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HomeMy WebLinkAboutAGENDA REPORT 2018 0221 CCSA REG ITEM 10E ITEM 10.E.
COTY OF MOORPARK,CALWFORm--
City Council Meeting
ACTION:14 .., !. :. .
MOORPARK CITY COUNCIL
AGENDA REPORT -36',_"
BY: 11.7 .Ii
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Dit%; to
BY: Jessica Sandifer, Community Services Manag
DATE: February 12, 2018 (CC Meeting of 02/21/18)
SUBJECT: Consider Award of Bid to Oakridge Landscape Inc. for Landscape
Renovation in Landscape Maintenance District 22 (Moorpark
Highlands) and Resolution Amending the Fiscal Year 2017/18 Budget
to Fund the Project
BACKGROUND
On July 1, 2015, the City Council approved a Drought Action Plan (DAP) that included
measures to both conserve water within City operations and to promote water
conservation City-wide. Renovation of planters and turf areas in Landscape
Maintenance Districts (LMD's) was among the measures included in the DAP. To
address this measure, staff developed a phased approach that allowed immediate water
savings to be achieved, while allowing time for the design of an appropriate plant palette
for the designated renovation areas.
In LMD areas, Phase I of this work included killing the turf and allowing the dead turf to
remain in place, modifying the irrigation so that only the trees are watered, and placing
bark mulch around the trees. Removal of the dead turf and associated subgrade was to
be completed with Phase II of the work. On August 19, 2015, the City Council approved
an Amendment to the landscape maintenance Agreement with Oakridge Landscape,
Inc. for the Phase I work in LMD 15 along Championship Drive and LMD 22 in the
Moorpark Highlands along Spring Road and Ridgecrest Drive at a total cost of
$155,386. On June 21, 2017, the City Council approved an Agreement with Architerra
Design Group for preparation of landscape plans and specifications for the landscape
renovation in LMD 22 for a total cost of $63,520. On October 18, 2017, the City Council
approved Amendment #1 to Architerra's Agreement to increase the work scope to
include a redesign of the overhead spray irrigation in median islands to an embedded
drip irrigation system in order to comply with the Model Water Efficient Landscape
Ordinance (MWELO), as well as, a renovation of the plants in the median to a drought
tolerant, low-water use plant palette. The amendment added $40,200 to the design
129
Honorable City Council
February 21, 2018
Page 2
costs, bringing the total cost for design of the landscape renovation $103,250. The
landscape renovation plans were completed in November 2017 and on December 20,
2017, the City Council authorized staff to go to bid for the construction of the project.
As approved by City Council, the landscape renovation project will include the
installation of drought tolerant and California native plant material in the parkways and
median islands on Spring Road and Ridgecrest Drive. In addition, revisions have been
made to the irrigation system to bring the system into compliance with the MWELO,
which prohibits such items as overhead spray irrigation within two feet of hardscape,
and requires an irrigation system that produces no runoff onto adjacent hardscape
areas. The landscape architect has specified a drip irrigation system for the parkways
and median islands. The project as designed will finalize Phase 2 of Action item A.2.b of
the DAP, while still maintaining a similar look to what is currently displayed throughout
the Moorpark Highlands.
Staff included a separate bid item consisting of selected trees and shrubs to improve
several slope and streetscape areas that were not included in the construction plan
documents. The additional plant material will be located in the field by City staff and will
not require modifications to the irrigation system. In addition, the bid documents include
an alternative bid item to upsize the plant material noted on the construction plans. This
alternative item was added so that the plant material would be larger when installed and
that the overall look of the new landscaping would be consistent with the mature look of
the landscaping in the community.
DISCUSSION
A notice inviting bids was published on January 19 and January 24, 2018. A mandatory
pre-bid site meeting was held on January 25, 2018 and was attended by three
contractors. Three bids were received by the extended due date of February 12, 2018.
The results, based on the total base bid amount, are:
American Landscape, Inc.. $ 729,722.00
Mariposa Landscapes, Inc. $ 697,548.48
Oakridge Landscape, Inc. $ 607,263.00
The bids were evaluated on their completeness and cost. The apparent low bidder is
Oakridge Landscape, Inc. (Oakridge). Oakridge possesses the necessary
qualifications, resources and experience to perform the work. It should be noted that the
total amount on several of the individual line items for the additional tree and shrub
plantings in slope and non-slope areas submitted by Oakridge were incorrectly
calculated, based on quoted unit prices and quantities. However, because the total
base bid amount was calculated using the correct line item totals and the services will
be paid according to the actual quantity used, staff feels that the errors on the individual
line items are non-material.
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Honorable City Council
February 21, 2018
Page 3
As mentioned, an alternative item was added to the bid documents to upsize the one (1)
and two (2) gallon plant material to five (5) gallon plant material. Of the seven (7) plant
types identified for upsizing, staff selected the following five (5) plant types for upsizing:
Botanical Name Common Name
Convolvulus cneorum Bush Morning Glory
Dietes vegeta African Iris
Festuca mairei Atlas Fescue
Juniperus horizontalis 'Blue Chip' Blue Chip Juniper
Rosa x `Ralph's Creeper' Ralph's Creeper Carpet Rose
The cost to upsize these plant types will add $56,021.00 to the base bid amount.
FISCAL IMPACT
The total cost of the renovation project with upsizing the plant material is $663,284.00
plus a contingency of $99,492.00 for a total contract amount of $762,776.00. Moorpark
Highlands Fund (2322) has sufficient funding to complete this project but funds have not
been budgeted in Fiscal Year 2017/18 for this work.
Staff is requesting a budget amendment from Fund 2322 in the amount of $762,776.00
to fully fund the renovation project. In addition, staff is requesting authorization for the
Finance Department to move $113,248.00 in expenditure appropriations for landscape
architect services from Landscaping cost center (P0004) to Spring Rd/Ridgecrest Dr
Landscape Renovation cost center (M0037) to assist staff with more accurately tracking
expenditures for this project.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Award Bid for Spring Road / Ridgecrest Drive Landscape Renovation project to
Oakridge Landscape, Inc. for a total contract amount of $762,776, and authorize the
City Manager to sign the Agreement, subject to final language approval of the City
Manager; and
2. Adopt Resolution No. 2018- amending the Fiscal Year 2017/18 Budget to
fund the project.
Attachments:
1 —Agreement
2 — Resolution No. 2018-
131
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
OAKRIDGE LANDSCAPE, INC., FOR SPRING ROAD / RIDGECREST DRIVE
LANDSCAPE RENOVATION PROJECT
THIS AGREEMENT, executed as of this day of ,
2018, between the City of Moorpark, a municipal corporation ("City") and Oakridge
Landscape, Inc., a corporation ("Contractor"). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction services related to landscape
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 February 21, 2018, 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
February 21, 2018 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 landscape renovation services, as set forth in Exhibit C
Contractor's Bid Proposal, dated February 12, 2018, 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 C and D.
132
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
six hundred sixty-three thousand two hundred eighty-four dollars ($663,284.00) as
stated in Exhibit C, plus a contingency of ninety-nine thousand four hundred ninety-two
dollars ($99,492.00), for a total contract value of seven hundred sixty-two thousand
seven hundred seventy-six dollars ($762,776.00) without a written amendment to the
agreement executed by both parties. Payment by City to Contractor shall be as referred
to in this Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor's compliance with (a) and (b) and
Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Jeff Myers, 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 six hundred sixty-three
Oakridge Landscape, Inc. Page 2 of 18 133
thousand two hundred eighty-four dollars ($663,284.00) as stated in Exhibit C, plus a
contingency of ninety-nine thousand four hundred ninety-two dollars ($99,492.00), for a
total contract value of seven hundred sixty-two thousand seven hundred seventy-six
dollars ($762,776.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement. _
Contractor shall not be compensated for any additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to this Agreement
executed by both parties.
•
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
City disputes any of Contractor's fees it shall give written notice to Contractor within
thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall
provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the City may proceed in the manner set forth in Section 6-4 of the
Greenbook.
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
Oakridge Landscape, Inc. Page 3 of 18
134
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
Oakridge Landscape, Inc. Page 4 of 18
135
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.
Oakridge Landscape, Inc. Page 5 of 18 136
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
Oakridge Landscape, Inc. Page 6 of 18 137
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
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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: Jeff Myers
Oakridge Landscape, Inc.
28064 Avenue Stanford, #K
Valencia, California 91355
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.
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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.
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27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibits
C and D, attached hereto and incorporated herein by this reference as though set forth
in full. In the event of conflict, the requirements of the City's Bid Package and this
Agreement shall take precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver. -
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK OAKRIDGE LANDSCAPE, INC.
Steven Kueny, City Manager Jeff Myers, President
Attest:
•
Maureen Benson, City Clerk
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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.
Oakridge Landscape, Inc. Page 11 of 18
142
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
Oakridge Landscape, Inc. Page 12 of 18
143
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,
Oakridge Landscape, Inc. Page 13 of 18 144
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
Oakridge Landscape, Inc. Page 14 of 18 145
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.
Oakridge Landscape, Inc. Page 15 of 18 146
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.
Oakridge Landscape, Inc. Page 16 of 18
147
(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
Oakridge Landscape, Inc. Page 17 of 18 148
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.)
Oakridge Landscape, Inc. Page 18 of 18
149
EXHIBIT C
BID
CITY OF MOORPARK
SPRING ROAD/RIDGECREST DRIVE STREETSCAPE REVITALIZATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK:
The undersigned, as Bidder, declares that: (1)this Bid is made without collusion with any other
person and that the only persons or parties interested as principals are those named herein;
(2)the undersigned has carefully examined the Contract Documents (including all Addenda)
and the Project site; and (3)the undersigned has investigated and is satisfied as to the
conditions to be encountered, the character, quality and quantities of Work to be performed, and
the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid r.4
shall be conclusive evidence that such examination and investigation have been made and
agrees, in the event the Contract be awarded to it, to execute the Contract with the City of
Moorpark to perform the Project in accordance with the Contract Documents in the time and
manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment,
apparatus and other means necessary so to do, except as may otherwise be furnished or
provided under the terms of the Contract Documents, for the following stated unit prices or
lump-sum price as submitted on the Bid herein.
The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record.
This Safety Record includes all construction Work undertaken in California by the undersigned
and any partnership, joint venture or corporation that any principal of the undersigned
participated in as a principal or owner for the last five (5) calendar years and the current
calendar year before the date of Bid submittal. Separate information is being submitted for each
such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach
any additional information or explanation of data that it would like to be taken into consideration
in evaluating the Safety Record. An explanation of the circumstances surrounding any and all c
fatalities is attached.
Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount
equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities
shown and the unit prices quoted. The undersigned further agrees that, should it be awarded
the Contract and thereafter fail or refuse to execute the Contract and provide the required F
evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the
undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent
permitted by law.
The undersigned certifies to have a minimum of five(5) consecutive years of current experience
in the type of Work related to the Project and that this experience is in actual operation of the -
firm with permanent employees performing a part of the Work as distinct from a firm operating
entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly F
licensed by the State as a contractor to perform this type of Work. The undersigned possesses
California Contractor's License
sG�Z7, G-G/
Number 79856-5- , Class t ` , which expires on a13.1 1 110�q
Bidder's Name: Oakridge Landsca , Inc.
Signature: Jeff Myers, President Date: 02/12/2018
Signature:
An(
Date:
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150;
i
Addendum No. 1 -Attachment A
Revised Bid Sheets
CITY OF MOORPARK
BID SHEETS FOR
SPRING ROAD/RIDGECREST DRIVE STREETSCAPE REVITALIZATION
I i
Bidder's Name: 00 k i-td , Lccnc kclric,, ,
I
To the Honorable Mayor and Members of the City Council'
l
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the
Contract to furnish all labor, materials, equipment and supplies for the Project in accordance
with the Contract Documents to the satisfaction and under the direction of the Parks and
Recreation Director, at the following prices:
BASE AMOUNT:
ITEM NO. DESCRIPTION UNIT AMOUNT
i
1. MOBILIZATION LS $
t
t �,2(},Co
r:
2. TRAFFIC CONTROL LS $ g
k
3 DEMOLITION (per plans Appendix II) LS $
65. 471 ,Oo k
4. IRRIGATION (per plans Appendix II) LS $
2771 521 tri
5 PLANTING (per plans Appendix II) LS $ I
205.SGs.,(3
Shrubs/trees on slope G
6 r
Estimated I
Cost to include all labor and materials EA i
Quantity needed for planting per plan details,
excluding irrigation modifications
400 5-gallon Acacia redolens'Desert Carpet' 22.ci, $
3,72y.aza r
35 15-gallon Pinus eldarica(low branching) dC $ q�V .'13 4-it�7 a
8 24" box Quercus agrifolia(standard) 30Sb $ 2i,I.1f ! i
25 15-gallon Quercus agrifolia (multi-trunk) $ .
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMONS MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember
151 `
Addendum No 1
Spring Road/Ridgecrest Drive Landscape Renovation
Page 6
u
ITEM NO. DESCRIPTION UNIT AMOUNT
50
5-gallon Heteromeles arbutifolia $ ';s'
2 4-1,ct(9 124.0,ou F=
7. Shrubs/Trees Non Slope ,F,
Estimated Cost to include all labor and materials EA
Quantity needed for planting per plan details, !,
excluding irrigation modifications
45 5 gallon Heteromeles arbutifolia 2 $ .
uF
,51 i t IZI,acr ii
25 5 gallon Rhaphiolepis indica'Clara' O $ k
Z >'12 523,0 it
15 5 gallon Rosmarinus officinalis'Tuscan $
Blue' 21 ,oe, .3 is,t
r.
TOTAL BASE AMOUNT $607216,0V l=
ADDITIVE OR DEDUCTIVE ITEMs:
il-
ITEM NO. DESCRIPTION UNIT AMOUNT L
K
lr'
Add: Cost to upsize the following plants as I:
1 noted, quantity to be per plan: EA-
k,
.
BOTANICAL NAME COMMON NAME Per plan Upsize
r
Convolvulus cneorum Bush Morning Glory 1 gal 5 gal $ 4 102 ,co
Dietes vegeta African Iris 1 gal 5 gal $ '231bo ty
t;
Festuca mairei Atlas Fescue 1 gal 5 gal $ 21 c1(,,00 i.
Hesperaloe parviflora Brakelights Red Yucca 2 gal 5 gal $ I 1
'Brakelights'TM 15�� 0a
Juniperus horizontalis Blue Chip Juniper 1 gal 5 gal $ t•
'Blue Chip' 3F 032,00
Nandina domestica Firepower Nandina 1 gal 5 gal $ 6
'Fire Power' 1L( 2,`33,co
Rosa x 'Ralph's Ralph's Creeper Carpet 1 gal 5 gal $
Creeper' Rose Zjl 7 LI0,c r
TOTAL ADDITIVE OR DEDUCTIVE ITEM(s): $ 115 864.06 r
152'
Addendum No. 1
Spring Road /Ridgecrest Drive Landscape Renovation
Page 7
r.'
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 Specifications.
Therefore, regardless of total actual volume(percentage) compared to estimated quantities, the
unit prices provided above by the Bidder shall be applied to the final quantity when payment is
calculated for these items. No adjustment in the unit prices will be allowed. The City reserves
the right to not use any of the estimated quantities; and if this right is exercised, the Contractor
will not be entitled to any additional compensation Cost of all export of material shall be
included in the above unit costs; no additional compensation will be granted for such expenses. is
TOTAL BID PRICE IN DIGITS: $ 723 r 6Z7 ,
TOTAL BID PRIG I ORDS: ' le u.j,rect fsq,j ©hE! ii</ndre,l -647 - ;
Signature. Title. Pres cen'} Date Z112 163
Signature Title. Date•
i
E
ti
rF
}
153
1
SCHEDULE OF VALUES—Miscellaneous Plantings
(to be included with bid, not a bid item)
During the project, there may be a need for additional trees or shrubs to be planted. Should that
occasion arise, the City will process a change order for these plantings using this schedule of
values. Contractor to complete schedule of values using the following assumptions.
