °.I°Cis' PARKS RECREATION EETaa�-s^OONNah.xs EXHAUST Mj^1` JRc � � AND PaOEiNo. IRRIGATION DRANK NO. Q"aAoaN, PES xr,M or.MEN„ "=A. "^" w.. • '_J .M AVPRONn e.: nm ENGNGN,DOM MOTE.Ra ansa DATE -- COMMUNITY SERVICES DETAILS -2.1 Ul W W --_—---- — - - - _. - - Jam 1.0040110/2111001.171 111 11.1.7.4.01100041017.1010171001.0 .m. ..y...amxm.4.We _ 1.mNmmY.n4mlm..r...r.. 1101-7110011k 1110010.00.0m. 10.4111111111. ..n r....Yma m wm 17.01•.. m .1*,14w..mlemcW.rm.•ps.l ninmx.Am, ..yM10.n..s.amrm NnxmxSw,.a.mmr.mnm•r.+ 10.70. ,07004wm4m.1,...n..n Paanwvaa»wwnamaA4.awx•170.0n..00100a c 4r+PWymNurWwwvn1w010100nylavwpwmewmnsn nwmanemenNmrosewr pp.nen ealaF•n.awne 7070400 113 MEM molrtiumem kdommEdmmem Dm SC.0Pr001 Ln r.a 101070004 0weem.10. 70x1711..4.en..lrmw eiwn.eawer ao,Paaer•aYwm. . ua.Woo N M NA.wm wn•e Ma m aepy..eW mw l 111.0 w..axunpydxlaww7u0m.0a..mwmma Ln 9.1111.1.91.0001101011111710005 111 04010x[5 1 m 101.0...m pyymmrrv.100e0iwen. 2.0704.17.010000..100..77707170 1101.0111BAIETS. Sr SU.Oam PUum.4 ruT.-ueartn B. mim emu ....4570 un lµmwmml.u.Tw.nam NmumWmmm m. mmo.nN.wya11nal.•. •nunml•wmnmµlmm�nalx•1rm.Ma Yme+.em C. 00 muNnnaY.en p1..70.0 n.n....W 7040 mw.Nw u�.npm .m..a1r•.lernuwmmm 700 og0000.7 077001...O. 1M DOE. 4nm..ayn00,017 mm4ma10nmwm wblam.lmwmn0.4...•.n to.pakkol.now.dikkokm...0.0044 111 7004414<4rtP4[AP0cxn0.M01Mt4un0x 0.01•00e.11407.1.0/A1010.7010.710001014410.0.0100011...00.000.110 mYaaYmwaeaah wayrp.awnlwHarpn umuw.,05 Mws.aw.wwi m w •0000.aOm..7,10 mhr.m.mnnrmmd 7017 n n nrNo ok11100.vausnuay�w ..1wp.�4uwY1,Mom 10mnam171077 w .r 0.7050 wm n nn.4aw1p1lww.ww nw.mm..xlr a..rww...e' n.ei r.wmxpmle.a..«ewnnnxM ImEmmavyp.w..1.a•..1.W..14+µw.mmmaµnr.amnm.amre.rmn.. 147011000..1.0.011.1 muryl04700007000700o. ............0.470.71,7.0.7..1.1c.70174 114.0...41150.0 m..uunnro .enwe.mmen..r«wo-a rm i•rmn unenae.ur.eiu wnehakm .wen 7.117/0.10404710070* 1017 .00.00 ono 070. C.01010.7.0 n.b.w 1.MmYlmnmvan.lranna 004.......774.. 04.....unremwnn..9.010v e.mrw. nn Sym.. I. FL 001.114040.41.00.0.0 007.9.09e.E.E.Ma.w.r.•a..nn4 11e c.mm.PYIE O. .m.lme.wa.0WenleeMmn 1x711700.410.0 .t1 p.x4 +M µ .4(mum lmnnnaur.wwsl mo-.ptrel♦ammeanam.PMn«MPan1m01n1m.m Mree.nw selryMiww•n0•uy...w.nY.+e.m..rcn.nar.mwaw.xau0u1nr4nagx.vnweea .007040 • w...p..aNWr••X.n M•lnn.•Mm<nM•10.w.s1n1µ1w.Na.n nearv.N7 Mup.lmlE0,,E•M.wmnME.Wn:l Ren.rmrvm•.rmmww.uwnnm.r 1701.... On of SEMI! Y.+Iwyw.rn&pawe Smmimw.wWl.wnlwaa Tn.Paw. 111 0.0011 l.etxEwu 1711.a1r Pq•rr.+....y1 Wn.w.wa.un.mW no-lneaawmm • ..1001014.Oma10.waxM.•nrnnr0..S..000w010040 77. U? 0Mn0.00111001kwuP1. vn UMwnnK 00 wNn..10•Nnnvb101.r..pm7..wwm7mev +7...410 • Dom"aaryln.w+a.mem.nay.Sa.M an•mm No•rnnMam.nww.W.W nnmemmomMm weypb ruYm.imam-mmum 7.117 01,44 1704•001.4777001.7.010 .000•01.-0070.0. SreMm vet nAMmE4.111101 1na.w..•emlmm.n0n..µ041m.n•mm•amnlmmmnman017 .70.1,05 un. • Sr•wngmao.mwnuWv rmun..mn+m•..we>w..a.r.•.W nlv.nxsip4er to1 x.rzPwr[v im noustwctu snow x .mm.Pbemmmem Nmm.mmmemmwm.m.mua m..mw•wm...e•a.y.mmm1 nwa...e.emw.uxmDoom nnMmwwu....mnn..n..r,•w 0717 wp.mmmrn.mN .•n..0511,0auea.0rnpa np.m•De m o . r Mgamn .µwr4 104 00410 n Tm1•wm ww mmyPRpu.nal.e 4117. nMl a.upmwrµ wm. O. a. a 10001116.0..to....1 p.400 .x Nrx.anam..rrmeu.w.mw4.Mnwmnpmmary• 1.1,0mMidm Imam tram.gm env*.mgmba m•meMnaw.nr nammnm.«vwnara.nMw and mem. 1N [WO.TEST venaMarm.arpa 1 WmarM mn rw..MEM wmxnmmMrn..a PepamtI ewmnaJmn F. uma,001.0 01.011n4u wem.nmm.0w1410.00 y.rw04000+100.47001.. 1110•..1004..45000•ay.wuu..nar..0grrpMmasuunmr.ryam.um•. 1a e0.NES me 7010µN0.0170s00.100110Mq..Nnwxm•yr+y,o-M mym..P.wu707m..1NPmMn • mn.Mn4malwne.emy..m ln•7.xrwa.+e,rw4.age. ammae.owe, .nM.nw•+1mwA0ul.mya.s•ar.r.40470.enmwea.wm.uw.m•an.Ye..manlNw..aO BMeamna.mM qmw Mm.unyxSY®wnmrem.M.n.mnrgn.wa w.Om.Mreuwmnmumep. Pynata.Mww..ammaeeaearni,n • 0.0•0010007.111..T.100...000..0•05071.00•.,071 E. x101.01060 n11Man..NI.y.rm 0.70100.1l701w im xefE.eeEa 111 nROMMIC rtft Ory.NUM.w./..460111.7r4+wwWm..u....0..S,u0711.0srw1.0. .....111.00,170700010 00,00....00...4.10.00wurx711 wa M1 P.n.pan•wn.yMn. .M......1Yb11mmamb.700...aWnpm .70411l.wne4..y .70.1Mm.Na0m4W xmarrwewna n0wrn m4e 04 Mt CeMv.uEEOm 11NnnynwmmmMmwnwamna1pW4147770 WeM,m nrnl+Wnwalm mnm.umalmwe Noln n..nmawmrrt.wumoan.M rtA4a••maw lmgwx•a.11•enIVC eWlaMara x 151 tow0nx 10104w411gn 10 4004AAM1 1m w1470100C14, 1.nmmmnr.m.aslwlwm.1.1w11n11wn..ar.mw NmalN.Wa4m vamww.mr.......0m«W mnemex lrm...mvmx17.m0. 1110. em4n Mta07w mrmmyroa t«4.111..au4•n4p m..N a qe.a 017 ma 100470 io11 011140110 000. • m.abmmMn.aemmmE mN..mrlwam•ano Mn P.n.e no. •tel,«•mu..malm. A 0011....0.011.nn.14000o 101400 anwv+trnugmwpNr..1µ0wawa • vm (1.1110111410.10.71170•1 dm.xi aww..mny. 119aa11.0c0.0a..rama.1171. •470.1010070•1000N mnuulmw..waumEM.a..Mix Samoa N.....M.Ewq.NamN mw..m.na v.a.Ew.wma•uu•1e ws.myrw.p.M w.a • 770070 o 1•4 No.700.0.1.000100 f.pnwl nw•m.mm•. MATS MUROMMMly11,MEM M.N... 1uM.nw.m.mlu.Wal11yNti 701.40.. Per PLO.010001 Ln aX[K[aNx0v409 • N4.munmt 1.1..41740. .lnwlnwlv4emnmwmnaavu.e.Mu11mra0 mlmpmmm mn.b meE*Emden Ent mq.a •.04007.007.30040.010.070.10.0 A NIA,..0.1041104400. 