HomeMy WebLinkAboutAGENDA REPORT 2020 1104 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 4, 2020
ACTION Approved Staff Recommendation,
Including Adoption of Resolution No. 2020-
3969. (Roll Call Vote: Unanimous).
BY B.Garza.
J. Consider Award of Agreement to Zim Industries, Inc. dba Bakersfield Well &
Pump Company for Well Pump and Motor Replacement at Arroyo Vista
Community Park (AVCP), and Resolution Amending the Budget for Fiscal Year
(FY) 2020/21 Appropriating $23,000 from the Equipment Replacement Fund
(3003). Staff Recommendation: 1) Award contract to Zim Industries, Inc. dba
Bakersfield Well & Pump Company for $16,500, plus a contingency of $6,500, for
a total contract amount of $23,000 and authorize execution of the Agreement by
the City Manager, subject to final language approval by the City Manager; and
2) Adopt Resolution No. 2020-____ amending the FY 2020/21 budget to fund
construction services related to well pump and motor replacement at AVCP.
(Staff: Chris Ball) (ROLL CALL VOTE REQUIRED)
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Management Analyst
DATE: 11/04/2020 Regular Meeting
SUBJECT: Consider Award of Agreement to Zim Industries, Inc. dba Bakersfield
Well & Pump Company for Well Pump and Motor Replacement at
Arroyo Vista Community Park (AVCP), and Resolution Amending the
Budget for Fiscal Year (FY) 2020/21 Appropriating $23,000 from the
Equipment Replacement Fund (3003)
SUMMARY
Staff is recommending that City Council approve an Agreement with Zim Industries,
Inc., dba Bakersfield Well & Pump Company (Zim Industries), in the amount of $23,000
for replacement of the well pump and motor at AVCP, and allocate the funding for the
project from the Equipment Replacement Fund (3003).
BACKGROUND
In 2008, the submersible well pump and motor for W ell No. 1 at AVCP were replaced at
a cost of $21,835. The equipment was recorded as a depreciable asset and tracked in
the City’s asset listing.
On April 27, 2020, staff discovered that the well pump and motor for Well No. 1 failed
and enlisted the services of a qualified inspector to evaluate the condition of the
equipment. The inspector determined that the pump and motor were damaged beyond
repair and provided the specifications for the necessary replacement equipment.
DISCUSSION
It is difficult to determine the appropriate useful life of well equipment, as there are many
factors that contribute to excessive wear and stresses on these types of systems. The
well water at AVCP exhibits a high mineral content and a high solid ratio (primarily
Item: 10.J.
233
Honorable City Council
11/4/2020, Regular Meeting
Page 2
sand), which may have contributed to the failure of the equipment over time. Because
of this, the well water systems at AVCP have extensive filtering equipment to offset
damage to the valves, piping, and irrigation systems. However, the well pump and
motor are installed in a closed system approximately 160 feet below grade and currently
there are not efficient mechanical controls available to alleviate water quality issues
below grade.
Staff released an informal bid for the well pump and motor replacement on
September 17, 2020. Interested contractors were given an opportunity to inspect the
well site on September 23, 2020. Two bids were received before the submittal deadline
of October 2, 2020. The bid results were as follows:
Zim Industries, Inc. dba Bakersfield Well & Pump Company $16,500.00
Ike’s Pump and Drilling, Inc. $32,493.15
The apparent low bidder is Zim Industries, with a base bid price of $16,500.00. Staff
feels that Zim Industries possesses the necessary qualifications and experience to
perform the work.