• Contractor to provide labor and other materials (soil amendments, tree stakes etc.)
sufficient to install the plant material per plan details, excluding the cost of the plant
material and irrigation modifications.
• City to provide the plant material and will deliver to location.
• City to determine location of plant material in the field.
Material Cost
36" Box Tree $ 2 SS.00
24" Box Tree $ V oo
15-gallon tree $
15-gallon shrub $
5-gallon shrub $
1-gallon shrub $ 7 3
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82000-001 611919347v1.doc Richards,Watson&Gershon-2016
154
CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
Completed and Signed Bid Cover Form
✓ Completed and Signed Bid Sheets
Completed, Signed and Notarized Questionnaire
Completed References Form
Resume of General Construction Superintendent/On-Site Construction
Manager
Completed Subcontractor Designation Form
Completed and Signed Industrial Safety Record Form
Completed, Signed and Notarized Bid Bond or Other Security Form
✓ I
Signed and Notarized Noncollusion Declaration Form
Completed and Signed Addenda Acknowledgement Form
Signed Environmental, Health and Safety Standards Compliance Form
Signed Workers' Compensation Insurance Certificate
Completed and Signed Agreement to Comply with California Labor Law
Requirements Form
✓ I
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
•
155
QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder's Name: Oakridqe Landscape, Inc.
(2) If the Bidder's name is a fictitious name, who or what is the full name of the registered
owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this
question. If you are doing business under a fictitious name, provide a copy of the filed
valid Fictitious Business Name Statement.
(3) Business Address: 28064 Avenue Stanford, Unit K Valencia, Ca 91355
(4) Telephone: (661)295-7228 Facsimile: (861)295-7230
(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: 798565C-27A`B. C61/D49
Original Date Issued: 08/31/2001 Expiration Date: 08/31/2019
(8) DIR Contractor Registration Number: 1000008346
(9) List the name and title of the person(s)who inspected the P 'eotmitaforyourfinn:
Jason Strauss, Estimating Manager
(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): Jason Strauss. Estimating Manager
(11) Number of years experience the company has as a contractor in construction work: 16_.
(12) List the names, Ut|ea, addresses and telephone numbers of all indh/idua|s, firm
members, partners,joint venturers, and company or corporate officers having a principal
interest in this Bid:
Jeff Myers 28064 Avenue Stanford Unit K Valencia, Ca 91355 (661)295-7228
Victor Valle 28064 Avenue Stanford Unit KValencia. Co91355 (8O1)295-7228
(13) List all current and prior D.B.A.'s, o|ieaes, and fictitious business names for any principal
having interest in this Bid:
N/A
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(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this Bid:
N/A
(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the
company p y 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:
N/A
b. Briefly summarize the parties' claims and defenses:
N/A
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.),
the matter number, and the outcome:
N/A
(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.
N/A
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pfi
(17) Has the company or any principal having an interest in this Bid ever failed to complete a
( project? If yes, explain.
No
(18) Has the company or any principal having an interest in this Bid ever been terminated for
cause, even if it was converted to a "termination of convenience"? If yes, explain.
No
(19) For projects that the company or any principal having an interest in this Bid has been
involved with in the last five(5) years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes No
b. By the owner against you? Circle one: Yes No
c. By any outside agency or individual for labor compliance?
Circle one: Yes No
d. By Subcontractors? Circle one: Yes No
e. Are any of these claims or actions unresolved or outstanding?
Circle one: Yes No
If your answer is "yes"to any part or parts of this question, explain.
N/A
E4
pF
kp
(20) List the last three (3) projects you have worked on or are currently working on for the
City of Moorpark:
Living Smart
City Of Moorpark Maintenance
Masters LMO Trail
Tierra Rejada Streetscape Revitalization Phase
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Upon request of the City, the Bidder shall furnish evidence showing a notarized financial
statement, financial data, construction experience, or other additional information.
Failure to provide truthful answers to the questions above or in the following References Form
may result in the Bid being deemed non-responsive.
The Bidder certifies under penalty of perjury under the laws of the State of California that the
information provided above is true and correct.
Notary Public Company
Subsb 'ped and sworn to me: Signature:
Title: Presid t
Signature: Date: 02/12/2018
This 12 day of - , 20 18
Title: President
Signature:
Signature: Title:
Date:
(SEAL) 4 / (17-
-e;t7(.s
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e
159
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document."
State of California
County of Los Angeles
On February 12, 2018, before me, Susan L. Meza, Notary Public, personally
appeared Jeffrey Myers, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the
person, or the entity on 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.
Witness my hand and official seal.
4
Susan L. Meza, Notary Public
SUSAN L.MEZA
`, Commission#2081088
Notary Public-California I
Los Angeles Co
• Comm. ros Nov un9ty
2018
160
ss
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 West Hills A+B
Project Description Residential Construction, Greenbelts +Parks
Approximate Construction Dates From: To: On going
Agency Name: Newll Land For County Of L.A Special Districts
Contact Person: Tom Hay Telephone: (661)255-4217
Address: 25124 Springfield Court Suite 300 Valencia, Ca 91355
Original Contract Amount: $ 1,300,000.00 Final Contract Amount: $ On going
gr
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Special Districts is adding more and more work
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.
N/A
Project 2 Name/Number Placenta Jr.High School
Project Description Landscape. Irrigating, Fencing, Grading
Approximate Construction Date From: 09-2014 To: 10-2014
Agency Name: William S Hart High School District
Contact Person: Michael Otavka Telephone: (661)752-5740 Ext.274
Address: 21380 Centre Point Parkway, Santa Clarita, Ca
Original Contract Amount: $ 1,150,100.00 Final Contract Amount: $ 1.150,100.00
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161
If final amount is different from original amount, please explain (change orders, extra work, etc.). M'
N/A
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
f<�
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.
N/A
r:11;-
R
ft•
Project 3 Name/Number Ana Verde School t.
Project Description Landscape, Irrigation, D.G &Grading
Approximate Construction Dates From: 03/2014 To: 03/2014
Agency Name: Interex for the City of Palmdale
Contact Person: Bob Lyons Telephone: (661)702-2254
Address: 28338 Constellation Road Suite 900 Valencia, Ca 91355
Original Contract Amount: $ 607.518.00 Final Contract Amount: $ 607,518.00
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.
N/A
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Project 4 Name/Number City of Moorpark LMD Zone 15,20,&22
Project Description Weekly Maintenance
Approximate Construction Dates From: 2014 To On going
Agency Name: City of Moorpark
Contact Person: Alan Walter Telephone' (805)517-6360
Address: 799 Moorpark Ave Moorpark, Ca 93021
Original Contract Amount: $ 41,361.75/mnth Final Contract Amount: $ On going
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
N/A
Project 5 Name/Number LACWM Zone 1
Project Description Weed & Bush Removal
Approximate Construction Dates From: 07/2008 To: Present
Agency Name: LACWM
Contact Person: Isaac Meshreky Telephone: (310)317-1373
Address:
Original Contract Amount: $ 38,000/per season Final Contract Amount: $ On Going
If final amount is different from original amount, please explain (change orders, extra work, etc.).
N/A
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ieJ
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.
N/A
Project 6 Name/Number LA County Fire Department
Project Description Landscape Weed Abatement
Approximate Construction Dates From: 07/2008 To: Present
Agency Name: LA County Fire Department
Contact Person: Mike Niewzal Telephone: (818)890-5760
Address: 1320 N Eastern Ave Los Angeles, Ca
Original Contract Amount: $50,000.00/per season Final Contract Amount: $ On Going
If final amount is different from original amount, please explain (change orders, extra work, etc.).
N/A
rs.
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.
N/A
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RESUME
Attach to this Bid the experience resume of the person who will be designated as General
Construction Superintendent or on-site Construction Manager for the Project.
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165
Ken Aldrich Oakridge Landscape, Inc.
General Manager
Ken Aldrich has 32 years of experience in Southern California's
Landscape Architecture, Master Planned Community, Landscape
Maintenance, and Landscape Construction disciplines. His well-rounded
resume enhances Oakridge Landscape's ability to provide a Consultant
Services Package that understands the intricacies of the Green
Industry. As an integral part of Amenity Construction of the Valencia
Master Plan Community in the Santa Clarita Valley, he has had the
opportunity to manage the design, implementation, and maintenance of
many of Valencia's public parks, medians/parkways, local/areawide
LMDs, and large home builder landscape projects. He has a history of
working collaboratively with public agencies, consultants and home
builders.
Experience
Public Park—Construction
■ Northbridge County Park,Valencia
• Chesbrough County Park,Valencia
■ Valencia Heritage Park,Valencia
• Summit Park,Valencia
• Bridgeport Park,Valencia
• River Village Park,Valencia
• Golden Valley Park,Valencia
• Windrow Park,Oxnard
Maintenance District—Construction
• Bridgeport,Valencia
• Westridge,Valencia
• Westcreek,Valencia
• Living Smart, Moorpark
Public Park and LMD—Maintenance
• Valencia Area Wide#1,Valencia
• Whittier Narrow Park, LA County
• Bonelli Park, LA County
• Rowland Heights Park, LA County
• City of La Canada Flintridge Parks
• Zone 73,74,75 Westridge, LA County
• One 68,69 Westcreek,LA County
• Zone 78,79 Old Road Area Wide, LA County
Oakridge Landscape. Inc 28064 Avenue Stanford, Unit K Valencia, CA 93155
166
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or
about the construction of the Work or improvement, or a Subcontractor licensed by the State of
California who, under subcontract to the Contractor, specially fabricates and installs a portion of
the Work or improvement according to detailed drawings contained in the Plans and
Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid
or, in the case of bids or offers for the construction of streets or highways, including bridges, in
excess of one-half percent(0.5%) of the Contractor's total Bid or$10,000, whichever is greater.
If all Subcontractors do not fit on this page, attach another page listing all information for all
other Subcontractors.
Name under which CSLB License DIR Type of Work Percentage
Subcontractor is Number(s)and Contractor Address and Phone (e
Licensed Class(es) Registration Number Electriof Total Bid
) (e.g., 10%)
cal
and Registered
Number
e
‘40�`
The percentage of the total Bid shall represent the "portion of the work" for the purposes of
Public Contract Code Section 4104(b).
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167
INDUSTRIAL SAFETY RECORD FORM
Bidder's Name Oakridge Landscape, Inc.
Current
Year of 2015 2014 2013 2012 2011 Total
Record
Number of 363 307 359 363
contracts 368
Total dollar amount
of contracts(in
thousands of 21,109 21,882 20,068 17,837 13,252
dollars)
Number of fatalities 0 0 0 0 0 0
Number of lost 1 0 0 2 2 0
workday cases
Number of lost
workday cases
involving 0 0 1 0 0 0
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.
li
Signature: Signature: LAL\11.,\Y
Title. Presid t Title: Safety Coordinator
ti
Date: 02/12/2018 Date: 02/12/2018
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168
Bond No. N/A
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: Spring Road /Ridgecrest Drive Streetscape Revitalization
WHEREAS Oakridge Landscape, Inc. -28064 Avenue Stanford, Unit K,Valencia, CA 91355
(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 SureTec Insurance Company;
3131 Camino del Rio N., Suite 1450, San Diego, CA 92108
(Name and address of Surety)
("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Ten Percent of the Total Amount Bid
Dollars ($ 10% of the Total Bid Amount ), being not less than ten percent
(10%) of the total Bid price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded the Contract for the Work by the Public Agency and, within the time and in the manner
required by the bidding specifications, enters into the written form of Contract included with the
bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and
the other to guarantee payment for labor and materials), and furnishes the required insurance
coverage, then this obligation shall become null and void; otherwise, it shall be and remain in
full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred
by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court.
Surety hereby waives the provisions of Civil Code Section 2845.
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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: February 5, 2018
"Principal" "Surety"
Oakridge Landscape, Inc. SureTec Insurance Company
28064 Avenue Stanford,Unit K,Valencia,CA 91355 3131 Camino del Rio N.,Suite 1450,San Diego,CA 92103
iII
y JR iii 1 yB �4L�.ien
Its: Its: :MR
vir
By: By: /C l
Jason Jai-s
Its: Its: / ► i -t.
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document."
State of California
County of Los Angeles
On February 12, 2018, before me, Susan L. Meza, Notary Public, personally
appeared Jeffrey Myers, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the
person, or the entity on 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.
Witness my hand and official seal.
.•;.,, SUSAN L.MEZA
Commission#2087088
Notary Public-California
Los Angeles County
My Comm.Ex Wes Nov 19.2018 Susan L. Meza, Notary Pu lic
171
i F
ti
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only
the identity of the Individual who signed the document to which this
certificate is attached,and not the truthfulness,accuracy,or validity of
that document.
State of California
County of Los Angeles
OnSbefore me,Thomas Ramirez II, Notary Public,
personally appeared ---..\0\4\111-QA. \L GrelLiNI
who proved to me on the basis of satisfactory
evidence to be the personkwhose nameNkis/a c
subscribed to the within instrument and
acknowledged to me that a/she/ iey executed
the same in ttkher/thejr au orized capacity(ies),
and that by Nher/thesignaturekon the
instrument the per on` ,or the entity upon behalf
of which the person acted,executed the
instrument.
oFTy� THOMAS RAMIREZ II
� ►,� NOTARYPUBLIC-CALIFORNIA _, 1
"fttggm COMMISSION#2106951
^�Ba I certify under PENALTY OF PERJURY under the laws
� OUNTY
ogmon My Comm.Exp.ApS ANGELES ril)13,2019 y of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and o - -al
Signature ♦ t/tfl�a i
OPTIONAL (Information below is not required by law, but may prove to be of value to
persons relying on the Document)
Description of Attached Document
Title or Type of Document: 1.).)(N c2-C6N0
Document Date: Number of Pages:
Signers Other Than Named Above: -
172
POA#: 510541
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Jennifer K.Green
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances,undertakings or othar instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
Ten Million and 00/100 Dollars($10,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999)
In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 17th day of April ,A.D. 2017 .
�SU�NCR SURETEC I : ' • E , i ANY
�e� 14 i Ni. By: +V
if
•-•
10 John Knox �., 'resin •nt
State of Texas ss: 7� 4 `J v
County of Harris "•
On this 17th day of April ,A.D.2017 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that
he resides in Houston,Texas,that he is President.of SURETEC INSURANCE COMPANY,the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
���HYO104% XENIA CHAVEZ
_Notary Public,State of Texas �"�
=,,,•1 '71i( yr Comm.Expires 09-10-2020 LioC�� _
s114"ZP V-4.
a„rrr%a Notary ID 129117659 X avez,Notary Public
y commission expires September 10,2020
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect. •
Given under my hand and the seal of said Company at Houston,Texas this g d. of , :._,,7,
,,,r =_ y_J • • ,A.D.
.B •nt Be ' ,Assistant Se.ratary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
173
NONCOLLUSION DECLARATION FORM
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract�m���e�MwnY�O�� �
In accordance with Public Contract Code Section 7106, the undersigned declares:
| onh the President of Oakridqe Landscape, Inc. . the party making the
foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed penoon, pmrtnmnsh|p,
oonnpony, aosuciation, organization, or corporation. The Bid is genuine and not collusive or
sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a
false or sham Bid. The Bidder has not directly or indirectly colluded, oonapinad, connived, or
agreed with any Bidder or anyone else to put in a sham Bid, orho refrain from bidding. The
Bidder has not in any manner, directly or indirectly, sought by ogrmennerd, connmnunication, or
conference with anyone to fix the Bid price of the Bidder or any other Biddmr, or to fix any
owerhead, profi1, or cost element of the Bid pr|oe, 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 thevemf, or divulged information or data relative
thareto, to any corporation, poMnenoh|p, com9anV, association, organizoUmn. Bid depository, or
to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will
not pay, any Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, pmrtnerohip,
joint venture, limited liability company, limited liability partnenahip, or any other entdv, hereby
represents that he or she has full power to executa, and does exeou1e, this declaration on
behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on 02/12/2018 [date], at
Valencia [city], CA [state].