1 .4n..em.onwwm.n.0n.ma.nrn.wbyvww a•yrxl•m.munnrnuwnu.a4wuumpevOWmM [. n•mw.M•rm.ne Som 11 may Iwn.a niemarrymcnumpiamm mol11.NY Mpmm..mq.lw.xm.we...vem uum.xmrl...am..n 0710.arll.emnn.w.w,pl4m. n•0101.1017Uu.m.701004.+710:0.yr.rtgn.armnrMnamp«r.marm..Ynmmanu• uyxa.. 111, rv[IDE C 07.07.0. m+•1w1r1VOA. C. pr.q .1,rµ0 n..era.em.011.10 oak A OTC 0170.0 7.70771,71,00 01.0.k...7.70..4417.00.0.10.07. 1001,...10 aeaq.Nmurrmnmmneuy..Ne•unnnue vA e1/10prcla1P00R[OiEutttan. Wpm 4raMm,ra.41400 mneye.P 41070.1,1. • M 001 •m 7p.007.mwyra.yr 11�1mn..n g 0.7001.70.ynwn.u.w.0nMmam 7mm.Nrm immrwy. C 'mkt e..m mum..rmn rearmOmlq.r.wry mamms .r. .p •.+mrg..pM.E•mmmw.a Nn.mylm4anmc.Mr.am.mbn �pnraWa.nn P.utnls.. 0. v.wumN4.aln.mmrn•W 1.11010 anueOn..ME. AM101.00111•114.70100.004.1077.00700 41.00Nmaw..nt11m1mNa.+µO. .nm.napl0.mr.0•11011.. vie 01104111 M maa0.lmmwa mare n mud u w n•mmerma n1.µ010..wmm 111 0791/40004 Of 040/110107171 01 C0701001007.3 1.. v40e0.f aw,remp Naar.n A ....Mt.MMANM. B. Po.on.c.0.17A1 ler eadookinier 000,1000000.4407.1100 7710.inamplu 0.71071.77400. [mr 00.w.AL.., M 1114 n.uN rn.temwm..m.mm 1yW.a.meW • Om.rok1.110117.1,1100.14104..ernnrw•am.muw17•bbrm.n•arnao 0o- 11 x...tlttNnnwE. e. wew.p„•auwmn.+.m W,,,P,amW-4100•1000.010/0.1.•••0•00.pm.amPn e...0070171400.11e m Spp7tWm.Me.nwmnwnom .1.011170.017000004.04011.01...0 E. mW 1wmw el mmm..nw 70 1 N un.M mama m .. .q 11m .....wEmu,. .wmmm 1 Me •a 111 srwmenf 0. nw• nowMeim ma w m .mm4111m m.yrm • 40.001.700.mann.Mm.4...nm.nnm.m.anwu pn.e n•by l IN.0 Pm 010400101011/00100.71043 ADG JOB M 15685:6.2 w Eal11CHITE�A DESIGNED 611 """N RECREATION.N6 COMMUNITY SERVICES. CITY OF PERM!?DRAM116_ TIERRA REJADA STREETSCAPE SHEET 6 ✓® IGNGR UP ""*611 TREE DRIP RING SYSTEM s !n'M °STA oo DARK AND RECREATION D.C. DATE Emla MOORPARIK MOORPARK CA a..[mw 701.0 [PED i ENGINEERING RENEWED 610 aCO' ENDNEERND 6 �� PARKS RECREATION PROFETND IRRIGATION A,TEED R°"RE5[x.TEmwM.,raIN4 eALLArIAIL SHEET 0 REVISIONS TO x<. 117.0 DATE `�9"en... RO ED 67 DIET N w,DAND KLD E.ROE 55.5.OAT COMMUNITY°sEavlcss SPECIE(CATIONS OPLN L-3.1 GJ APPENDIX III Tierra Rejada Road Landscape Median Renovation Area Map Appendix III 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 535 Tierra Rejada Road Landscape Median Renovation Area Map Tierra Rejada Road Median Renovation Area I '1 j ipl 1-mini �4 • �A1 r� 4 ..II '�4 �r IIS `` SII r"� •- 1111T IIIII1111111 :IIm1IIIl111111 ip r� .ity.,, .,•,_, , ,.- _,',{� s r -_ :1111: 111111"�Itll�l .4-51.,...,...•2%----_----,- �3 ._ _ ni 1111ijj1111. �■111i■ -- -_ 'r • r—_} �" 11 .!av��■ar� n� ti� - I 'r...T n 1" rr�l® +1�� .._ rT r 1 - 4 �� III- �� �� 11111 ,, �.{L I , I f 4 -� .r - ;- -7 - ■1 ■■ x''111'1 1 _ `� � i Inl � � - �-. r L giF INA lI- 1/11.1111m.'mi:irMI!: 1 " r_ I'I '1 rr A� .11 ■■■ ■ P ��� it �y l _--' '.u. ■ = l I yY 11 .}'\ l} = _ Lo, Anue.les Ave Ili'' r,'C } ��rc\ t l } j ■II �� : ■*+ III VIII■I '- �• —�� ."" H. •� �,''' _, �''• 4 _,rAi 1,, . 31 ■■1 m ■■,' -t=1 E �i lu .'� r r' -x`41 IYl . NL I�W', iP■■17 - . - �;1 - � -- Ik `■ -;fes /;� •tit _ 'IrnJa7► 11111111 M .II _ „ 'r,� __ f;', �� !tom■�■5, 12:1111111111.1„7. maim = ,x. ..„---'/r r,. = 1, _` ,„, •!} 'gluon JJr .Esq i = iirr' _ .i� ili■1 1f ' __ithill Ia „ d '� " TJ 1 lin_ - - �. •1111 1 .J 1 j -4-II '$k __ ---- 'I.''S rII'. ,^_,-.<1.'\ .&r o VIsLa r_ - ,n_-..a111111. Irl .�-.4'I , 1111 ; . ,---;•-•;-:----7Ca mundy Park 1 �:j11�'h1 1 e` • �` �4dlirt 1 Mr, .. L- 1111 '11"it „ : .111 111 y, --1 ` �-o +. - Park ! iY■writ - f ..\ ■■e■■el 10111 r...11.111 Li-111 & IIIJ HRHii-.:„ ,\ l -- - - / —* �_ �� r _111117;_111 �1�111111 a 111 11111:11:11,111::::,..S7--->",:----1�: r . $ } .' ti: r�r��•v fir. {111 IIIIIYUA11if111M' '.t N t-" `' . �S� r f1 1 == tii _= 1414 . 1 i1 1 � '_r �'d ri.r_.,r ,j �'r-,Y , 1 1 ,>Li1nr '--. .. -r.. 11 III. -- ' �I .-r. IU - -x;t'.=r_`1'-fi.r-^' /•'r" x-- X11.1 I •.,4t +ti . 11111111 11111111111m1 E 6 _ L —_ 4` L�_:1„ { ,''� / �,�1T - ` lIM1 �unla •w�� ■1■T�II ;a.- = r-tai a1 1ti1 Y``-"ti▪ ' •1i ilr "}. r. sci't�?ti l+ 11`3° apek ,I�;=- ...■�a■..������ i ••••••..1.-.�.'4 1111111111111�f ti� L�r+s..+gl x 5 4 J =' 1 11 L '1'c"� E %,-. f itiIIR ■�il,r r�,1, .a.i ��1111111 ",- 4 r ,, k1 } : .▪ ,r F' ' � �� Ir111L11■ p' r , 111 J INMI r; 7,� � tit 11►lr1� N 1 1112 mill' r 4'+,' . r'. _. J •■.� Ley. Ii:, i I I ll.%1yI� .1 IqL 1n c .°'1 c- - 111111 I 5r '� �j� 4 � 'fI�]ada Park - ■761 sr � - r lonli 'is I 1�I :::::{:‘,.3.7 ...f.1::1-2-,:is ---,i---2 ,hr' t yy+.'Am 1_L.. + a■ - r 11 '. 1, , 1 ,rte, ..-2 ,,,,„,-,-M=1--,,'Lr l.„ a4 A,.., t-Win .•.. i,-, .. • • ,'s,-; ,- 1_' ^+, W11u J 1 ,L�,,, ,i 4 Ek..g', •a - _ .moi� },111 ,8*,� eh 11111 ■■I.i i rn n■1 o mr. . '1111 t /• �,' k� '`L.}�f l r ® � x.�. TML * �rr�• 1 T .■ X111 * { 4: r�. • .� . 1„1,1,"/ •g i j-, -ri' 4411"1aui �r Ieu■i ulrlili11Yr11i�,01" ..•, �" _ - i�t - t fi'3 "1 a.t° .r+ I �N x r>'y -4 ■ t111 111111=', I1-_---- Y!•411 �,71111i 1 w i } r - k�:-_ ��_ ' L•' _{ II1171,117r • z ,'• 1/4.'