The bids were evaluated on completeness and cost. It should be noted that there was a
discrepancy between the two bids. The Request for Proposals included the cost for one
20-foot section of well casing pipe, which is to be applied as needed if it is determined
that the steel well casing is corroded and requires replacement. This determination will
be made on site, once work on the pump replacement begins. Ike’s Pump and Drilling,
Inc. (Ike’s Pump) included the cost for 160 feet of steel well casing. Zim Industries
included the cost for one 20-foot section of well casing. Based on the unit cost in the
Zim Industries proposal, the cost to replace the total 160 feet of well casing is
$3,963.20. Staff is requesting a contingency in the amount of $6,500 for this project,
which will cover the cost of replacing the well casing, if necessary, and provide
additional contingency of approximately fifteen percent to cover unforeseen expenses.
The total contract cost, including contingency, will be $23,000.
FISCAL IMPACT
The cost of the contract with Zim Industries is $16,500, plus a contingency amount of
$6,500 as detailed above, for a total contract amount of $23,000. Funding for this work
was not included in the adopted FY 2020/21 budget. Therefore, staff is requesting a
budget amendment allocating $23,000 from the Equipment Replacement Fund (3003)
to fund the AVCP well pump and motor replacement. This fund has an available fund
balance of $1,059,851 which can only be allocated for capital costs and uses consistent
with equipment replacement.
234
Honorable City Council
11/4/2020, Regular Meeting
Page 3
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Award contract to Zim Industries, Inc. dba Bakersfield Well & Pump Company for
$16,500, plus a contingency of $6,500, for a total contract amount of $23,000
and authorize execution of the Agreement by the City Manager, subject to final
language approval by the City Manager; and
2. Adopt Resolution No. 2020-________ amending the FY 2020/21 budget to fund
construction services related to well pump and motor replacement at AVCP.
Attachment 1: Agreement with Zim Industries, Inc. dba Bakersfield Well & Pump
Company
Attachment 2: Draft Resolution No. 2020-____
235
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ZIM INDUSTRIES, INC. DBA BAKERSFIELD WELL & PUMP COMPANY
FOR WELL PUMP AND MOTOR REPLACEMENT
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2020, between the City of Moorpark, a municipal
corporation (“City”) and Zim Industries, Inc., a corporation, DBA Bakersfield Well &
Pump Company (“Contractor”). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
WHEREAS, City has the need for well pump and motor replacement services;
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, Contractor has submitted to City a Proposal dated October 2, 2020,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1.TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in Exhibit D and in conformance with Exhibit C, unless this
Agreement is terminated or suspended pursuant to this Agreement.
2.SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide well pump and motor replacement services, as set forth
in Exhibit C: Contractor’s Proposal, and Exhibit D: Contract Documents and
Specifications. 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 D.
Contractor shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit D.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of sixteen thousand five hundred dollars ($16,500.00), plus a contingency in the
amount of six thousand five hundred dollars ($6,500.00), for a total contract value of
twenty three thousand dollars ($23,000.00), without a written amendment to the
ATTACHMENT 1
236
Zim Industries, Inc. Page 2 of 18
dba Bakersfield Well & Pump Company
agreement executed by both parties. Payment by City to Contractor shall be in
accordance with the provisions of 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 their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be _________________________, and no other individual
may be substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed sixteen thousand five
hundred dollars ($16,500.00), plus a contingency in the amount of six thousand five
hundred dollars ($6,500.00), for a total contract value of twenty three thousand dollars
237
Zim Industries, Inc. Page 3 of 18
dba Bakersfield Well & Pump Company
($23,000.00), 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 the 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. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
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 this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
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 or
suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor’s control, and without fault or negligence of the
Contractor, it shall not be considered a default.
238
Zim Industries, Inc. Page 4 of 18
dba Bakersfield Well & Pump Company
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, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have seven (7) 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. 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 the City’s 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 an y
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 without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
239
Zim Industries, Inc. Page 5 of 18
dba Bakersfield Well & Pump Company
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
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.
240
Zim Industries, Inc. Page 6 of 18
dba Bakersfield Well & Pump Company
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 t he
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and Contractor shall comply with Exhibit B, California Public
Contract Code Section 9204, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical 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 Sec. 1735].