Signature: Signature:
Printed Name. Jayeno. Prenidert Printed Name:
Date: 02/12/3018 Date:
This form must be notarize '
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174
f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Gr
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."
Y.'
State of California
County of Los Angeles
On February 12, 2018, before me, Susan L. Meza, Notary Public, personally
appeared Jeffrey Myers, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the
person, or the entity on behalf of which the person acted, executed the t'r
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
Witness my hand and official seal. '
. .,�, SUSAN L.MEZA
� :` Commission�'California 7088
Susan L. Meza, Nota Putt is
.-' "--�'�.,,,-�j Notary Public t Notary
�• Los Angeles County
3__ _ MXI Comm.EV Nov 19.2018
175 :
ff
ix-,=
F�
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ADDENDA ACKNOWLEDGMENT FORM
t<.
a
Bidder's Name: OakRidge Landscape, Inc. 'F'
1:;:-
1.1,-
i:-:
.:Lk=
The Bidder shall signify receipt of all Addenda here, if any.
it
Addendum Number Date Received Signature
f=
L
G=
1 02/05/2018 r
K
2 02/08/2018
E
t
i
;i
f.
,
If there are more Addenda than there is room in the chart above, attach another page r
acknowledging receipt of the Addenda. ti-
4
4
Signature /c? k,
Print Name.
Date: February 12,2018
i
1
c.
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COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
1
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chemicals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti-smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time City issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, City may give notice of default to
Contractor, and at the City's option, elect any and all rights or remedies set forth in this
agreement.
Approved by Contractor:
Title Jeff yers, President
Date 02/12/2018
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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
provision fore commencing the performance of the work of this contract."
By
Title: Pres' ent Date: 02/12/2018
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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 co.-, and I will comply with such provisions before commencing the performance of the
work of this contra
Signature % Date 02/12/2018
Printed Name J-/Myers
Company Oakridge Landscape, Inc.
Title President
0-22
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179
WaitCITY OF MOORPARK
�
g�w PARKS,RECREATION&COMMUNITY SERVICES DEPT. 799 Moorpark Avenue,Moorpark,CA 93021
re�`� Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov
February 5, 2018
ADDENDUM NO. 1
for
Spring Road / Ridgecrest Drive Landscape Renovation
Identification No. P&R-2017-4
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for
the above described project are hereby amended as follows:
Clarification:
1.) Existing Irrigation Note, per sheet L-1.1 indicates to remove lateral lines. Will the city
accept the lateral lines to be abandoned in place in lieu of removal and disposal?
A: Yes
2.) Finish Grade Note, per sheet L-1.1 indicates the parkway finish grade shall be at 2" below
curb. Planting Detail C ( Mulch ) /Sheet L-3.11 shows finish grade to be below the mulch.
According to the Mulch Note, per the planting plans, a 3" layer of chipped mulch shall be
installed in all shrub areas. This would mean finish grade would be 3" below curb and not
2". Is this acceptable? Does this finish grade note apply to median work as well?
A: Mulch layer to be 2".
3.) Is this contractor responsible for removal and haul off of the existing soil necessary to
allow for the required plant material and 3" depth of mulch for the parkways areas?
A: Yes, per Demolition Note 2, Sheet L-1.1
4.) Demolition call out #3 (remove and grub groundcover and shrubs, spray and kill
groundcover and weeds) is clearly defined on the demolition plans. These areas on the
corresponding landscape plans are to receive new landscape as well as a 3" layer of
much. Does this mean, the contractor is required to remove and haul off at least 3" of soil,
plus plant material displacement in order to allow for 3" of mulch?
A: Mulch layer to be 2".
5.) Please clarify the scope of work to be completed in the Existing Shrub Areas as indicated
on the landscape plans "to remain" (Society Garlic, Ballerina Indian Hawthorne, African
Iris, and Hardy Rosemary). We anticipate to leave these areas as their current finish
grade. We will install drip irrigation and place a layer of mulch that will match the adjacent
finish grade. Mulch will not be 3"depth in this area. Is this acceptable?
A: Yes, mulch layer to be 2"
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMONS MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember
180
Addendum No. 1
Spring Road/Ridgecrest Drive Landscape Renovation
Page 2
i<
Ff
6.) Per the specifications, working hours are between the hours of 9:00am to 3:00pm. Does
this pertain to traffic control limitations? Meaning, if the contractor is able to work in the
parkways and access the work from the sidewalk?
A: Work may start earlier then 9:00 a.m. if the work does not require a lane closure.
Contractor will not park vehicles in the right-of-way, and will keep the sidewalk open
during the work and not impede pedestrian or vehicular traffic. Materials are to be
dropped off only at locations designated in writing by the City. If it is necessary for
the contractor to maintain a vehicle in the bike lane to conduct work, then a bicycle
lane closure will be required and the standard conditions of the City's
encroachment permit will apply.
7.) Per the specifications, working hours are between the hours of 9:00 am-3.00 pm. Can
traffic control be set up prior to 9:00 am and takedown occur after 3:00 pm?
A: No, traffic control set-up may not begin before 9:00 a.m. L
8.) Does traffic control have to be taken down daily? If so, may equipment be stored in the t,
medians and parkways?
A: Yes, traffic control needs to be taken down daily. No equipment may be stored in
the medians and parkways.
9.) Per the Existing Irrigation Note per sheet L-1.1 indicates "proposed irrigation for this
project is intended to replace existing irrigation control valves, controllers, lateral pipes,
and spray heads." Is it safe to assume, where a new remote control valve is installed,
there is an.existing valve this is replacing?
A: Controllers will not be replaced, but everything else will. Yes, we tried to place the
new valves near existing valves (or at least schematically nearby existing 'valve
locations) while also keeping the system center fed (being center fed is more
important). For our new system (3) to (4) valves should be terminated while only
adding (2) back in. So there will be open spots on the controller and potentially an
existing valve box and location available. Some of these may have to be in a
different location to ensure a more center fed system to allow proper irrigation
functionality.
10.) With regards to existing remote control valve replacement. Does replacement included a
new valve box? If so, please confirm the correct valve box size as we feel the standard
rectangular box may not accommodate the new equipment installed within.
A: A jumbo box can be used, and it can be left up to the contractor as to the brand.
Contractor will ensure there choice will work with the listed equipment. Contractor to
provide submittal on box. is
181 :
Addendum No. 1
Spring Road/Ridgecrest Drive Landscape Renovation
Page 3
11.) Irrigation plans show existing remote control valve that are not being replaced. Are we to
assume these will be abandoned in place?
A: Yes these will be abandoned in place so long as it is ensured they are not being
used anymore and the water/power to these valves have been shut off
• 12.) The irrigation plans indicate new irrigation lateral lines crossing the existing roadway,
however now new sleeving is shown. Is it safe to assume we will be running new lateral
line through the existing sleeve located in this area, or is this contractor required to bore a
new sleeve under the existing roadway?
A: Contractor to use existing sleeving located in the area.
13.) Please clarify the future basket strainer model number. The irrigation legend indicates an
Easton / Model Simplex. However a full model number is required in order to provide
accurate pricing. Will the installation of this "future basket strainer" take place during this
phase of construction?
A: Basket strainer required for future reclaimed water connection. Not a part of this
work.
14) Please clarify the Rainbird Drip Tubing model number. The model indicated in the
irrigation legend is incorrect. •
A: The model number is Rain Bird XFCV-P- it should be copper plated subsurface
check valve with purple stripe for future reclaimed water switch over.
15.) Please clarify the amount required for the "one-time fee" for staff time associated with
processing the C&D plan per specification 7-15.1 page GP-21.
A: C&D requirements are not managed by Parks and Recreation. Please contact
City's Solid Waste staff at 805-517-6241 for more information on fee amounts.
16.) Please clarify the size and spacing required to "fill in the gaps" at the Existing Hemerocallis
area as defined on Planting Plan L-3.1.
A: Bid 5 gallon Hemerocallis, Qty: 250, to fill in the gaps, location to be determined by
City.
17.) Bid Form Item#7 does not indicate the size for the Rosemary. Please clarify.
A: Size to be 5 gallon. Revised Bid Form attached as Attachment A.
18.) Plans do not indicate a post installation maintenance period. Is maintenance required? If
so, please provide the duration.
A: Maintenance period to be 30-days from City acceptance.
182
Addendum No. 1
Spring Road/Ridgecrest Drive Landscape Renovation
Page 4
19.) Detail G/Sheet L-2.11 indicates the drip tubing stakes to be installed at 2' maximum. This
seems excessive. Would 5' be acceptable?
A: The median on-grade tubing needs to be staked every 2'-0" however the buried
parkway tubing can be staked at 3'-0"o.c.
20.) Please provide a project completion date/project duration.
A: Per Section 6-8, General Provisions project duration is 40 working days from Notice
to Proceed.
Plan Changes:
Attachment A, Bid Sheets, has been amended to include an additive item to upsize certain plants
as noted on the revised bid sheet. Cost to be the difference between size per plan and upsize, so
City can fully evaluate costs to include larger plants.
Bid Due Date Extension:
The Bid Due date has been extended to February 12, 2018 at 3:30 p.m.
Last day to submit RFI's will be Wednesday, February 7, 2018 at 3:00 p.m.
This addendum shall be made part of the above referenced project. Full compensation for all
work and requirements of this addendum shall be considered as included in the appropriate price
bid and no additional compensation will be allowed therefore.
Questions regarding this addendum may be directed to the City's Project Representative Jessica
Sandifer, isandiferc moorparkca.gov
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT
JSANDIFER@MOORPARKCA.GOV AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: atkrici ¢ ndSCfa-
Authorized Representative:
Signature of Authorized Repre entative:
183
5'411111trr0P.
CITY OF MOORPARK
LayNolo,.
7-1p� �►•.,'�`, PARKS,RECREATION&COMMUNITY SERVICES DEPT. 1799 Moorpark Avenue,Moorpark,CA 93021
Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov
February 8, 2018
ADDENDUM NO. 2
for
Spring Road / Ridgecrest Drive Landscape Renovation
Identification No. P&R-2017-4
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for
the above described project are hereby amended as follows:
Clarification:
The parkway trees have 2 existing heads at each tree. The irrigation plan shows installing new
heads. Is this existing irrigation to remain? Or are we to remove them and install new heads?
A: Contractor to install new heads and valves per plans. Contractor can utilize existing lateral
lines. System shall be fully operational and free from leaks and defects. City shall inspect
all connections to existing lateral lines prior to filling trench.
This addendum shall be made part of the above referenced project. Full compensation for all
work and requirements of this addendum shall be considered as included in the appropriate price
bid and no additional compensation will be allowed therefore.
Questions regarding this addendum may be directed to the City's Project Representative Jessica
Sandifer,jsandifer(a�moorparkca.gov
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT
JSANDIFER@MOORPARKCA.GOV AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: Oa kr, . L4AI;tSGr
Authorized Representative:
Signature of Authorized Represen ative:
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember
• 184
State of California
Secretary of State
CERTIFICATE OF STATUS
ENTITY NAME:
OAKRIDGE LANDSCAPE, INC.
FILE NUMBER: C2246615
FORMATION DATE: 06/28/2001
TYPE: DOMESTIC CORPORATION
JURISDICTION: CALIFORNIA
STATUS: ACTIVE (GOOD STANDING)
I, ALEX PADILLA, Secretary of State of the State of California,
hereby certify:
The records of this office indicate the entity is authorized to
exercise all of its powers, rights and privileges in the State of
California.
No information is available from this office regarding the financial
condition, business activities or practices of the entity.
i
SPL O Tywh
;,P:•:.' 0, '%V•.•.�'�� IN WITNESS WHEREOF, I execute this certificate
;1t.4_I^P- 9- �'r, and affix the Great Seal of the State of
%0'^;- ''/14� ` �'7-ter"% California this day of June;27, 2:0-.16
wi tik c.': ,A\W.:4 sci 1 00247c,?..s.:Q.....Q___/ 1
41*
ytCq L IFORN. ALEX PADILLA
Secretary of State
NP-25(REV 01/2015) HSD
185
I State of Co 46forrna s E-J62146
4 Secretary of State FILED
Statement of Information In the office of the Secretary of
(Domestic Stock and Agricultural Cooperative Corporations) State of the State of California
FEES(Filing and Disclosure):$25.00. If amendment,see instructions. Feb - 10 2012
IMPORTANT-READ INSTRUCTIONS BEFORE COMPLETING THIS FORM This Space For Filing Use Only
1, CORPORATE NAME
62246615
OAKRIDGE LANDSCAPE,INC
Due Date:
Complete Addresses for the Following(Do not abbreviate the name of the city.Items 2 and 3 cannot be P 0.Boxes)
2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE
28064 AVENUE STANFORD#K VALENCIA CA 91355
3. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA,IF ANY CITY STATE ZIP CODE
28064 AVENUE STANFORD#K VALENCIA CA 91355
4. MAILING ADDRESS OF THE CORPORATION,IF DIFFERENT THAN ITEM 2 CITY STATE ZIP CODE
Names and Complete Addresses of the Following.Officers (The corporation must list these three officers. A comparable
title for the specific officer may be added;however,the preprinted titles on this form must not be altered.)
b, CHIEF EXECUTIVE OFFICER! ADDRESS CITY STATE ZIP CODE
,tJEFFREY EARL".MYERS v•25730.:SAND,GANYON ROAD CANYON COUNTRY,CA 91387
6. SECRETARY ADDRESS CITY STATE ZIP CODE
DENISE BARBARA IVIYERS 25730 SAND CANYON ROAD CANYON COUNTRY,CA 91387
7 CHIEF FINANCIAL OFFICER! ADDRESS CITY STATE ZIP CODE
JEFFREY EARL MYERS 25730 SAND CANYON ROAD CANYON COUNTRY CA 91387
Names and Complete Addresses of All Directors,Including Directors Who Are Also Officers (The corporation
must have at least one director Attach additional pages,if necessary)
8. NAME ADDRESS CITY STATE ZIP CODE
JEFFREY EARL MYERS 25730 SAND CANYON ROAD CANYON COUNTRY,CA 91387
8 NAME ADDRESS CITY STATE ZIP CODE
10.NAME ADDRESS CITY STATE ZIP CODE
11_ NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS,IF ANY:
Agent for Service of Process (If the agent is an individual,the agent must reside in California and Item 13 must be completed
with a California street address(a P.O.Box address is not acceptable). If the agent is another corporation,the agent must have on file with
the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 13 must be left blank.)
12. NAME OF AGENT FOR SERVICE OF PROCESS
JEFFREY EARL MYERS
13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA,IF AN INDIVIDUAL CITY STATE ZIP CODE
25730 SAND CANYON ROAD VALENCIA,CA 91387
VMSIMMISt
Type of Business
14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION
LANDSCAPE CONTRACTOR
—40
15.BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE,THE CORPORATION CERTIFIES THE INFORMATION
CONTAINED HEREIN,INCLUDING ANY ATTACHMENTS,IS TRUE AND CORRECT
02/10/2012 SUSAN LOUISE MEZA OFFICE MANAGER
DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE
SI-200 C(REV 10!2010) APPROVED BY SECRETARY OF STATE
186
WAIVER OF NOTICE AND CONSENT TO HOLDING
OF AN ANNUAL MEETING OF
THE BOARD OF DIRECTORS OF
OAKRIDGE LANDSCAPE, INC.
Pursuant to the Bylaws of this corporation and the California Corporations Code,
the undersigned, being all of the duly elected directors of the corporation, desiring to
hold an annual meeting of the Board of Directors for the purpose of conducting the
affairs of the corporation described below, do hereby waive notice and consent to the
holding of this meeting, at the time, on the day and at the place set forth as follows:
TIME: 10:00 a.m.
DATE: March 31, 2016
PLACE: 8618 Haskell Avenue
North Hills, CA 91343
Said meeting is to be held to elect the corporation's officers, to review reports of
the operations,to discuss the general business and financial status of the corporation;
and, to transact such other business as may be germane and is properly brought before
said meeting.