....,:::;;;' ii l i1 ,i7,777,-/:: ti�1+11 f 111n1�'11 ppnI111 �a 1 .,,>--,______-- --- s i £ - y. II NIIt � ' �'l ��� �1'� -i -1111 1111�II11111 ■ � J � � �•a.!'1 Y 1 '��, ; � I u1 o- _}} �---. - �'t I 1 0 a f j IIIi�lYiill� 11 �� L fs fx ,t� } r n1 rr _ t1 Y" I ' c4;.(!:- 1 IJ.. F.111!1-4O!,!--7- 11 1 ' -.. I 4 • Par f,� ) ,Y� r� y , r1 1 w[ - rn V'1� Ain IIN�iidi Ii11Y I • — ' ,I ' 7• a t � ; 1 +fimma" - rtl NILS + C.� rtY f w ii ��.,• ..:,--c..3,-- ,.... . • Y nom , :NI lag 'C l IR 1�. - I I �. 7 yyL` J+) ,},^� a,i _ti ing 1 I ■1U -' }-i�' r 0.5 kin 'N 1 1 \ f' % w 0.5 mi r - - r APPENDIX IV Standard Encroachment Permit Conditions Appendix IV 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 537 CITY OF MOORPARK STANDARD ENCROACHMENT PERMIT CONDITIONS Pursuant to Moorpark Municipal Code(Code)Section 1.04.150, Excerpts from Chapter 12.04 of the Code, and City Engineer/Public Works Director Requirements. PUBLIC SAFETY MEASURES: 1. In the conduct of the encroachment work,supplies and excavated materials shall be properly placed and the Permittee shall provide and maintain such safety devices including but not limited to lights,barricades,signs,and guards as are necessary to protect the public.Any omission on the part of the City Engineer to specify in the permit what safety devices shall be provided by or preventive action required of the Permittee shall not excuse the Permittee from complying with all laws,regulations and ordinances relating to the protection of persons or property under the circumstances.If the City Engineer finds that suitable safeguards are not being provided, he may provide, maintain, and relocate such safety devices or take such action as is deemed necessary, charging the Permittee in accordance with the schedule of charges as adopted by the City Council. 2. A Permittee making any excavation or leaving any obstruction which could be a hazard to persons using the right of way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons,and at not more than fifty(50)foot intervals along the excavation or obstruction,from one-half(1/2)hour before sunset of each day to one-half(1/2)hour after sunrise the next day,until the work is completed and the right of way made safe for use. 3. All safety devices shall conform to the requirements of the Manual of Traffic Control Devices,and the California Vehicle Code,so far as such laws,regulations and manuals are applicable. CLEANUP,BACKFILLING AND COMPACTION CODE CONDITIONS: 4. Restoration of Right-Of-Way-Upon completion of the encroachment work authorized by a permit,the Permittee shall restore the right of way, including bridges and any other structure thereon,by replacing, repairing,or rebuilding it in accordance with the specifications or any special requirement but not less than to its original condition before the encroachment work was commenced.The Permittee shall remove all obstructions,materials,and debris upon the right of way and shall do any other work necessary to restore the right of way to a safe and usable condition,as directed by the City Engineer.Where excavation occurs within areas already paved,the City Engineer may require temporary paving to be installed within twenty-four(24) hours after the excavated area is backfilled.In the event that the Permittee fails to act promptly to restore the right of way as provided herein,or should the nature of any damage to the right of way require restoration before the Permittee can be notified or can respond to notification, the City Engineer may, at his option, make the necessary restoration.The Permittee shall reimburse the City in accordance with the schedule of charges as adopted by the City Council. 5. Cleanup After Completion-Immediately after completion of the work,the Permittee shall cleanup and remove all digalert marks,materials,earth and debris of any kind.If the Permittee fails within 24 hours after having been notified to do so by the City Engineer,the work may be done by the City Engineer and the Permittee charged in accordance with the schedule of charges adopted by the City Council. When a pole, guy-stub or similar timber is removed and not replaced,the entire length thereof shall be removed from the ground and the hole backfilled and compacted. 6. Backfilling and Compaction-Backfilling and compaction of an excavation shall be in accordance with standards established by the City Engineer and adopted by resolution of the City Council,both as to material and method.Backfilling shall commence with forty-eight(48)hours after work in a trench is completed. PROTECTION AND REPAIR OF EXISTING FACILITIES CODE CONDITION: 7. The Permittee shall support and protect all wires,cables,pipes,conduits,poles,and other apparatus,both aerial and underground,by a method satisfactory to the owner.The owner has the right to support or protect any of its facilities at the sole expense of the Permittee. In case of any said wires,cables, pipes, conduits,poles or apparatus should be damaged(and for this purpose,pipe coating or other encasement of devices are considered as part of the structure), they may be repaired by the owner at the expense of the Permittee,or,if authorized by the owner,may be repaired by the Permittee under the supervision of the owner.The expense of repairs to any damaged facilities shall be borne by the Permittee. TRAFFIC CONDITIONS: 8. Vehicular and pedestrian traffic on all streets shall be permitted to pass through the work area with as little inconvenience as possible,but at no time shall the roads be closed. 