We do further agree that any business transacted at this meeting shall be valid
and legal, and of the same force and effect as though this meeting was called and held
after notice had been duly given.
This Waiver of Notice and Consent may be executed in one or more
counterparts, each of which shall be an original and all of which together shall be one
1
260759 14(174-2201
187
and the same instrument. This Waiver of Notice and Consent shall be filed in the
minute book of this corporation and become a part of the records of this corporation.
Dated March 31, 2016
JEFFt1Y E. MYERS
Director
D NISE MYERS,
Director
2
260759.1 4074-2201
188
MINUTES OF AN ANNUAL MEETING OF
THE BOARD OF DIRECTORS OF
OAKRIDGE LANDSCAPE, INC.
The undersigned, being all of the directors of the corporation, by their signatures
on the Waiver of Notice and Consent, or on a counterpart thereof, hereby adopt the
following resolutions on behalf of the corporation, pursuant to the Bylaws of the
corporation and the California Corporations Code, at the time, on the day and at the
place set forth as follows:
TIME. 10:00 a.m.
DATE. March 31, 2016
PLACE: 8618 Haskell Avenue
North Hills, CA 91343
There were present at the meeting the following directors, constituting a quorum
of the full board:
JEFFREY E. MYERS
DENISE MYERS
There were absent:
NONE
The following individuals also were present at the meeting:
VICTOR VALLE
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260759 1 4074-2201
189
The annual meeting of the board of directors was called to order at 10:00 a.m.at
the principal office of the corporation. JEFFREY E. MYERS was elected to Chair the
meeting, and DENISE MYERS was elected as Secretary of the meeting.
WAIVER
The Chair called the meeting to order and announced that the meeting was held
pursuant to a written Waiver of Notice and Consent signed by all of the directors of the
corporation. Such Waiver of Notice and Consent was presented to the meeting, and
upon a motion duly made, seconded and unanimously carried, was made a part of the
records of the meeting, ordered inserted in the minute book and now precedes the
minutes of this meeting in the minute book of the corporation.
LAST MEETING
The minutes of the meeting of the board of directors, last held on March 31,
2015, were read to those present. There being no objections or modifications thereto,
the same were unanimously approved.
DISCUSSION
This regular annual meeting of the board of directors is being held immediately �.
following the adjournment of the annual meeting of the shareholders. The Secretary
reported that all of the directors had been reelected at the shareholder's meeting just
adjourned. Financial statements of the corporation, copies of which had previously
• 2
260759 1 4074-2201
r
190
been sent to the directors,were discussed, and the President reviewed with the
directors the current operations of the corporation
RESOLUTIONS
ELECTION OF OFFICERS
The meeting then proceeded to the election of officers of the corporation. The
Chair stated that, in accordance with the Bylaws of this corporation,the Board of
Directors should nominate and elect the officers for the ensuing year. There was a
discussion of the election of officers for the coming year.
The following persons were nominated for and, upon motion duly made,
seconded and unanimously carried, elected to the offices indicated before their names
to serve until the next annual meeting of the board of directors, or until their successors
are elected and qualified:
President: JEFFREY E. MYERS
Vice President: DENISE MYERS
Secretary: DENISE MYERS
Chief Financial Officer: JEFFREY E. MYERS
Upon motion duly made, seconded and unanimously carried,the following
resolutions were adopted:
RESOLVED, that for purposes of giving any reports or executing
any documents requiring the signature of the "Treasurer,"the Chief
Financial Officer is deemed to be also the Treasurer of this corporation.
3
260759 1 4074-2201
191
RESOLVED FURTHER, that the President of this corporation is
Ix
authorized, until otherwise ordered, to enter into, execute and deliver in
the name and on behalf of this corporation, any contract, agreement,
conveyance or any other instrument that may be deemed necessary and
proper for the business of the corporation, without further act or resolution
of this board of directors, and that the Secretary is authorized and directed
to attach the corporate seal by her signature. 4=
RESOLVED FURTHER, that the duty of the President is to look
after all matters pertaining to the management of this business: to see
that each and every department is brought up to its highest efficiency, with
full power to transact anyand all business pertainingto the affairs of this
corporation; to make and sign all contracts with employees, selling
i
agencies, salespeople and others, and all such other contracts which may
be necessary for conducting the affairs of this corporation from time to
:r.
time, to look after every detail pertaining to this business through its
{
employees; to confer and advise with the other executive officers on all
important matters, whenever it is practical to do so,and whenever the
other executive officers are readily accessible for such conference. All
employees will be subject to the direction of the President and will be
responsible to the President. The President in turn will be subject to the
acts of the board of directors, making the reports as he may be called on
to render at any time, offering the suggestions to the board of directors as
in his judgment will be for the betterment of the business.
4
2607591 4074-2201
192 ;
DISTRIBUTIONS
There was a discussion of the payment of distributions by the corporation. Upon
motion duly made, seconded and unanimously carried, the following resolution was
adopted:
RESOLVED, that in view of the current operating results of the
corporation and the needs of the corporation for working capital and its
contemplated capital expenditures, no distributions shall be declared or
paid with respect to the stock of the corporation for the fiscal year ended
December 31, 2015.
CORPORATE FILINGS
The meeting then proceeded to the discussion of corporate filings. After
discussion and upon motion duly made, seconded and unanimously carried, the
following resolution was adopted:
RESOLVED, that any officer of this corporation be, and each of
them hereby is, authorized and directed to prepare,or cause to be
prepared, and file, or cause to be filed, such documents, statements,
applications and tax returns as may be necessary or appropriate to
continue the business of this corporation.
RESOLVED FURTHER,that any officer of this corporation is
authorized and directed to make such filings and applications, including,
but not limited to,the"Statement By Domestic Stock Corporation" required
by Section 1502 of the California General Corporation Law, and to
5
2607591 4074-2201
193
p+.
C_-
R
execute and deliver such documents and instruments,file such certificates
or reports, and to do such acts and things as such officer deems
necessary or appropriate in order to obtain such licenses, authorizations
and permits as are necessary or desirable for the conduct of the
corporation's business or to fulfill such legal requirements as are
applicable to this corporation or its business as may be required by law to
be filed in any state, or in any territory or dependency of the United States,
or in any foreign country, in which the officers will find it necessary to file
them to authorize the corporation to transact business in that state, I
territory, dependency or foreign country. i
COMPENSATION
t`
The next matter to come before the board of directors was the consideration of tK
the payment of compensation to the officers of the corporation for services that each ry
has rendered to OAKRIDGE LANDSCAPE, INC. After discussion, upon motion duly
made, seconded and unanimously carried,the following resolutions were adopted:
NOW THEREFORE, BE IT RESOLVED,that the compensation,
includinganybonuses, paid to the senior officers as appears on the
pp
books, records and tax returns of the corporation in the aggregate amount 5.
of$238,855.00 is hereby reviewed, approved, ratified and deemed
consistent with the terms and conditions of their employment. I
RESOLVED FURTHER, that if compensation payments made to an
1
officer of the corporation shall be disallowed in whole or in part as a
6
260759 1 4074-2201
194 `
deductible expense for federal income tax purposes,that payment shall be
reimbursed by such officer to the corporation to the full extent of the
disallowance. It shall be the duty of the board of directors to enforce
payment of each such amount disallowed.
The next matter to come before the board of directors was the consideration of
the payment of compensation to the officers of the corporation for services that each
shall perform for OAKRIDGE LANDSCAPE, INC .for the upcoming fiscal year After
discussion, upon motion duly made, seconded and unanimously carried, the following
resolutions were adopted:
WHEREAS, there has been presented to and considered at this
meeting a proposal for the payment of compensation to the officers of the
corporation; and
WHEREAS,the adoption of said proposal appears to be in the best
interests of this corporation,
NOW THEREFORE, BE IT RESOLVED, that the salary paid to the senior officers
for the upcoming fiscal year be in an amount not to exceed$350,000.00, plus additional
compensation in the form of a bonus to be later declared,to be paid in no particular
monthly amounts, when and as funds become available.
RATIFICATION
The Chair reviewed the progress, operations and activities of the corporation for
the previous year; reported on its financial condition and presented the financial
statements for said previous year, a copy of which is on file with the corporation and by
7
260759 1 4074-2201
195
this reference made a part hereof; reported that the board of directors knows of no facts
which would subject the corporation to any tort liability; and then proposed and
requested that the board of directors ratify those previous actions of the officers of the
corporation. Upon motion duly made and seconded,the following resolutions were
adopted unanimously:
RESOLVED, that all the acts and actions, conduct and effects
taken by the officers of this corporation since the proceedings of the last
meeting of the Board of Directors are hereby ratified, approved and
adopted in all respects, however, for only those actions which were
;x
undertaken for the direct benefit of the corporation and not otherwise.
OMNIBUS RESOLUTIONS :!;
RESOLVED, that the proper officers of this corporation are
authorized and directed in behalf of the corporation and under its s:
corporate seal,to make and file the certificate or report as may be r`
required by law to be filed in any state, or in any territory or dependency of
the United States, or in any foreign country, in which the officers will find it ,
necessary to file them to authorize the corporation to transact business in a.
that state,territory, dependency or foreign country.
RESOLVED, that the officers of this corporation are, and each
acting alone is, hereby authorized to do and perform any and all such
acts, including execution of any and all documents and certificates, as
8
260759 1 4074-2201
196 ;
said officers shall deem necessary or advisable, to carry out the purposes
of the foregoing resolutions.
RESOLVED FURTHER, that any actions taken by such officers
prior to the date of the foregoing resolutions adopted hereby that are
within the authority conferred thereby are hereby ratified, confirmed and
approved as the acts and deeds of this corporation as if such execution
was authorized by the board of directors in advance.
RESOLVED FURTHER, that the board of directors have authorized
the President and the President shall indemnify all officers, directors,
agents and employees for actions taken in the last fiscal year in
accordance with the following:
The corporation shall, to the maximum extent
permitted by the California General Corporation Law, have
power to indemnify each of its agents against expenses,
judgments, fines, settlements and other amounts actually
and reasonably incurred in connection with any proceeding
arising by reason of the fact that any such person is or was
an agent of the corporation, and shall have power to
advance to each such agent expenses incurred by defending
any such proceeding to the maximum extent permitted by
that law For purposes of this resolution, an"agent"of the
corporation includes any person who is or was a director,
officer, employee or other agent of the corporation, or is or
9
260759 1 4074-2201
i
197
ii
Ej
was serving at the request of the corporation as a director,
officer, employee or agent of another corporation,
partnership,joint venture, trust or other enterprise, or was a
director, officer, employee or agent of a corporation which
was a predecessor corporation of the corporation or of
another enterprise serving at the request of such
predecessor corporation.
FURTHER RESOLVED,that the Secretary of the corporation be
and is hereby directed to certify these resolutions and deliver certified
copies thereof to support the authority of the above officers to act for and
on behalf of the corporation
*THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK*
E•
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ADJOURNMENT
There being no further business to come before the meeting at this time, upon
motion duly made, seconded and unanimously carried, the meeting was adjourned.
I)+EN1SE M REY S;
Secretary
ATTEST
JEFFREY MYERS,
Chair L
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i?
CERTIFICATE OF SECRETARY
I, DENISE MYERS, the duly elected, qualified, and acting Secretary of
OAKRIDGE LANDSCAPE, INC., a duly organized and qualified California corporation,
hereby certify that attached hereto is a true,full and correct copy of the resolutions of
the board of directors of the corporation adopted on March 31, 2016, and that the same
have not been amended, rescinded or revoked and remain in full force and effect
without modification on the date hereof.
IN WITNESS WHEREOF, I have hereunto set my hand as the Secretary of said
corporation on March 31, 2016, at North Hills, California. F-
a•
DENISE MYERS,
Secretary
260759 I 4074-2201 12
200
EXHIBIT D
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CITY OF MOORPARK
CONTRACT DOCUMENTS
FOR
SPRING ROAD / RIDGECREST DRIVE
STREETSCAPE REVITALIZATION PROJECT
IDENTIFICATION NO. P&R - 2017-4
82000-0016\1919347v1.doc Richards,Watson&Gershon-2016
201
TABLE OF CONTENTS
Page
NOTICE INVITING BIDS NC-1
INSTRUCTIONS TO BIDDERS I-1
CHECKLIST FOR BIDDERS 1-5
BID B-1
SAMPLE CONTRACT C-21
INSURANCE REQUIREMENTS C-30
PAYMENT BOND (LABOR AND MATERIALS) C-35
PERFORMANCE BOND C-37
CHECKLIST FOR EXECUTION OF CONTRACT C-40
GENERAL PROVISIONS GP-1
SECTION 0. GENERAL PROVISIONS DEFINED 1
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS 1
SECTION 2. SCOPE AND CONTROL OF THE WORK 2
SECTION 3. CHANGES IN WORK 5
SECTION 4. CONTROL OF MATERIALS 5
SECTION 5 UTILITIES 6
SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF
THE WORK 9
SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR 13
SECTION 8. FACILITIES FOR AGENCY PERSONNEL 21
SECTION 9. MEASUREMENT AND PAYMENT 21
SECTION 10. ADDITIONAL TERMS 25
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TABLE OF CONTENTS
Page
APPENDIX I: SCOPE OF WORK I
APPENDIX II: LANDSCAPE ARCHITECTURAL CONSTRUCTION
DOCUMENTS FOR TIERRA REJADA STREETSCAPE
REVITALIZATION - PHASE 1 II
APPENDIX III: STORMWATER POLLUTION CONTROL PLAN III
APPENDIX IV: CITY HOLIDAYS IV
Richards,Watson&Gershon-2015
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NOTICE INVITING BIDS
FOR
Spring Road/ Ridgecrest Drive Streetscape Revitalization [the "Project"]
Identification number: P&R—2017 -4
NOTICE IS HEREBY GIVEN that the City of Moorpark, California ("City") invites sealed Bids for the
Project and will receive such bids in the office of the City Clerk of the City of Moorpark at 799 Moorpark
Avenue, Moorpark, California, 93021 up to the hour of 3:30 p.m. on the 7th day of February 2018, at
which time they will be publicly opened and read aloud. The official bid clock, which will establish the
official bid time, will be determined by the City Clerk's Division of the City of Moorpark.
MANDATORY PRE-BID MEETING AND SITE VISIT. A mandatory pre-bid meeting will be held
on January 25, 2018 at 9:00 a.m. at the terminus of Ridgecrest Drive, followed by a mandatory
site visit. Every Bidder is required to attend the pre-bid meeting and Project site visit. 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
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.
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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.
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INSTRUCTIONS TO BIDDERS •
FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all
forms and fill in all blank spaces, including inserting "N/A" (for not applicable) where necessary.
The Bid shall be enclosed in a sealed envelope bearing the Bidder's name and the Project
name and identification number as described in the Notice Inviting Bids.
DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place
specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives
will be considered. The time of delivery shall be conclusively determined by the time-stamping
clock located at the City Clerk's office. Bidders are solely responsible for ensuring that their
Bids are received in proper time, and Bidders assume all risks arising out of their chosen means
of delivery. Any Bid received after the Bid submission deadline shall be returned unopened
Bidders are invited to be present for Bid opening. Accepted Bids shall become the property of
the City.
AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause
the Bid to be deemed incomplete and non-responsive.
WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the
Bidder filed with the City Clerk before the Bid submission deadline. Bids must remain valid and
shall not be subject to withdrawal for sixty (60) Days after the Bid opening date.
BIDDER'S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier's check
payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as
principal and an admitted surety insurer as Surety, in an amount not less than ten percent(10%)
of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee
that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents,
and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15)
Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder's
refusal or failure to do so, the City may award the Contract to the next lowest responsible
bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the
City to the extent permitted by law. No Bid Bond will be accepted unless it conforms
substantially to the form provided in these Contract Documents.
QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall
be considered as approximations listed to serve as a general indication of the amount of Work
or materials to be performed or furnished, and as basis for the Bid comparison. The City does
not guarantee that the actual amounts required will correspond with those shown. As deemed
necessary or convenient, the City may increase or decrease the amount off 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.
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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.
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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
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Og
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
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PAGES 1-5 , B- 1 THRU B-22 , AND C-
23 THRU C-36
ARE EXHIBIT C AND THE
AGREEMENT DOCUMENTS ,
RESPECTIVELY, AND HAVE BEEN
LEFT OUT SO AS NOT TO BE
DUPLICITOUS
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:
SPRING ROAD/RIDGECREST DRIVE STREETSCAPE REVITALIZATION
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the Public Agency to
secure the claims to which reference is made in Title 3 (commencing with Section 9000) of
Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers,
material suppliers, and other persons employed in the performance of the Contract and referred
to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal
sum of
Dollars ($ ), for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or
labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the principal, any of its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
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The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Contract or the Specifications accompanying the same shall in any
manner affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its
governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of
any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE
OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended)and be authorized to transact business in the State where the project is located.
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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:
SPRING ROAD/ RIDGECREST DRIVE STREETSCAPE REVITALIZATION
(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; 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
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213
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary
of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its
governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note- This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT
BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
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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#
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CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
Two (2) executed and notarized copies of the Contract
Two (2) copies of the Payment Bond in amount of the Contract
Two (2) copies of the 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
Copy of City business license
Additional insured endorsement (ongoing and completed operations) —
comprehensive general liability
Additional insured endorsement—automobile liability
Additional insured endorsement—excess liability (if applicable)
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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.
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•
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.
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2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of
Completion. The Material and Labor Bond shall remain in force until expiration of the time
within which the California Labor Commissioner may serve a civil wage and penalty assessment
against the principal, any of its subcontractors, or both the principal and its subcontractors
pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint
labor management committee may commence an action against the principal, any of its
subcontractors, or both the principal and its subcontractors pursuant to Labor Code
Section 1771.2.
Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond
that is valid for one year from date of recordation of Notice of Completion by the County
Recorder, in the amount of one hundred percent (100%) of the Contract Price. In lieu of the
warranty or maintenance Bond, Contractor may submit proof from the Surety that the
performance Bond has been extended for the appropriate duration of time. Other than the
details listed herein, the warranty or maintenance Bond shall adhere to the requirements for
Bonds in Section 2-4 of the Standard Specifications. Nothing herein shall abridge or amend
Section 6-8.3 of the Standard Specifications or the related provisions in these Contract
Documents.
All Bonds must be submitted using the required forms, which are in the Contract Documents, or
on any other form approved by the City Attorney.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General
In addition to the requirements under Section 2-5.1 in the Standard Specifications, the
Contractor shall maintain a control set of Plans and Specifications on the Project site at all
times. All final locations determined in the field, and any deviations from the Plans and
Specifications, shall be marked in red on the control set to show the as-built conditions. This
control set of Plans shall also be edited for all Addenda, Requests for Information, Change
Orders, field changes not involving cost, and any other variation that occurred during
construction. Upon completion of all Work, the Contractor shall return the control set to the City.
Final payment will not be made until this requirement is met.
Where a work feature is shown on the drawings or identified in the Specifications but is not
specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the
requirement to construct, install, or construct and install that work feature, the Contractor is
required to complete the work feature. All costs to the Contractor for constructing, installing, or
both constructing and installing such a work feature shall be included in the Bid.
2-5.2 Precedence of the Contract Documents
With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control
over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that
order) shall control over the Bid, such that the order of precedence shall be as follows'
1. Permits issued by regulatory agencies with jurisdiction.
2. Change Orders and Supplemental Agreements, whichever occurs last.
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3. Contract/Agreement.
4. Addenda.
5. Notice Inviting Bids.
6. Instructions to Bidders.
7. Bid/Proposal.
8. General Provisions.
9. Special Provisions.
10. Plans.
11. Standard Plans.
12. Standard Specifications.
13. Reference Specifications
2-7 SUBSURFACE DATA
If the City or its consultants have made investigations of subsurface conditions in areas where
the Work is to be performed, such investigations shall be deemed made only for the purpose of
study and design. If a geotechnical or other report has been prepared for the Project, the
Contractor may inspect the records pertaining to such investigations subject to and upon the
conditions hereinafter set forth. The inspection of the records shall be made in the office of the
City. It is the Contractor's sole responsibility to determine whether such investigations exist,
and the City makes no affirmative-or negative representation concerning the existence of such
investigations.
The records of any such investigations are made available solely for the convenience of the
Contractor. It is expressly understood and agreed that the City, the City, their agents,
consultants or employees assume no responsibility whatsoever with respect to the sufficiency or
accuracy of any investigations, the records thereof, and the interpretations set forth therein. No
warranty or guarantee is expressed or implied that the conditions indicated by any such
investigations or records are representative of those existing in the Project area. The
Contractor agrees to make such independent investigations and examination as necessary to
be satisfied of the conditions to be encountered in the performance of the Work.
The Contractor represents that it has studied the Plans, Specifications and other Contract
Documents, and all surveys and investigation reports of subsurface and latent physical
conditions, has made such additional surveys and investigations as necessary for the
performance of the Work at the Contract Price in accordance with the requirements of the
Contract Documents, and that it has correlated the results of all such data with the requirements
of the Contract Documents. No claim of any kind shall be made or allowed for any error,
omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any
other report or data furnished or not furnished by the City
2-9 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any
discrepancies before proceeding with related Work. The Contractor shall perform all survey and
layout Work per the benchmark information on the Project Plans. All surveying Work must
conform to the Professional Land Surveyors' Act (Business and Professions Code Section 8700
et seq) All Project surveying notes and "cut-sheets" are to be provided to the City after the
completion of each surveying activity and all final surveying notes shall be provided before final
payment to the Contractor.
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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
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the Special Provisions. The cost of all other tests, including the retesting of material or
workmanship that fails to pass the first test, shall be borne by the Contractor.
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the
burden of proof as to the comparative quality and suitability of alternative equipment or articles
or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense,
all information necessary or related thereto as required by the City. All requests for substitution
shall be submitted, together with all documentation necessary for the City to determine
equivalence, no later than five (5) Days before the Bid submission deadline, unless a different
deadline is listed in the Special Provisions.
SECTION 5 UTILITIES
The provisions below shall supplement but not replace those provisions in Section 5 of the
Standard Specifications.
5-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained.
The methods used and costs involved to locate existing elements, points of connection and all
construction methods are the Contractor's sole responsibility. Accuracy of information
furnished, as to existing conditions, is not guaranteed by the City The Contractor, at its sole
expense, must make all investigations necessary to determine locations of existing elements,
which may include contacting Underground Service Alert and other private underground locating
firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert
Identification Number issued by Underground Service Alert during the course of the Project, the
Contractor must submit to the City the following form. The Contractor shall be responsible for
preserving the integrity of the existing underground utilities at the site.
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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.
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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:
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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.
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One (1) week before the scheduled pre-construction meeting, the Contractor must submit a
construction schedule to the City for review and approval. The Contractor shall make revisions
as required by the City. The schedule must account for all subcontract work, as well as the
work of the Contractor, submittals, coordination with the other contractors performing concurrent
work and the Traffic Control Plan. The Contractor shall update this Construction Schedule
when directed by the City, or when:
a. A Change Order significantly affects the Contract completion date or the
sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is
changed and does not conform to the Contractor's current accepted Project construction
schedule.
6-1.1.1 Pre-Construction Meeting
Approximately ten (10) Days before the commencement of Work at the site, a pre-construction
meeting will be held at the City and shall be attended by the Contractor's Project manager, its
on-site field superintendent, and any Subcontractors that the Contractor deems appropriate.
Attendance by the Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City for
approval a minimum of two (2) Working Days before the pre-construction meeting. Unless
previously submitted to the City, the Contractor shall bring to the pre-construction conference
copies of each of the following
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring
long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress
payment purposes.
5) Written designation of the on-site field superintendent and the Project manager.
Both daytime and emergency telephone numbers shall be included in the written
designation.
The purpose of the meeting is to designate responsible personnel and establish a working
relationship. The parties will discuss matters requiring coordination and establish procedures
for handling such matters. The complete agenda will be furnished to the Contractor before the
meeting date. The Contractor shall be prepared to discuss all of the items listed below.
1) The Contractor's construction schedule.
2) Notification of local residents before starting any Work and keeping them
informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor's submittals.
4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes.
8) NPDES requirements, if any.
9) Field decisions and Change Orders.
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10) Use of Project site, office and storage areas, security, housekeeping, and the
City's needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.
6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting
location, day of the week and time of day will be mutually agreed to by the City and the
Contractor. The Contractor shall provide a two (2) week "look ahead" schedule for each
meeting. The construction manager will preside at these meetings and will prepare the meeting
agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work
progresses, if it is determined by agreement of the attendees, that weekly meetings are not
necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications,
which allow termination upon any written notice, the City may cancel the Contract for any other
reason or for no reason upon thirty (30) Days' written notice The rest of the procedure outlined
in Section 6-5 shall apply to such situation, including the Contractor's required immediate
notification of Subcontractors and suppliers and the payment. In no event(including termination
for impossibility or impracticability, due to conditions or events beyond the control of the City, for
any other reason or for no reason) shall the total amount of money to Contractor exceed the
amount which would have been paid to Contractor for the full performance of the services
described in the Contract.
Furthermore, some of the City's projects are funded in whole or in part by funds other than the
City's General Fund. If this Project is funded by such external funds in whole or in part, or if
those external funds are terminated or reduced at any time and for any reason or for no reason
at all, and the City determines at its discretion that no other funding is available for continuation
of this Project, the City will not be obligated to continue funding for the services contained in
these Contract Documents and may terminate the Project immediately. The City shall
reimburse the Contractor for its work satisfactorily completed until the termination date. In no
event shall the total amount of money to the Contractor exceed the amount which the City has
received in funding from its external source. The Special Provisions may include further details
in this regard.
6-6 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change
Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If
the Change Order does not reserve the right of the parties, or either of them, to seek an
adjustment to the Contract time, then the parties forever relinquish and waive such right and
there shall be no further adjustments to the Contract time.
6-6.1 Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work,
any such extension shall not release any guarantee for the Work required by the Contract
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Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds
executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to
any such extensions of time. The amount of time allowed by an extension of time shall be
limited to the period of the delay giving rise to the same as determined by the City.
Notwithstanding any dispute which may arise in connection with a claim for adjustment of the
Contract time, the Contractor shall promptly proceed with the Work.
6-6.2 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have
no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no
payment of compensation of any kind shall be made to the Contractor for damages or increased
overhead costs caused by any delays in the progress of the Contract, whether such delays are
avoidable or unavoidable or caused by any act or omission of the City or its agents. Any
accepted delay claim shall be fully compensated for by an extension of time to complete the
performance of the Work.
This Section shall not apply to compensable delays caused solely by the City. If a compensable
delay is caused solely by the City, the Contractor shall be entitled to a Change Order that:
(1) extends the time for completion of the Contract by the amount of delay caused by the City;
and (2) provides equitable adjustment, as determined by the City, to the Contractor.
6-8 COMPLETION, ACCEPTANCE AND WARRANTY
The Contractor shall complete all Work under the Contract within forty (40) 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
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operation and maintenance procedures for all equipment installed listed under the electrical, air
conditioning, heating, ventilating and other trades. This data and instructions shall be furnished
for all equipment requiring periodic adjustments, maintenance or other operation procedures.
The Contractor shall allow at least seven (7) Working Days notice for final inspection. Such
notice shall be submitted to the City in writing.
6-8.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed
to be completed upon the date of recordation of the Notice of Completion. If that direction is
contingent on the completion of any items remaining on a punchlist, the Work shall be deemed
to be completed upon the date of the City's acceptance of the final item(s) on that punchlist.
The Contractor shall repair or replace defective materials and workmanship as required in
Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor
agrees to defend, indemnify and hold the City harmless from claims of any kind arising from
damage, injury or death due to such defects.
The parties agree that no certificate given shall be conclusive evidence of the faithful
performance of the Contract, either in whole or in part, and that no payment shall be construed
to be in acceptance of any defective Work or improper materials. Further, the certificate or final
payment shall not terminate the Contractor's obligations under the warranty herein. The
Contractor agrees that payment of the amount due under the Contract and the adjustments and
payments due for any Work done in accordance with any alterations of the same, shall release
the City, the City Council and its officers and employees from any and all claims or liability on
account of Work performed under the Contract or any alteration thereof.
6-9 LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work shall be
deemed to be completed when the same has been completed in accordance with the Plans and
Specifications therefor and to the satisfaction of the City, and the City has certified such
completion in accordance with Section 6-8.1 of the Standard Specifications.
SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR
The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and
shall instead be replaced with the following:
The Contractor shall provide and maintain insurance naming the City, its elected
and appointed officials, officers, employees, attorneys, agents, designated
volunteers, and independent contractors in the role of City officials as insureds or
additional insureds regardless of any inconsistent statement in the policy or any
subsequent endorsement whether liability is attributable to the Contractor or the
City. The insurance provisions shall not be construed to limit the Contractor's
indemnity obligations contained in the Contract. The City will not be liable for any
accident, loss, or damage to the Work before completion, except as otherwise
specified in Section 6-10.
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The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced
with the following:
Construction materials and equipment shall not be stored in Streets, roads, or
highways unless otherwise specified in the Special Provisions or approved by the
City.
The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall
not be incorporated, and shall instead be replaced with the following:
The Contractor shall relocate, repair, replace, or reestablish all existing
improvements within the Project limits which are not designated for removal (e.g.,
curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs,
Utility installations, pavements, structures, etc.) which are damaged or removed
as a result of the Contractor's or the Subcontractors' operations or as required by
the Plans and Specifications.
The last paragraph of Subsection 7-9 of the Standard Specifications shall not be incorporated,
and shall instead be replaced with the following:
All costs to the Contractor for protecting, removing, restoring, relocating,
repairing, replacing, or reestablishing existing improvements shall be included in
the Bid.
Section 7-12 of the Standard Specifications shall not be incorporated, and shall instead be
replaced with the following:
The names, addresses and specialties of the Contractor, Subcontractors,
architects or engineers may not be displayed on any signage within the public
right-of-way. This signage prohibition includes advertising banners hung from
truck beds or other equipment.
Otherwise, the provisions below shall supplement but not replace those provisions in Section 7
of the Standard Specifications.
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
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
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bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full
herein.
7-2.2.2 Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for
each craft, classification, or type of worker needed to perform the Project are on file at City Hall
and will be made available to any interested-party on request. By initiating any Work on this
Project, the Contractor acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and the Contractor shall post such rates at each job site
covered by these Contract Documents
7-2.2.3 Job Site Notices
The Contractor is required to post job site notices, as prescribed by regulation.
7-2.2.4 Failure to Pay Prevailing Rates
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774
and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for
failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two
hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than
the prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to these Contract Documents by the Contractor or
by any Subcontractor.
7-2.2.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq.
concerning the employment of apprentices on public works projects. The Contractor shall be
responsible for compliance with these Sections for all apprenticeable occupations. Before
commencing Work on this Project, the Contractor shall provide the City with a copy of the
information submitted to any applicable apprenticeship program. Within sixty (60) Days after
concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Contract.
7-2.2.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law
providing for the debarment of contractors from public works. The Contractor and
Subcontractors shall not be debarred or suspended throughout the duration of this Contract
• pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the
debarment of contractors from public works. If the Contractor or any Subcontractor becomes
debarred or suspended during the duration of the Project, the Contractor shall immediately
notify the City.
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7-2.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776,
which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and
verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify
and make such payroll records available for inspection as provided by Section 1776, and
(3) inform the City of the location of the records. The Contractor has ten (10) days in which to
comply subsequent to receipt of a written notice requesting these records, or as a penalty to the
City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for
each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due.