9. Flaggers shall be used on all streets where the traffic is restricted to less than two traffic lanes. 10. Maintaining of vehicular traffic through the work area shall conform to Standard Land Development Specifications Section 7-10 "Public Convenience and Safety/".(Green Book Section 7-10) 11. All improvements within the road right of way which include road signs,road striping,road symbols,etc.,which were damaged removed,or obliterated as a result of the Permittees work shall be repaired and/or replaced.Repairs and replacements shall be equal to or better than the existing improvements and shall match them in finish and dimensions. 12. At the end of each work day,all roads shall be restored to two-way traffic.The road surface shall be brought to a smooth,even condition free of humps and depressions,satisfactory for use by the monitoring public. 13. Detours shall be in accordance with Caltrans Traffic Manual, Chapter 5, and shall be approved by the City Engineer. Applications, including plans, shall be submitted to the City Engineer three weeks before the anticipated date of the detour. Permittee shall continually maintain the permitted work,trenches, backlit!,paving and all other road facilities affected by this permit. ADDITIONAL REQUIREMENTS: 14. All work authorized by this permit shall be performed-1n accordance with the conditions and requirements of the Municipal Code,Ventura County Code, Ventura Countywide Stormwater Quality Management Program(VSQMP),National Pollutant Discharge Elimination System(NPDES)permit CAS004002,and all State and Federal requirements,including those pertaining to the Clean Water Act. 538 15. CALL FOR INSPECTION PRIOR TO PLACING CONCRETE. 16. All Contractors and Subcontractors shall obtain City Business Registration Permit. 17. Protect in place all survey monuments. If any survey monuments will be affected by the work, a California licensed land surveyor or licensed civil engineer legally authorized to practice land surveying is required to re-establish the affected monuments,at the Permittee's expense,prior to work,and a corner record or record of survey shall be filed with County Surveyor(California Business&Professions Code Section 8771. 18. Dig Alert(Underground Service Alert,Dial 811)is to be called for proposed excavation,following the procedures in California Government Code beginning at §4216.A USA number must be obtained before the issuance of the City Permit.The work is not to be called in until the Permit is ready for issuance.All layout and utility markings are to be removed from concrete and decorative surfaces in order to finalize/close the permit. 19. Work hours are 9:00 AM to 3:00 PM,Monday through Friday unless shown otherwise on the approved permit.No work on City Holidays.Notify the City 24 hours in advance of the start of work and every day an inspection will be required at(805)517-6362.A copy of the complete permit and attachments must be on site at all times.Solid waste must be handled by either Waste Management(805) 522-9400, or Moorpark Rubbish Disposal (805) 526-1919, the City's exclusive franchised haulers.No storage or stockpiling of material is to occur in the right of way. INDEMNIFICATION AND HOLD HARMLESS: 20. Permittee shall indemnify,defend,and hold harmless City,its officers,employees,and agents(Indemnitees)from any and all losses,costs,expenses,claims, liabilities,actions,or damages;including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Permittee's authorized activities under the terms of this permit unless solely caused by the gross negligence or willful misconduct of City,its officers,employees,or agents. 21. It is expressly understood and agreed between the parties to this Permit that this is an agreement and permit for access to and for certain events to occur or work to take place on City property.This Agreement and permit is not a construction contract or an agreement for design professional services,as those terms are defined or used under Title 12 of the California Civil Code(§§2772 et.seq.). 