7-2.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. The
Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall
comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties
for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit
twenty-five dollars ($25) for each worker employed in the performance of this Project by the
Contractor or by any Subcontractor for each calendar day during which such worker is required
or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours
in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3
of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the
Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall
be permitted upon public work upon compensation for all hours worked in excess of eight (8)
hours per day at not less than one and one-half(1-1/2) times the basic rate of pay.
7-2.5 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor
shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, unless currently registered and qualified to perform public work pursuant to
Section 1725.5.
7-2 6 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor
shall post job site notices, as prescribed by regulation.
7-2.7 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be
responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860
and 3700, and the Contractor shall include in the written Contract between it and each
Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a
requirement that each Subcontractor shall comply with those provisions. The Contractor shall
be required to take all actions necessary to enforce such contractual provisions and ensure
Subcontractor's compliance, including without limitation, conducting a periodic review of the
certified payroll records of the Subcontractor and upon becoming aware of the failure of the
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Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall
diligently take corrective action to halt or rectify any failure.
7-2.9 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and
defend (at the Contractor's expense with counsel reasonably acceptable to the City) the City, its
officials, officers, employees, agents and independent contractors serving in the role of City
officials, and volunteers from and against any demand or claim for damages, compensation,
fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in
Section 7-2 of the General Provisions by any Person (including the Contractor, its
Subcontractors, and each of their officials, officers, employees and agents) in connection with
any Work undertaken or in connection with the Contract Documents, including without limitation
the payment of all consequential damages, attorneys' fees, and other related costs and
expenses. All duties of the Contractor under this Section 7-2.9 shall survive expiration or
termination of the Contract.
7-3 LIABILITY INSURANCE
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full
force and effect the insurance referenced in Section 7-3 of the Standard Specifications, as
modified below
7-3.1.1 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated
volunteers, and independent contractors in the role of City officials, shall be the insured or
named as additional insureds covering the Work, regardless of any inconsistent statement in the
policy or any subsequent endorsement, whether liability is attributable to the Contractor or the
City.
7-3.1.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor's indemnity obligations
contained in these Contract Documents.
7-3.1.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance
coverage. The Contractor agrees that if it does not keep the required insurance in full force and
effect, and such insurance is available at a reasonable cost, the City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed
an obligation of the Contractor and the cost of such insurance may be deducted, at the option of
the City, from payments due the Contractor. This shall be in addition to all other legal options
available to the City to enforce the insurance requirements.
7-3.1.4 Certificates of Insurance with Original Endorsements
The Contractor shall submit to the City certificates of insurance with the original endorsements,
both of which reference the same policy number, for each of the insurance policies that meet
the insurance requirements, not less than one (1) day before beginning of performance under
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the Contract. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf Endorsements may be executed on the City's standard forms titled
"Additional Insured Endorsement," copies of which are provided in the Contract Documents, or
on any other form that contains substantially the same terms and is approved by the City's Risk
Manager. In any case, the endorsements must specifically name the City of Moorpark and its
elected and appointed officials, officers, employees, attorneys, agents, designated volunteers,
and independent contractors in the role of City officials as insureds or additional insureds.
Current insurance certificates and endorsements shall be kept on file with the City at all times
during the term of this Contract. The City reserves the right to require complete, certified copies
of all required insurance policies at any time.
7-3.1 5 Subcontractors
The Contractor shall ensure all Subcontractors and their employees are listed as additional
insureds on all of the Contractor's insurance.
7-4 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the
Standard Specifications.
7-4.1 Contractor's Duty
To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and
expense, to defend with competent defense counsel approved by the City Attorney, protect,
indemnify, and hold harmless the City, its elected and appointed officials, officers, employees,
volunteers, attorneys, agents (including those City agents serving as independent contractors in
the role of City representatives), successors, and assigns (collectively "Indemnitees") from and
against any and all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, charges, obligations, damages, causes of action, proceedings, suits,
losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses
of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in
connection with or resulting from any act, failure to act, error or omission of the Contractor or
any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or
any of their officers, agents, servants or employees, and/or arising out of, incident to, related to,
in connection with or resulting from any term, provision, image, plan, covenant, or condition in
the Contract Documents; including, without limitation, the payment of all consequential
damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a
"Claim," or collectively, "Claims"). The Contractor shall promptly pay and satisfy any judgment,
award or decree that may be rendered against any of the Indemnitees as to any such Claim.
The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided The
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless
of whether any insurance policies are applicable or whether the Claim was caused in part or
contributed to by an Indemnitees.
7-4 2 Civil Code Exception
Nothing in this Section 7-4 shall be construed to encompass Indemnitees' sole negligence or
willful misconduct to the limited extent that the underlying Contract is subject to Civil Code
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Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract
Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful
misconduct or active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction.
7-4.3 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor
because the acceptance by the City, or the deposit with the City, of any insurance policy or
certificate required pursuant to these Contract Documents This indemnity provision is effective
regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees
and shall operate to fully indemnify Indemnitees against any such negligence.
7-4.4 Waiver of Right of Subrogation.
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of
their duties, from all Claims arising out of or incident to the activities or operations performed by
or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or
passive negligence by Indemnitees.
7-4.5 Survival.
The provisions of this Section 7-4 shall survive the term and termination of the Contract, are
intended to be as broad and inclusive as is permitted by the law of the State, and are in addition
to any other rights or remedies that Indemnitees may have under the law. Payment is not
required as a condition precedent to an Indemnitee's right to recover under this indemnity
provision, and an entry of judgment against the Contractor shall be conclusive in favor of the
Indemnitee's right to recover under this indemnity provision.
7-5 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary
permits from the City, which may include obtaining a no fee encroachment permit for Work
within the public right-of-way, 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
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material, but shall maintain the same in a neat and orderly condition throughout the construction
operation. Materials which need to be disposed shall not be stored at the Project site, but shall
be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of
the City, the cleaning will be done or contracted by the City and shall be back-charged to the
Contractor and deducted from the Contract Price.
The Contractor shall make arrangements for storing its equipment and materials. The
Contractor shall make its own arrangements for any necessary off-site storage or shop areas
necessary for the proper execution of the Work. Approved areas within Work site may be used
for temporary storage; however, the Contractor shall be responsible for obtaining any necessary
permits from the City. In any case, the Contractor's equipment and personal vehicles of the
Contractor's employees shall not be parked on the traveled way or on any section where traffic
is restricted at any time, except when authorized by the City under an approved Encroachment
Permit.
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.
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7-10.5.3 Steel Plate Covers
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day
with steel plate covers.
7-15 RECYCLING OF MATERIALS
Subsection 7-15 is hereby added to the Standard Specifications as follows:
7-15.1 Construction and Demolition Ordinance
The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all
demolition and city-sponsored projects, regardless of cost; new construction projects valued over
$500,000; or renovation projects valued over $100,000 to divert a minimum of 65% of material
generated during the project from disposal in a landfill (through reuse or recycling). The City has
created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist
applicants to meet these diversion requirements. You will be required to submit a Diversion
Security Deposit of 3% of the project valuation to the City to ensure compliance with the ordinance.
The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a
one-time fee for staff time associated with processing your C&D plan will be charged. You have
two options to meet this requirement. You may use one of the City's franchised haulers (Waste
Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can
provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self-
haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste
you must use proper hauling vehicles and bins owned by your company and those vehicles must
be driven by your employees. Please remember that because this project is a prevailing wage
project, the driver of the self-haul vehicle will need to be paid a prevailing wage rate for driving the
C&D materials to the authorized facility. You will need to submit itemized weigh tickets from
each facility documenting your C&D recycling and disposal that indicates the weight and
type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid
Waste Division and verified prior to final payment release for the job and refund of your C&D
diversion security deposit. If diversion requirements are not met, the City will retain the deposit.
Please contact the Solid Waste Division at 805-517-6257 with questions about the C&D ordinance
or about how to obtain the forms and documentation requirements.
SECTION 8. FACILITIES FOR AGENCY PERSONNEL
The provisions of Section 8 of the Standard Specifications shall apply except as modified
herein. No field offices for City personnel shall be required; however, City personnel shall have
the right to enter upon the Project at all times and shall be admitted to the offices of the
Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its
own personnel.
SECTION 9. MEASUREMENT AND PAYMENT
•
The provisions below shall supplement but not replace those provisions in Section 9 of the
Standard Specifications.
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9-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools
and incidentals required to complete the Project as outlined in these Contract Documents and
as directed by the City.
9-3 PAYMENT
9-3.1 General
In accordance with Public Contract Code Section 7107, if no claims have been filed and are still
pending, the amount deducted from the final estimate and retained by the City will be paid to the
Contractor except such amounts as are required by law to be withheld by properly executed and
filed notices to stop payment, or as may be withheld for any other lawful purposes.
9-3.2 Partial and Final Payment
9-3.2.1 Monthly Closure Date and Invoice Date
In accordance with Section 9-3.2 of the Standard Specifications, the monthly closure date shall
be the last Day of each month. A measurement of Work performed and a progress estimate of
the value thereof based on the Contract and of the monthly payment shall be prepared by the
Contractor and submitted to the City before the tenth (10th) Day of the following month for
verification and payment consideration.
9-3.2.2 Payments
The City shall make payments within thirty(30) Days after receipt of the Contractor's undisputed
and properly submitted payment request, including an updated construction schedule pursuant
to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment
request determined not to be a proper payment request as soon as practicable, but not later
than seven (7) Days after receipt, and shall explain in writing the reasons why the payment
request is not proper.
9-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However,
at any time after fifty percent (50%) of the Work has been completed, if the City Council finds
that satisfactory progress is being made, it may, at its discretion, make any of the remaining
progress payments in full for actual Work completed. The City shall withhold not less than five
percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4)
until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of
a notice of completion or cessation, but not longer then the period permitted by Public Contract
Code Section 7107.
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
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quantities included therein and shall authorize a payment amount, which in the City's opinion
shall be just and fair, covering the value of the total amount of Work done by the Contractor,
less all previous payments and all amounts to be retained under the provisions of the Contract
Documents ("Final Payment Amount"). The City shall then request that the City accept the
Work and that the City Clerk be authorized to file, on behalf of the City in the office of the
County Recorder, a Notice of Completion of the Work herein agreed to be done by the
Contractor. In addition, the final payment will not be released until the Contractor returns the
control set of Plans and Specifications showing the redlined as-built conditions.
9-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be
permitted to substitute securities in lieu of having retention withheld by the City from progress
payments when such payments become due or, in the alternative, the Contractor may request
that the City make payments of earned retentions directly to an agreed upon designated escrow
agent at the Contractor's expense. If the Contractor selects either one of these alternatives, the
following shall control.
9-3.2.5.1 Substitution of Securities for Performance Retention
At some reasonable time before any progress payment would otherwise be due and payable to
the Contractor in the performance of Work under these Contract Documents, .the Contractor
may submit a request to the City in writing to permit the substitution of retentions with securities
equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld.
The Contractor shall deposit such securities with the City or may, in the alternative, deposit such
securities in escrow with a State or federally chartered bank in California, as the escrow agent,
at the Contractor's expense. Such securities will be the equivalent or greater in value of the
estimated amount of retention. If the Contract is modified by written Modifications or Change
Orders or the Contractor otherwise becomes entitled to receive an amount more than the
Contract Price at the time the securities are deposited, the Contractor shall, at the request of the
City, deposit with the City or escrow agent, whichever is applicable, additional securities within a
reasonable time so that the amount of securities on deposit with the City or escrow agent is
equivalent or greater in value than the amount of retention the City would otherwise be entitled
to withhold from progress payments due or to become due to the Contractor as the Work
progresses. The City shall withhold any retention amount that exceeds the security amount until
the additional securities are deposited and, if the deposit is with an escrow agent, the City has
confirmation from that escrow agent of the new total value of securities. Upon satisfactory
completion of the Contract, which shall mean, among other things, that the City is not otherwise
entitled to retain proceeds from progress payments as elsewhere provided in the Contract or
under applicable law, the securities shall be returned to the Contractor. The City shall, within its
sole discretion, determine whether the amount of the securities on deposit with the City or
escrow agent is equal to or greater than the amount of estimated retention of progress
payments that could otherwise be held by the City if the Contractor had not elected to substitute
same with securities.
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
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sole expense, the Contractor may direct the investment of such retention payments into only
such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned
on such investments on the same terms provided for securities deposited by the Contractor.
Upon satisfactory completion of the Contract, which shall mean when the City would not
otherwise be entitled to withhold retention proceeds from progress payments had the Contractor
not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to
receive from the escrow agent all securities, interest and payments deposited into escrow
pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later
than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs
attributed to retention withheld from each Subcontractor, on the amount withheld to ensure
performance of the Contractor.
9-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then
the Subcontractor shall receive the identical rate of interest received by the Contractor on any
retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata
costs associated with administering and calculating that interest. In the event that the interest
rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the
interest rate paid during the time that retentions were withheld from the Subcontractor. If the
Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the
Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for
the release of moneys held in retention by the Contractor. The Contractor shall pay each
Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to
each Subcontractor from the moneys plus the respective amount of interest earned, net of costs
attributed to the retention held from each Subcontractor, on the amount of retention withheld to
ensure performance of the Subcontractor.
9-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430,
bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed upon between the Contractor and
the City. The Contractor shall be the beneficial owner of any securities substituted for any
monies withheld and shall receive any interest thereon
9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention
The escrow agreement that shall be used for the deposit of securities in lieu of retention shall
substantially conform to the form prescribed in Public Contract Code Section 22300(f).
9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements
If there is any inconsistency between or differences in Public Contract Code Section 22300 and
the terms of this provision, or any future amendments thereto, Section 22300 shall control.
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
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Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly
furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject
to State Auditor examination and audit at the request of the City or as part of any audit of the
City, for a period of three (3) years after final payment under the Contract. The Contractor shall
include a copy of this Section 9-4 in all contracts with its Subcontractors, and the Contractor
shall be responsible for immediately obtaining those records or other written material from its
Subcontractors upon a request by the State Auditor or the City. If the Project includes other
auditing requirements, those additional requirements will be listed in the Special Provisions.
SECTION 10. ADDITIONAL TERMS
10-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation or military and veteran status. The Contractor understands and agrees that it is
bound by and will comply with the nondiscrimination mandates of all statutes and local
ordinances and regulations.
10-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the
Contractor a Notice to Proceed. The City will not authorize any Work to be done under these
Contract Documents before the Contract has been fully executed. Any Work that is done by the
Contractor in advance of such time shall be considered as being done at the Contractor's own
risk and responsibility, and as a consequence will be subject to rejection.
10-3 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 6-8.2 of the General
Provisions, by written action of the City, the Contractor shall have the charge and care thereof
and shall bear the risk of injury or damage to any part of the Work by the action of the elements,
criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good
all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance and shall bear the expense thereof, except for such injuries or
damages arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees. In the case of suspension of Work from any cause whatever, the Contractor shall
be responsible for all materials and the protection of Work already completed, shall properly
store and protect them if necessary, and shall provide suitable drainage and erect temporary
structures where necessary.
10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor
during the course of construction shall be replaced by the Contractor at its own cost. The cost
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.
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10-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and
obstructions of any character encountered during the process of excavation. It is understood
that the cost of any such removals are made a part of the unit price bid by the Contractor under
the item for excavation or removal of existing Work.
10-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during
the Contractor's entire operation to ascertain compliance with the Contract requirements. The
City shall be responsible for the first series of tests. If the initial tests do not meet the Contract
requirements, the Contractor shall bear the cost of all subsequent tests.
If the City requires other tests or more specific requirements for testing regarding this Project,
those details will be included in the Special Provisions.
10-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all
fees and costs associated with securing permission to access private property for any portion of
the Project.
10-8 WORKING DAYS AND HOURS
The Contractor shall do all Work between the hours of 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.
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All claims arising out of or related to the Contract Documents or this Project, and the
consideration and payment of such claims, are subject to the Government Claims Act
(Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code
Section 20104 et seq. (Article 1.5) regarding the resolution of public works claims of three
hundred seventy-five thousand dollars ($375,000) or less. This Contract hereby incorporates
those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor
must file a claim in accordance with the Government Claims Act as a prerequisite to filing a
construction claim in compliance with Article 1.5, and must then adhere to Article 1.5.
10-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the
Project at any time. The City shall timely notify the Contractor of the receipt of any third-party
claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred '
in providing this notice.
10-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes
and regulations in force at the time the Contractor performs pursuant to the Contract
Documents.
10-12 CONTRACTOR'S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under
penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed,
qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the
services in accordance with the terms and conditions set forth in the Contract Documents;
(b) there are no obligations, commitments, or impediments of any kind that will limit or prevent
its full performance under the Contract Documents; (c) there is no litigation pending against the
Contractor that could adversely affect its performance of the Contract, and the Contractor is not
the subject of any criminal investigation or proceeding; and (d) to the Contractor's actual
knowledge, neither the Contractor nor its personnel have been convicted of a felony.
10-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the
Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the
General Provisions that is or may likely make the Contractor"financially interested," as provided
in Government Code Sections. 1090 and 87100, in any decisions made by the City on any
matter in connection with which the Contractor has been retained pursuant to the Contract
Documents
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.
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10-15 TIME
Time is of the essence in these Contract Documents.
10-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent
contractors. Neither the City nor any of its officials, officers, employees or agents shall have
control over the conduct of the Contractor, Subcontractors, or any of their officers, employees,
or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose
of all portions of their time and activities that they are not obligated to devote to the City in such
a manner and to such Persons that the Contractor or Subcontractors wish except as expressly
provided in these Contract Documents. The Contractor and Subcontractors shall have no
power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner,
or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not,
at any time or in any manner, represent that they or any of their agents, servants or employees,
are in any manner agents, servants or employees of the City. The Contractor and
Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and
to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and
interest asserted against the City by reason of the independent contractor relationship created
by the Contract Documents. The Contractor shall include this provision in all contracts with all
Subcontractors
10-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter
herein, the interpretation of these Contract Documents shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Contract Documents or who drafted that portion of the
Contract Documents.
10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these
Contract Documents shall not be a waiver of any other condition of performance under these
Contract Documents. In no event shall the making by the City of any payment to the Contractor
constitute or be construed as a waiver by the City of any breach of covenant, or any default that
may then exist on the part of the Contractor, and the making of any such payment by the City
shall in no way impair or prejudice any right or remedy available to the City with regard to such
breach or default.
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.
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10-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required
by these Contract Documents shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during the City's regular business
hours or (b) on the third (3rd) business day following deposit in the United States mail, postage
prepaid, to the addresses listed on the Contractor's Bid and City Hall, or at such other address
as one party may notify the other.
10-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract
Documents shall continue in full force and effect.
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APPENDIX I
Scope of Work
Spring Road / Ridgecrest Drive Streetscape Revitalization
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 and the plans, drawings and technical specifications, the
plans, drawings and technical specifications 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, irrigation and planting for
Items 1-5 on the bid proposal sheets, as detailed in the Landscape Architectural
Construction Documents for the Spring Road and Ridgecrest Drive Streetscape
Improvements, which are incorporated herein as Appendix II.
2. Provide all labor and materials, tools, equipment, facilities, transportation, services,
and any and all material necessary, to plant trees and shrubs in slope and non-
slope areas per planting details, in quantities as indicated in Items 6 and 7 on the
bid proposal sheets. Locations of plantings to be determined in field with City
representative.
3. Provide traffic control for any lane closures on Spring Road and Ridgecrest Drive
required to facilitate the work. Lane closures will be required for work in the center
median. Bike lane closures are required for work in the parkway areas. Contractor
to procure a no-fee encroachment permit from the City of Moorpark. Engineer-
stamped traffic control plans will be required. All costs for traffic control plans to be
borne by the contractor. Contact the Public Works Department at (805) 517-6255
for information on obtaining the encroachment permit.
4. It is the Contractor's responsibility to comply with all applicable storm water and
urban runoff permits, regulations, codes or laws. Contractor will be responsible for
implementing a Stormwater Pollution Control Plan (SWPCP) and completing and
maintaining all supporting documentation, as detailed in Appendix III. If there are
questions, Contractor may contact the NPDES Coordinator in the Public Works
Department at 805-517-6257.
5. Storage of equipment, supplies and materials can be accommodated at the east
end of Ridgecrest Drive. Contractor required to provide fencing, with privacy screen,
around the temporary storage area to restrict access by the general public.
Contractor agrees to assume full responsibility for loss, theft, damage to its
equipment, supplies and any injury that may arise to any person. 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
Appendix I
82000-0016\1919347v1.doc Richards,Watson&Gershon-2016 2 4 6
permanent. Contractor acknowledges that the Indemnification in the Agreement
document applies to such storage.
6. 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.
7. 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.
8. 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 2 4
APPENDIX II
LANDSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR
SPRING ROAD/ RIDGECREST DRIVE STREETSCAPE REVITALIZATION
Appendix II
82000-0016\1919347v1.doc Richards,Watson&Gershon-2016
248
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000.109 017394 117194
-
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R4 GU CITY OF PGli.EqA �_ SPRING RD.AND RIDGECREST DR.
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FOR CORRESPONDING DEMOLITION PLAN SEE SHEETS L-1.1-L•1.4 1 la• MO DPM D ID 2D• 4D'• BD
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vREPLACEoaA�D MOW NPR � "�" me*.ArARE VALVE KEY
SIZINGFOR NOTES AND LEGENDS,SEE SHEET L-2 1
TEl SYSTEM IS DESIGNED TO USE POTABLE WATER EG YPE FOR DETAILS,SEE SHEET L-2 11 8 L-2 12
Know whets DBIOW. VALVE E 100—GPM FOR CORRESPONDING DEMOLITION PLAN SEE SHEET L-1 1 THROUGH L-1 4 6
a to m' a• w
AND FUTURE TRANSITION TO RECLAIMED WATER. VALVE SIZE 40.—OPERATING PSI SCALE 1•m
Call before you dig '� FOR CORRESPONDING PLANTING PLAN SEE SHEET L-3 9
ADO JOB M mea a rases
1°.N+”'-. �.. OEGG2 51 PARK REtlKA0ON AND 0gANUNi10 5250CES CITY OF GRADING RD. SPRING RD.AND RIDGECREST DR. 1e
N, �RCGHITFIRdtA DRAxN e. — 7�� D� PARKWAY AND MEDIAN IMPROVEMENTS
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THIS SYSTEM IS DESIGNED TO USE POTABLE WATERc IP.—TYPE FOR DETAILS,SEE SHEET L-211 S L-212
Know what's below VALVE :� 10.--GPM FOR CORRESPONDING DEMOLITION PLAN SEE SHEET L-1 1 THROUGH L-1 4 o is 20 00 RV
Calf before you dig AND FUTURE TRANSITION TO RECLAIMED WATER VALVE SIZE 7,77 /O.—OPERATING PSI FOR CORRESPONDING PLANTING PLAN SEE SHEET L-3 10 SCALE r.2° A eanS1i 61168.6
AN`R1O"'►,V
norm^ KIND ST PARK RECREATION AND CWMUNITY SERwCES ERASE SPRING RD.AND RIDGECREST DR. ED 16
r fIG a CITY OF PARKWAY AND MEDIAN IMPROVEMENTS
�� g y; .. KL&Z ARK PARK AND RECREA➢W°RECTOR DAR Prosfo i MOORPARK MOORPARK,CA a 31
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CITY ENGINEER GAM°KLOTnt RCE DVS,DAR COMMUNITY SERVICES
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OR W BALL VALVE - BASKET STRAINER(FUTURE) O R W REMOTE CONTROL VALVE e R.W.REMOTE CONTROL DRIP VALVE
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ADO JOB#17394&17994
_ C DESIGNS)sr
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eY. PORN RECRE/.TON AND COMNUN�rY SERVICES ta..-11.r?:,..e.reDA1
CITY OF AERIAL gin. SPRING RD.AND RIDGECREST DR• , 19
O DESIGN GROUP Rcs Pena«D RECREATION DIRECTOR DATE
MOORPARK PARKWAY AND MEDIAN IMPROVEMENTS
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Q WATER BUDGET OCONTROLLER CHARTS
SCALE N/A SCALE N/A
POC NUMBER 10
Water SourceIMamsSon.
FLOW AVAILABLE
Water Meter Sloe I-IN'
Flow Available 46.47 gem
PRESSURE AVAILABLE
Static Pressure at POC 9700 pE
Elevation Change 500It
Sarno Line Size 11th' IRRIGATION SHALL BE MAINTAINED TO ENSURE WATER EFFICIENCY 0 TREKKING TREKNG NOTES
Length of Service Line 20.00 B •ilEM +
Pleasure Available' 94.00 psi WEEKLY ITEMS RM
1 MSUALLY MONITOR IRRIGATOR SYSTEM FOR SUDDEN ONE BREAKS OR HEAD 0a
DESIGN ANALYSIS �`no.„ NIBS.Waal,.!AMIS..
Mmnum Station Row 41 99 gPm OAMACE 0 0 0 0 0 ,�a
Flow Available at POC 4647 oYm MONTHLY ITEMS / ��`1 .,'' , 0
Residual Flow Aveiebla 4.48 gPm
IMI A: \1— /_/ ,` / ,_. TRENCHING SECTIONLIES CROSS PRO,TEP/C SLEEVE Fa
1 TEST AND INSPECT EACH VALVE ADJUST AND REPAIR HEADS VALVES OWNERS / .m.as.rs reR sosa
166
Cnbcd&Mon 11 NEEDED TO NEEP SYSTEM IN COMPLETE WORKING ORDER `- N / / 0 0 n vuEv®,Nnrmmttas a.w
Design Pressure. 40.00 psi �
FRctim Loss 112 psi 2 INSPECT MIN SENSOR TO INSURE PROPER SHUT(IFF OPEPADON P�«.� 0 %` I SLEETING NOM
PROs sLoss 011 psi "^A'E
9 D 3 FOR DRIP SYSTEMS EXAMINE AND CLEAN ALL FILTERS REPLACE FILTER SCREENS 0 0 0 .T'5�.��/} %
Elevation Loss 000 psi Va
Loss through Valve- 4.82 pa IF NECESSARY MANUALLY FLUSH EACH DRIP VALVE PERFORM AWALLA-THRWOI /�j s
iO LOOK FOR SIGNS OF PLANT WATER STRESS ADJUST CLEAN OR REPLACE I 0
Pressure Req at Critical Spon 46.05 psi EMISSION DEVICES AS REQUIRED 0
Loss far Fittings 181 psi SLEEVING SECTION
Loss for Men Line 1613 psi ALL REPLACEMENT PARTSANDEQUIPMEM ASNEEDEDSHALL MAICNORCWAL EQUIPMENT rxeicnsrP..cwxsrnaa
Loss for POC to Valve Elevation 000ps OR AN APPROVED EQUAL(CITYLWDSCAPE ARCHITECTAPPROVALI LEGEND LEGEND u
iliESS.LAE 6.1Y111a SLEW.1111a
Loss la Backlow 000 psi vays Aswm.r
Loss lar Water Meter 174 DH QUARTERLY ITEMS PESOSSOValaXE a ISI
' ay.NNcssGvriw
CrNcd Station Pressure Al POC 65.53 psi I ADJUSTIRRIG0TION CONTROLLER PROGRAMMING AS NECESSARY TO NOTES mmanaruv.
It motostot.
Pressure Available 84.00 psi ACCOMMODATE FOR SEASONAL WATER NEEDS Tnrt[Rua Meas. m ii Nw"ec.w.a<pmnunmi.wa
RS5ANW Pressure Available 28.47 psi WIVE,FLUSN a voeirmmiuwwAw r ' piseNESUIE WOK LINE SUE*Walla.
06.713,7110113NESSSE Unita UNE
O PRESSURE LOSS CALCS O MAINTENANCE SCHEDULE © R.W.TREE DRIP RINGS O TRENCHING&SLEEVING
SCALE N/A SCALE NONE USED SCALE NTS SCALE 1/4"=1'-N
ADO JOB a 17593 S 17594
°060500 ST" PER RECREATION AND COMMUNITY 5108005 GRADING
p� ������pp GD CITY OF GRADIN NG SPRING RD.AND RIDGECREST DR. SHEET
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PLANTING NOTES' ' \ � 'I
TREES BDAxKMxME N
CawvxxME COMMENTS WATER USE MING TREES BDTANKMNAME D.DNwME COMMENTS
NO/001110.<03170 T.08891.REOLAREDTOMTINT.1.8ONMENT 881.0.311.SITE.1:111CMSNOT
Pei 8121 . 21
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wow.a,W FOR CORRESPONDING IRRIGATION PLAN SEE SHEET L-21
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PLAN CROSS REFERENCES
FOR NOTES AND LEGENDS SEE SHEET L-3 1
FOR DETAILS,SEE SHEET L-3 11
FOR CORRESPONDING DEMOLITION PLAN SEE SHEET L-1 1 THROUGH L-4 4 PIMMIIIIMIIMIMINI
FOR CORRESPONDING IRRIGATION PLAN SEE SHEET L-2 10 o io m .a ea
SCALE Y•20 B 617164&17614
rowF R7°�N,. �� CHIT DBD BY PARR RECREAMI AND COWAN SERNCES pE NCS
CITY OF SPRING RQ.AND RIDGECREST DR. 51� 27
DRAANUEA Br PARKWAY AND MEDIAN IMPROVEMENTS
t.� . /•e) AGN GK KRM CDG RE RD S A w DB D DR DAh (4.-,1)� MOORPARK :6,`% I`' i:u,....may.um. aE«E ' PACINEEAINC RENEN D BY Q, PARKS RECREATION MOORPARK,CA oI B3E / -f^ R RR�D BE � AND RDED1 RD PLANTING PLAN 10 MOM N1
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O — —�—�� o 1z o MONTHLY ITEMS
��� O \/ \ 1 PRUNE GROWTH OF SHRUBS,GROUND COVERS AS NECESSARY TONEEP NEAT AND
O O O
As— �—e—V—V 44 COMPACT ELIMINATE IRRIGATION APPUCNTIONMTERFERENCE EDfEGROUNDCOVER
.ay4 \/ PLANTS TONEEP*THIN PUNT ZONES SEE ANNUAL REDS TOR DOSSLIKE PUNTS
� I ffi } 2 REPUCEAN/SHRUB OR GROUND COVER THAT HAS DEDORFA1L6 t0 FDA*
/ ///� } f� DENIM&PLANT MATERIALS OR THOSE WITH SMUR WATER REQUIREMENTS
0 n \ J) .fig\. a\ �/ ///�f�`,�\/\/ \\ 5. FERRIlZE ALL UWNAND CIiOUND COVER AREAS MORGANIC FERTILIZER REFER TO
�T`,a Iv^�E?`VV 1,\,\\C// v' SOLS REPORT TO APPIIGAVON TYPE AND RATE
//\ \'<`` \\e� 0 3.