22. City does not and shall not waive any rights that it may have against Permittee by reason of this Section,because of the acceptance by City,or the deposit with City,of any insurance policy or certificate required pursuant to this Permit.The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses,liabilities,damages,costs,and expenses described in this Section. INSURANCE: 23. Permittee shall maintain and provide commercial general liability insurance,with coverage at least as broad as Insurance Services Office for CG 00 01,in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate,for bodily injury,personal injury,and property damage.The policy must include coverage for contractual liability that has not been amended.Any endorsement restricting standard ISO"insured contract"language,will not be accepted.Any insurance proceeds available to Permittee in excess of the minimum limits and coverage set forth in this Permit,and which is applicable to a given loss or claim, shall be deemed by this Permit to be applicable to the City.A certificate of insurance evidencing this coverage shall be provided to the City prior to the start of any work under this Encroachment Permit. 24. The City is to be named as an additional insured with an endorsement in favor of the City. 25. Coverage provided by Permittee shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.Any umbrella or excess insurance shall contain,or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance,or self-insurance shall be called upon to protect it as a named insured. 26. A severability of interests provision must apply for all additional insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the insurer's limits of liability.The policy(ies)shall not contain any cross-liability exclusions. 27. 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 in writing. 28. If Permittee maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Permittee.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 29. Permittee must also maintain worker's compensation insurance as required by applicable laws. DUTY TO DEFEND: 30. As an express and material term of City's issuance of this Permit,Permittee agrees to defend,at its sole expense,the indemnitees from and against any and all claims arising out of or related to the permitted encroachment.Permittee's duty to defend shall apply immediately upon demand from the indemnitees for any injury or death to persons or damage to property occasioned by reason of or arising out of the acts or omissions of the City,its officers,employees and/or agents and the acts or omissions of Permittee,his/her/its agents,employees,contractors and subcontractors an/or any other person or entity performing work authorized by this permit. 31. In the event of any controversy,claim or dispute arising out of or relating to this Permit or the violation of any covenant contained herein,the prevailing party shall be entitled to receive from the losing party reasonable expenses,including attorney's fees and costs. 539 December 2016 APPENDIX V STORMWATER POLLUTION PREVENTION PLAN (SWPPP) Appendix V 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 540 City of Moorpark Stormwater Pollution Prevention Plan Over One Acre SWPPP No. (City Engineer/Public Works Director will assign#upon first review of SWPPP) Project is (circle one): Public' Private Project Name: Project Number: Project Location: WDID No.: Capital Improvement Project No.:2 Project Contractor Responsible for SWPPP Implementation: Name/Phone Number Construction Start Date: Construction Completion Date: SWPPP Prepared by: Name and Title: Company Name: Phone Number Date: *Ventura County Municipal Stormwater Permit (Order R4-2010-0108) requires that prior to issuance of a grading or construction permit for construction or demolition project a Local SWPPP shall be approved by the City of Moorpark. The Project's SWPPP submitted to the State Water Resources Control Board as part of the General Construction Permit (Order No. 2009-0009-DWQ) application shall qualify as the City's 1 Public refers to the City of Moorpark, not other public agencies. 2 A CIP number is assigned to Public projects administered by the City of Moorpark. 541 Local SWPPP so long as it meets the Ventura County Municipal Stormwater Permit conditions identified in Parts 4F(I)1 through 4F(I)4 (identified below). Best Management Practices - BMPs Complete the following charts. The BMPs listed may be used if applicable or adequate. Additional BMPs may apply. Please do not attach the BMP Fact Sheets referenced from the CASQA or Caltrans BMP Handbooks to the City's copy of the SWPPP; however, the BMP Fact Sheets must be attached to the SWPPP that is kept at the construction site. BMPs can be downloaded from the CASQA website www.casga.org or Caltrans website http://www.caltrans.ca.gov. BMPs Required for Projects 1 Acre but Less than 5 Acres BMPs Selected—Noted by Ref.ID from the Use BMP (If no,state reason) California Stormwater BMP Handbooks Yes No Erosion Control BMPs EC-1 or Scheduling SS-1 EC-2 or Preservation of Existing SS-2 Vegetation EC-3 or Hydraulic Mulch SS-3 y EC-4SS-or Hydroseeding SS-4 EC-5 or Soil Binders SS-5 EC-6 or Straw Mulch SS-6 EC-7 or Geotextiles& Mats SS-7 EC-8 or Wood Mulching SS-8 Temporary Sediment Control BMPs SE-1 or Silt Fence SC-1 SE-5 or Fiber Rolls SC-5 SE-6 or Gravel Bag Berm SC-6 SE-7 or Street Sweeping &Vacuuming SC-7 SE-8 or Sand Bag Barrier SC-8 