0 El % \\ O Q I REPLENISH BEDS AS NEEDED*SPECIFIED MULCH TO MANTNN ORIONIS
v* v// \• \, 5. REMOVE ALL WEEDS UTTER DEBRIS FROM SHRUB.WAW AND GROUND COVER AREAS
6. INSPECT AND TREAT PLANT MATERIAL FOR DISEASEµDDR PEST PROBLEMS
LEGEND
QUARTERLY ITEMS
.1 UNDISTLP/FIII411460/ GNO
s. NOTES tuox MamryoomrusEevw owe NOTES 1 CHECK TREE GROWTH PRUNE TREES TONE STRUCTURE SHAPE REMOVE SUCKERS
A LEGEND AMAIN DEW OR BROIFN BRANDIES
LEGEND uNTANGLE k41,1101,00110,1.00.1101011.11 t 11141414.0E A 1/1.1..Fit TREES NV 40.1.
wRTuwouan all EwrAmmA. ALL Tarnwo 2 AERATE AND DE THATCH TURF MEAS
D.a. 11007.4.1. MOSE 00 NOT MC110/.11.0f POOtt. E 0.11.0.010K ..(sup.,.y.p.... a .{0.n0pERPwmaewt anawcovauou
a R&M Pm P1.01114 PM. r4 TO W011100 mnwsmwnoxpAwEL VAmommxvsxmg DO NOT HEDGE PLANTS UNLESS SPECIFIED IV DEVELOPER
OSHRUB PLANTING O SHRUB/GROUNDCOVER SPACING . MULCH O MAINTENANCE SCHEDULE
SCALE NOT TO SCALE SCALE 1'-0"=1-0" SCALE 1 12"=1'-0' SCALE NONE USED
O O
WALLACE LAM
=5 Coral Elretr SOILS REPORT iien h;.r a a s „n A. " R•
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nlaale. C WALLACE LABORATORIES,LLC i% 0 LEGEND
.r ..ERA Ip 'AMA 365 Coral Clrek 5 SiRrtn.SAAN(acd-4mMme an)Man be lea Mm S13a.. pg I 19 aNXTras NAEANALA SE
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s Name 10 aE.,awl aRwNmwA
alma °" """` I�. phone(310)615-0116 fax(310)640-6863 7 Types ofaASrolable praaaew me compos a toms,mwhmom TEE SM.MFERME.loenn
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.. September 14 2017 um..Dee Nom used swat free or pathogens and ad..mt us IIII1 0 l
MAI Ryan Shoe=rMmnyMatehetembengngaup.am X Composed wed pmducte me mWotiwWly acceptable Elable=onus �,l EwiowamwEsmovarawamN
Ambito=Design Group muse be pmmml Wood based products are nm wapmhle which ora as= O L noel.
0 02&I 03 am 0.1 copper 10221 A Te@md Sheet on red wood w wan 0 O A aumnstAlumxa
ons Al AN cm, Rancho Cu..,CA 1730 Sholpased aalerids are mcaommable 0 t��i'I
10 C°hon.°ilromnide is 1041 than 251 i a j O =
PLAr NM KIM 111.001".1.,•11111..141.11.0
RE17315 Spring Road,Ridgeemst Drive Mammk,=mud September 17,2017 11 The=memo=shall be aerobic mama meal=..pmsmce of rsruxlwa uewunwE
wom 1612",Our N No 17456-27 dcmmpuriam pmduma /\� nANrocsw.M
12 The maximum pardeLe size shall be 0.5 inch 806 or more shall pear No. 0 e.��ljlO IAownnE
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p ght y mi grwnh the soil H Mould normally N Moa Wal permissible pallmmt wnemotlaoa u anmntlmmt in
range of abeam 6.5 w75A:Why Increases than avaiMbilHry°f morn.u..L...0e melhm on a dry wmght basis k r� 0
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100
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.mutt......1,.. *is not ammvely high chromium 300 10 vwdiwn c Ern/NKRPEIMAIRToeEVMwmnA
depend. The fertility ie high wig modem= minimum modest malt 50 molybdenum 12� Moo 200
nitrogen w batesi wed m m6m © DOUBLE STAKE TREE PLANTING
Pmawium,phosphorus,ern,manganese nnc,capper.ane magnesium are high Eva.=the yuAllry afd,emended con
SCALE N T S
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ea Total°v°ilodiu radium is netted. SA0.(sodium M.N.INANE is 1 Negative
.1•141kal wu
effects of sodium ort w1 expected. For beat pastil tN ALE emlaeR need m be close LA the m,I,,A siva mon of do
[C� mbnlls u<based on high organic noted and ewe dJylmiS to ale mel Water migration 0
w n ,ee The we of water percolate.,s mend at 8.53 inch.per now The Al.1 is=petted s be dam AS a NDy trmmao.Me sharp sol M.N.between Ube two game jai.are over
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awl=e=plRu . w. ran es per 1,000 square feet Ncotpoeae It homogeneously 6 Tasha deep. backfill mil. O'' Sg 1
T.
•A AANA.e organic=damn..abwnt cubic,sufficient for 3%to 5%soil otgome owner.a Delwin theuNgwoa Co nem over oruner°rig°le Pmvidc a eight aces or=Lgation (CJD R \
tame cows.vasa hwmo ,e 11 dry weigh bas l°avoid salt memmulnme Penal drying*Mr a bavyungurav cycle le best 0 v .W,w
mem E NII �h
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For soil preparauon an a%Mime bait Locoman.homogeneously dm following leo Do am Platt mulch ave de eurfoce of Me tambwllr Same mulch.are Tel ruble and 0 J.ll .mN
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sed=lobe were Med In the m=iela v Ouch the vera wd Mwua were O 45�' \\
rwq loAmn argon=soil Mow abo.15%by valuer,sufficient foe 3%toy%mil organ= delivered gym.,.:t
um owsw
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w.,a�wue....,.e.,,u..aa.e...e•a....... and no..than 2094.Ta argon=linter eon..Mall be 508 w
mow
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on v dry weight basis Siucemly
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3 TSA MtmugeeAball be lmlav la mWimSLUIU@251C Oaewmmed mwEmEnarmNANE=1 DT p coo aEnaw<wsvxn.a9teaaiawwA.
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4 of mm smog= Moll be los Man l 0 pans per OA\V:v mocmMS
million IM
©AGRONOMICAL SOILS REPORT O LINEAR ROOT BARRIER
SCALE N/A SCALE N T S ADO JOB S 1735.5 A 1755.5
17TH?
11•41.0113 Mt OESGNFD Be pARN RECREADW AND CWMUNItt SERWCESGRADING
D.': '' AR HIT�i OD
:.�� CITY OF PERMIT NO SPRING RD.AND RIDGECREST DR• SxE 2g
='i�► �' /•� �E$N:ter eRCDG y PA µ0 REAEA g MUM oA E � /4 MOORPARK PARKWAY AND MEDIAN IMPROVEMENTS a 1B
— OMMEERNO
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ytA '/ 0 .::w,..w:G nn ar..8T 'ENGINEERING REWENED BY �Co,m PARKS RECREATION
L sass.. A.m. m DAT `08E ��1 :; PPA�TDB ' COMMUNITY SERVICES
. -
MEC!ND PLANTING DETAILS 3.11
MY PONES.OAMO MOVIE ROE 55753 DATE
Ni
J
01
APPENDIX III
STORMWATER POLLUTION CONTROL PLAN
Less Than One Acre*
1. Contractor shall implement an effective combination of erosion and sediment
control best management practices (BMPs) from Table 1 below to prevent
erosion and sediment loss, and the discharge of construction wastes. The BMPs
listed in Table 1 are taken from the California BMP Handbook, Construction,
January 2003 and the Caltrans Stormwater Quality Handbooks, Construction Site
Best Management Practices (BMPs) Manual, March 2003, and addenda.
Table 1: BMPs at construction sites less than 1 acre
Minimum Set of BMPs for All Construction Sites CASQA Caltrans
For Erosion Control
Scheduling EC-1 SS-1
Preservation of Existing Vegetation EC-2 SS-2
_Sediment Controls
Silt Fence SE-1 SC-1
Sand Bag Barrier SE-8 SC-8
Stabilized Construction Site Entrance/Exit TC-1 TC-1
Non-Storm Water Management
Water Conservation Practices NS-1 NS-1
Dewatering Operations (Groundwater dewatering NS-2 NS-2
only under NPDES Permit No. CAG994004).*
Waste Management
Material Delivery and Storage WM-1 WM-1
Stockpile Management WM-3 WM-2
Spill Prevention and Control WM-4 WM-4
Solid Waste Management WM-5 WM-5
Concrete Waste Management WM-8 WM-8
Sanitary/Septic Waste Management WM-9 WM-9
*Ponded stormwater may be discharged at a concentration of Total Suspended Solids (TSS) of 100mg/L
or less.
2. A project that includes roadbed or street paving, repaving, patching, digouts, or
resurfacing roadbed surfaces shall include the following BMPs:
A. Restrict paving and repaving activity to exclude periods of rainfall or
predicted rainfall unless required by emergency conditions.
B. Install sand bags or gravel bags and filter fabric at all susceptible storm
drain inlets and at manholes to prevent spills of paving products and tack
coat.
*This SWPCP is required for all projects that disturb less than one acre of soil. If the project disturbs
one or more acres of soil, it is subject to the State General Construction NPDES Permit and related
SWPPP (see p. 68 of Ventura County Municipal Stormwater Permit, Order R4-2010-0108)
One Acre equals 43,560 square feet.
277
C. Prevent the discharge of release agents including soybean oil, other oils,
or diesel to the storm water drainage system or receiving waters.
D. Minimize non storm water runoff from water use for the roller and for
evaporative cooling of the asphalt.
E. Clean equipment over absorbent pads, drip pans, plastic sheeting or other
material to capture all spillage and dispose of properly.
F. Collect liquid waste in a container, with a secure lid, for transport to a
maintenance facility to be reused, recycled or disposed of properly.
G. Collect solid waste by vacuuming or sweeping and securing in an
appropriate container for transport to a maintenance facility to be reused,
recycled or disposed of properly.
H. Cover the "cold-mix" asphalt (i.e. pre-mixed aggregate and asphalt binder)
with protective sheeting during a rainstorm.
I. Cover loads with tarp before haul-off to a storage site, and do not overload
trucks.
J. Minimize airborne dust by using water spray during grinding.
K. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt
grinding materials or rubble in or near storm water drainage system or
receiving waters.
L. Protect stockpiles with a cover or sediment barriers during a rain.
3. Contractor shall ensure that prior to the start of construction and annually during
construction, all site personnel responsible for installing, inspecting, and
maintaining BMPs shall be trained. Contractor shall use the Trained Contractor
Personnel Log (Exhibit 1) and shall retain original documents with the
Stormwater Pollution Control Plan and submit copies to City.
4. Contractor shall comply with inspection requirements as detailed in the
Construction Site Inspection Checklist (Exhibit 2) and shall retain all inspection
records for City review.
Stormwater Pollution Control Plan for Projects Under One Acre
Page 2 of 4
278
EXHIBIT 1
TRAINED CONTRACTOR PERSONNEL LOG
Employees and subcontractors must be trained on the SWPCP prior to start of
construction and annually thereafter. Contractor shall keep original training logs
in the SWPCP and forward a copy to the City Engineer/Public Works Director.
Stormwater Management Training Log
Project Name
Project Number/Location.
Stormwater Management Topic: (check as appropriate)
❑ Erosion Control ❑ Sediment Control
❑ Wind Erosion Control ❑ Tracking Control
❑ Non-stormwater management ❑ Waste Management and Materials Pollution Control
❑ Stormwater Sampling
Specific Training Objective:
Location: Date:
Instructor: Telephone:
Course Length (hours):
Attendee Roster(attach additional forms if necessary)
Name Company Phone
COMMENTS:
Stormwater Pollution Control Plan for Projects Under One Acre
Page 3 of 4
279
EXHIBIT 2
CONSTRUCTION SITE INSPECTION CHECKLIST
Contractor shall complete this checklist and keep a copy with the SWPCP a minimum of.
• Monthly during non-rainy season (April 16 through September 30)
• Weekly during rainy season (Oct. 1 through April 15)
• Before, during and after a significant rain event(.25" or greater)
• All hillside sites or sites that directly discharge to Arroyo Simi must be inspected by a qualified
SWPPP Developer at least weekly during the wet season and once each 24 hour period during a
storm event that generates runoff from the site to identify BMPs that need maintenance to
operate effectively,that have failed or could fail to operate as intended
DATE OF INSPECTION:
Project Name: Contractor:
Weather Conditions during inspection:
Compliance Date Completed
Item Accomplished
YES NO N/A
1 Is the site entrance stabilization adequate?
2 Are equipment/vehicles parked in designated areas and
free from significant leaks?Are drip pans present as
needed?
3 Are maintenance areas free from stains on the soil?
4 Are all materials stored in bins or covered in plastic and
protected from stormwater?
5 Is construction waste being disposed of in proper trash
containers?
6 Are concrete washout stations present and being utilized
and maintained?
7 Is fugitive dust being controlled and water being used as
needed?
8 Are catch basins, drainage channels, drain inlets/outlets
being protected?
9 Are erosion control measures (BMPs) identified in
SWPCP in place and effective?
10 Are sediment control measures(BMPs) identified in
SWPCP in place and effective?
11 If applicable, are enhanced BMPs identified in#7 on p 5
of SWPCP being implemented as appropriate?
Comments:
I certify under penalty of law that this inspection is true, and I or a qualified assigned
person has performed the required inspection as stated in the SWPCP.
Inspector Signature Contractor Signature
Stormwater Pollution Control Plan for Projects Under One Acre
Page 4 of 4
280
Attachment 2
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2017/18 BUDGET BY APPROPRIATING $762,776.00 FROM
MOORPARK HIGHLANDS FUND (2322) FOR THE SPRING
ROAD / RIDGECREST DRIVE LANDSCAPE RENOVATION
PROJECT (PROJECT NO. M0037)
WHEREAS, on June 21, 2017 the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2017/18; and
WHEREAS, on September 6, 2017 City Council approved Resolution No. 2017-
3622 to amend FY 2017/2018 budget by $507,430.23 resulting from the carry forward of
FY 2016/2017 Purchase Order into FY 2017/2018. This action included $73,048.00 for
Moorpark Highlands Fund (2322) relating to unspent encumbrance for Architerra Inc.,
Architerra Design Group for the Spring Road and Ridgecrest Drive landscape design
services; and
WHEREAS, on October 18, 2017 City Council adopted Resolution No. 2017-
3638 appropriating $40,200.00 from Fund 2322 to finance additional landscape
architectural services for the same project area. The adjusted allocation for the
landscape architectural services is $113,248.00 in Landscaping — Contractual Services
2322-542-P0004-51000; and
WHEREAS, a staff report has been presented to the City Council recommending
award of bid for the Spring Road/Ridgecrest Drive Landscape Renovation Project
(M0037) to Oakridge Landscape, Inc. for the total contract amount of$762,776.00 and a
• budget amendment of$762,776.00 is requested from Fund 2322 for this project; and
WHEREAS, the Finance Department needs to process the necessary entries to
transfer $113,248.00 of expenditure budget; and to move related encumbrances and
actual expenditures from 2322-542-P0004-51000 (Landscaping — Contractual Services)
to 2322-542-M0037-53000 (Spring Rd/Ridgecrest Dr Landscape Renovation — Property
Maintenance Services); and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $762,776 from Moorpark
Highlands Fund (2322) as more particularly described in Exhibit "A", attached hereto, is
hereby approved.
281
Resolution No. 2018-
Page 2
SECTION 2. The Finance Department is directed to process the necessary
entries to transfer $113,248 of expenditure budget; and to move related encumbrances
and actual expenditures from 2322-542-P0004-51000 (Landscaping — Contractual
Services) to 2322-542-M0037-53000 (Spring Rd/Ridgecrest Dr Landscape Renovation
— Property Maintenance Services), as more particularly described in Exhibit "A",
attached hereto, is hereby approved.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 21st day of February, 2018.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment
282
EXHIBIT A
BUDGET AMENDMENT FOR
MOORPARK HIGHLANDS FUND (2322) FOR
SPRING ROAD/ RIDGECREST DRIVE LANDSCAPE RENOVATION PROJECT
FY 2017/18
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Moorpark Highlands 2322-000-00000-33990 $ 762,776.00
Total $ 762,776.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2322-542-M0037-53000 $ - $ 762,776.00 $ 762,776.00
$ - $ - $
$ - $ - $
Total $ - $ 762,776.00 $ 762,776.00
BUDGET EXPENDITURE TRANSFER:
Account Number Current Budget Revision Amended Budget
2322-542-P0004-51000 $ 160,398.00 $ (113,248.00) $ 47,150.00
2322-542-M0037-53000 $ - $ 113,248.00 $ 113,248.00 .
$ - $ - $
$ - $ - $
Total $ 160,398.00 $ - $ 160,398.00
Finance Approval:
/.
283