SE-10 or Storm Drain Inlet Protection SC-10 TC-1 Stabilized Construction Site Entrance/Exit Stormwater Pollution Prevention Plan for Projects Over One Acre Page 2 of 10 542 BMPs Selected—Noted by Ref.ID from the Use BMP California Stormwater BMP Handbooks (If no,state reason) Yes No Waste Management WM-1 Material Delivery&Storage WM-3 Stockpile Management WM-4 Spill Prevention &Control WM-5 Solid Waste Management WM-8 Concrete Waste Management WM-9 Sanitary/Septic Waste Mgmt. Additional Controls WE-1 Wind Erosion Control TC-2 Stabilized Construction Roadway TC-3 Entrance/Outlet Tire Wash Non-Storm Water Management NS-1 Water Conservation Practices NS-2 Dewatering Operations NS-8 Vehicle& Equipment Cleaning NS-9 Vehicle& Equipment Fueling Enhanced Construction BMP Implementation3 Hillisde (20%> slope)or Direct If applicable, apply Table 9 from Discharge to Arroyo Simi Order No. R4-2010-0108 • 3 Enhanced BMP Implementation Plan should be attached to this SWPPP Form. Stormwater Pollution Prevention Plan for Projects Over One Acre Page 3 of 10 543 BMPs Required for Projects 5 Acres or Greater(In addition to BMPs listed above) BMPs Selected—Noted by Ref. ID from the Use BMP California Stormwater BMP Handbooks (If no,state reason) Yes No Temporary Sediment Control BMPs SE-2 or Sediment Basin SC-2 SE-4 or Check Dam SC-4 Tracking Control BMPs TR-1 or Stabilized Construction TC-1 Entrance/Exit Non-Storm Water Management NS 10 Vehicle and Equipment Maintenance Enhanced Construction BMP Implementation4 Hillside (20%> slope) or Direct If applicable, apply Table 9 from Discharge to Arroyo Simi Order No. R4-2010-0108 See Attachment 3 for BMPs required for roadbed or street paving, repaving, patching, digouts, or resurfacing roadbed surfaces. 4 Enhanced BMP Implementation Plan should be attached to this SWPPP Form. Stormwater Pollution Prevention Plan for Projects Over One Acre Page 4 of 10 544 **POST CONSTRUCTION TREATMENT CONTROL BMPS — Land Based Treatment BMPs below are from VC Technical Guidance Manual for Stormwater Treatment Yes No Reason for Rejection Post Construction Treatment Control BMPs -Infiltration T-10* Infiltration Trench TC-10 T-9*-1Infiltration Basin TC-11 TC-12 Retention/Irrigation Post Construction Treatment Control BMPs—Detention &Settling Tom* Wet Detention Basin TC-20 T-5* Constructed Wetland Basin TC-21 T-3* Extended Detention Basin TC-22 Post Construction Treatment Control BMPs—Biofiltration T-2* Grass Swale Filter TC-30 Vegetated Swale Ti- * Grass Strip Filter TC-31 Vegetated Buffer Strip T-7*& Porous Landscape or Pavement T-8* Detention TC-32 Bioretention Post Construction Treatment Control BMPs—Filtration T-11* Media Filter MP-40 Media Filter(Proprietary) T-6* Sand Filter TC-40 Media Filter Post Construction Treatment Control BMPs—Proprietary Devices Proprietary devices will only be considered after standard treatment control measures in the Tech. Manual (T-1 —T-11) have been rejected. The alternative measure must be suitable for the specific land use and pollutant to be removed. Please see p. 5-120 of the Technical Guidance Manual. TC-50 Water Quality Inlet MP-50 Wet Vault(Proprietary) MP-51 Vortex Separator(Proprietary) MP-52 Drain Inserts(Proprietary) Post Construction Treatment Control BMPs—Other TC-60 Multiple Systems * These are devices listed in the VC Tech Manual which the developer should consider first before considering the devices in CA BMP Handbook. Refer to SQUIMP requirements, available at www.vcstormwater.orq for applicability of post-construction stormwater runoff treatment measures. This list will be updated upon adoption of the VC Municipal SW Permit Order 10-0108 Tech Manual. Stormwater Pollution Prevention Plan for Projects Over One Acre Page 5 of 10 545 Local Storm Water Pollution Prevention Plan Certifications (As required under Ventura County Municipal Stormwater Permit Order 2010-0108) This page must be included in the Certifications section of all SWPPPs Project Name: Project Location: SWPPP #: WDID #: Architect or Engineer Certification "As the architect/engineer of record, I have selected appropriate BMPs to effectively minimize the negative impacts of this project's construction activities on storm water quality. The project owner and contractor are aware that the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness. The BMPs not selected for implementation are redundant or deemed not applicable to the proposed construction activity." Printed Name & Title Signature Date Landowner or Authorized Agent Certification "I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that submitting false and/ or inaccurate information, failing to update the Local SWPPP to reflect current conditions, or failing to properly and/or adequately implement the Local SWPPP may result in revocation of grading and/or other permits or other sanctions provided by law." Printed Name & Title Signature Date Stormwater Pollution Prevention Plan for Projects Over One Acre Page 6 of 10 546 Local Storm Water Pollution Prevention Plan Certifications (As required under Ventura County Municipal Stormwater Permit Order 2010-0108) This page must be included in the Certifications section of all SWPPPs Project Name: Project Location: SWPPP #: WDID #: REVIEWED BY CITY CONSULTANT (If applicable): Name: Title: Signature: Date: REVIEWED BY CITY: Name: Title: Signature: Date: Acceptance or approval of this Stormwater Pollution Control Plan in no way precludes the authority of the agency to require modification to the plan as conditions warrant nor does the agency take responsibility for performance of BMPs provided for in the plan. Stormwater Pollution Prevention Plan for Projects Over One Acre Page 7 of 10 547 ATTACHMENT TO SWPPP CONSTRUCTION SITE INSPECTION CHECKLIST Contractor shall complete this checklist and keep a copy with the SWPPP a minimum of: • Monthly during nonrainy season (April 16 through September 30) • Weekly during rainy season (Oct. 1 through April 15) • Before, during and after a significant rain event (25" or greater) • All hillside sites or sites that directly discharge to Arroyo Simi must be inspected by a qualified SWPPP Developer at least weekly during the wet season and once each 24 hour period during a storm event that generates runoff from the site to identify BMPs that need maintenance to operate effectively, that have failed or could fail to operate as intended. DATE OF INSPECTION: Project Name: Contractor: Weather Conditions during inspection: Compliance Date Completed Item Accomplished YES NO N/A 1 Is the site entrance stabilization adequate? 2 Are equipment/vehicles parked in designated areas and free from significant leaks?Are drip pans present as needed? 3 Are maintenance areas free from stains on the soil? 4 Are all materials stored in bins or covered in plastic and protected from stormwater? 5 Is construction waste being disposed of in proper trash containers? 6 Are concrete washout stations present and being utilized and maintained? 7 Is fugitive dust being controlled and water being used as needed? 8 Are catch basins, drainage channels, drain inlets/outlets being protected? 9 Are erosion control measures (BMPs) identified in SWPPP in place and effective? 10 Are sediment control measures (BMPs) identified in SWPPP in place and effective? 11 If applicable, are enhanced BMPs identified in#7 on p. 5 of SWPPP being implemented as appropriate? Comments: I certify under penalty of law that this inspection is true, and I or a qualified assigned person has performed the required inspection as stated in the SWPPP. Inspector Signature Contractor_Signature Stormwater Pollution Prevention Plan for Pr 'ects Over One Acre Page 8 of 10 5 4 8 ATTACHMENT 2 TO SWPPP TRAINED CONTRACTOR PERSONNEL LOG Employees and subcontractors must be trained on the SWPPP prior to start of construction and annually thereafter. Contractor shall keep original training logs in the SWPPP and forward a copy to the City Engineer/Public Works Director. Stormwater Management Training Log Project Name: Project Number/Location: Stormwater Management Topic: (check as appropriate) O Erosion Control 0 Sediment Control O Wind Erosion Control 0 Tracking Control • Non-stormwater management LI Waste Management and Materials Pollution Control • Stormwater Sampling Specific Training Objective: Location: Date: Instructor: Telephone: Course Length (hours): Attendee Roster(attach additional forms if necessary) Name Company Phone COMMENTS: Stormwater Pollution Prevention Plan for Projects Over One Acre Page 9 of 10 549 ATTACHMENT 3 TO SWPPP . ROADWAY PAVING OR REPAVING OPERATIONS A project that includes roadbed or street paving, repaving, patching, digouts, or resurfacing roadbed surfaces shall include the following BMPs. 1. Restrict paving and repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions. 2. Install sand bags or gravel bags and filter fabric at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat. 3. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm water drainage system or receiving waters. 4. Minimize nnn storm water runoff from water use for the roller and for evaporative cooling of the asphalt. 5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly. 6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly. 7. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled or disposed of properly. 8. Cover the "cold-mix" asphalt (i.e. pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm. 9. Cover loads with tarp before haul-off to a storage site, and do not overload trucks. 10. Minimize airborne dust by using water spray during grinding. 11. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grinding materials or rubble in or near storm water drainage system or receiving waters. 12. Protect stockpiles with a cover or sediment barriers during a rain. Stormwater Pollution Prevention Plan for Projects Over One Acre Page 10 of 10 550 APPENDIX VI Staging Area - fie--Go---- ' . � :� � �.f� .- L r . Honeybee � `- "�' rid 1 — Available 4 ` t O - 4 Staging Area i > , :-p. '4' A ,.1 :a, 6 1 4714 W .:�: "r- _ i g " . Peach Hill Park j;•4,---- L�_� .! _ Via.� � _ = I. rS . ,, i i. �� i ;7-A rim"' ltd i r� m ,, iivi ir, 4 E��: •r.rte j ,� . Golonurinet ' ; To Tierra Rejada Road (approx. 0.2 mile) • Staging area to be located in the Peach Hill Road parking lot for Peach Hill Park (13200 Peach Hill Road) • Space limited to that shown on map above (approximately 1300 sq. ft.) • Staging area must remain fenced at all times. • No obstruction to parking lot traffic flow allowed. Appendix VI 5 51 82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 APPENDIX VII CITY HOLIDAYS—2017 Monday, January 2: New Year's Day Observed Monday, January 16: Martin Luther King, Jr. Day Monday, February 20: Presidents Day Friday, March 31: Cesar Chavez Day Monday, May 29: Memorial Day Monday, July 3: 4th of July Extended Holiday Tuesday, July 4: 4th of July Monday, September 4: Labor Day Friday, November 10: Veterans Day Observed Thursday, November 23: Thanksgiving Day Friday, November 24: Extended Thanksgiving Holiday Monday, December 25: Christmas Day 82000-0016\1800815v1.doc Appendix VII Richards,Watson&Gershon-2015 552 Attachment 2 RESOLUTION NO. 2017- A RESOLUTION OF CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2017/18 BUDGET BY APPROPRIATING $400,812 FROM THE GENERAL FUND (1000) AND $82,153 FROM THE 84-2 STEEPLE HILL T2865 FUND (2302) TO FUND CONSTRUCTION SERVICES RELATED TO TREE IRRIGATION AND MEDIAN ISLAND RENOVATION FOR THE TIERRA REJADA ROAD STREETSCAPE PROJECT (PROJECT NO. M0031) WHEREAS, on February 4, 2015 City Council approved Resolution No. 2015- 3361 which approved a budget amendment in the amount of $20,925 from the General Fund (1000) and $6,975 from the 84-2 Steeple Hill T2865 Fund (2302) to obtain landscape architectural services for the renovation of Tierra Rejada Road Streetscape Project (M0031), between Arroyo Simi and Spring Road; and WHEREAS, on June 17, 2015 the City Council by Resolution No. 2015-3408 approved the City of Moorpark Operating and Capital Improvement Budget for fiscal year 2015/16 per, which included an additional $90,000 for M0031; and WHEREAS, on March 16, 2016 the City Council approved Resolution No. 2016- 3490 which approved a budget amendment in the amount of $97,543 from the General Fund (1000) and $60,506 from the 84-2 Steeple Hill T2865 Fund (2302) for landscape and architectural services for the Tierra Rejada Road Streetscape Project (M0031); and WHEREAS, on November 2, 2017 the City Council approved Resolution No. 2016-3553 which approved a budget amendment in the amount of $265,010.50 from the General Fund (1000) and $2,237.50 from the 84-2 Steeple Hill T2865 Fund (2302) for landscape design services and construction for the Tierra Rejada Road Streetscape Project (M0031); and WHEREAS, on June 21, 2017 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2017/18 which includes $194,220 for the Tierra Rejada Road Streetscape Project (M0031); and WHEREAS, a staff report has been presented to the City Council summarizing the results of the request for proposals for construction of the supplemental tree irrigation system and renovation of the median islands along Tierra Rejada Road, and recommending the award of the contract to Mariposa Landscapes, Inc. with a total contract value of $482,965, which includes a fifteen percent (15%) contingency of $62,995; and WHEREAS, an additional $482,965 is required to finance construction services related to tree irrigation and median island renovation for the Tierra Rejada Road streetscape project and a budget amendment of $400,812 from the General Fund (1000) and $82,153 from 84-2 Steeple Hill T2865 Fund (2302) is requested; and 553 Resolution No. 2017- Page 2 WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $400,812 from the General Fund Reserve (1000) and $82,153 from 84-2 Steeple Hill T2865 Fund (2302) as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of December, 7017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A — Budget Amendment 554 Resolution No. 2017- Page 3 EXHIBIT A BUDGET AMENDMENT FOR GENERAL FUND (1000)AND 84-2 STEEPLE HILL T2865 FUND (2302) FOR CONSTRUCTION SERVICES RELATED TO TREE IRRIGATION AND MEDIAN ISLAND RENOVATION FOR THE TIERRA REJADA ROAD STREETSCAPE PROJECT(M0031) FY 2017/18 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount GENERAL FUND 1000-000-00000-33990 $ 400,812.00 84-2 Steeple Hill T2865 Fund 2302-000-00000-33990 $ 82,153.00 Total $ 482,965.00 EXPENDITURE APPROPRIATION: Account Number Current Budget* Revision Amended Budget 1000-542-M0031-55300 $ 43,512.95 $ - $ 43,512.95 2302-542-M0031-55300 $ 11,585.07 $ - $ 11,585.07 1000-542-M0031-55500 $ 221,472.86 $ 400,812.00 $ 622,284.86 2302-542-M0031-55500 $ 38,398.77 $ 82,153.00 $ 120,551.77 Total $ 314,969.65 $ 482,965.00 $ 797,934.65 *These are the adopted FY 2017/18 ClP budget figures, which exclude budget amendment for confining appropriations after final accounting for 2016/17 project costs. Finance Approval: • 555