241
Zim Industries, Inc. Page 7 of 18
dba Bakersfield Well & Pump Company
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
Services 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 Services 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
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:
242
Zim Industries, Inc. Page 8 of 18
dba Bakersfield Well & Pump Company
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: John C. Zimmer, Vice President
Zim Industries, Inc. dba Bakersfield Well & Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308
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.
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.
243
Zim Industries, Inc. Page 9 of 18
dba Bakersfield Well & Pump Company
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain 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.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, 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, and Exhibits hereof.
26. 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.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
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
244
Zim Industries, Inc. Page 10 of 18
dba Bakersfield Well & Pump Company
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
ZIM INDUSTRIES, INC DBA
BAKERSFIELD WELL & PUMP COMPANY
By:_______________________________ By:_______________________________
Troy Brown, City Manager John C. Zimmerer, Vice President
Attest:
__________________________________
Ky Spangler, City Clerk
245
Zim Industries, Inc. Page 11 of 18
dba Bakersfield Well & Pump Company
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of 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 requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage 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 the 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 Insurance using Insurance Services Office (ISO)
“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 are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. 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 for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlyi ng
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
246
Zim Industries, Inc. Page 12 of 18
dba Bakersfield Well & Pump Company
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsements CG 2010 and CG
2037 with editions acceptable to the City. Contractor also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
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 discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any 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, the 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
247
Zim Industries, Inc. Page 13 of 18
dba Bakersfield Well & Pump Company
premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, 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 Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance 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
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the 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 contemplated by
this Agreement to self-insure its obligations to the 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 the 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 the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
248
Zim Industries, Inc. Page 14 of 18
dba Bakersfield Well & Pump Company
requirement in no way imposes any additional obligations to the 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 the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
249
Zim Industries, Inc. Page 15 of 18
dba Bakersfield Well & Pump Company
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. 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.
250
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 contracto r sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
251
Zim Industries, Inc. Page 17 of 18
dba Bakersfield Well & Pump Company
(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
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this
section.
252
Zim Industries, Inc. Page 18 of 18
dba Bakersfield Well & Pump Company
(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 their 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, 2027, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes
or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020.
Repealed as of January 1, 2027, by its own provisions.)
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
JANICE S. PARVIN
Mayor
CHRIS ENEGREN
Councilmember
ROSEANN MIKOS, Ph.D.
Councilmember
DAVID POLLOCK
Councilmember
KEN SIMONS
Councilmember
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
CITY OF MOORPARK
September 17, 2020
RE: Arroyo Vista Community Park Well No. 2, Pump and Motor Replacement
Proposals due by: 4:00 p.m. on October 2, 2020
The City of Moorpark is inviting licensed contractors to submit informal bid proposals for the
removal and replacement of a submersible well pump and motor at Arroyo Vista Community
Park (the Project). Contractor to verify site conditions prior to bid submission. No allowances
for cost adjustments will be made if a Bidder fails to adequately examine the Project site before
submitting a Bid.
This RFP does not commit the City of Moorpark to award a contract, to defray any costs
incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for
work. 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 thirty (30) 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.
INFORMAL BID PROPOSAL
Contractor to:
Provide all labor and materials, appliances, tools, equipment, facilities,
transportation and services necessary for and incidental to performing all operations and
improvements related to removal and replacement of a 40 HP submersible well pump and
motor, located at Arroyo Vista Community Park, Well No. 2.
Contractor shall complete all work under the Contract within thirty (30) Working
Days from the Notice to Proceed. The Contractor shall not be allowed to begin any
construction activity at the site before the issuance of the Notice to Proceed. Contractor shall
do all work, between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No work
will be allowed on Saturday, Sunday or City holidays.
Exhibit D
Contract Documents and Specifications
269
Informal Bid –Arroyo Vista Community Park Well No. 2 Pump and Motor Replacement
September 17, 2020
Page 2
Contractor responsibilities:
**CONTRACTOR AND ALL SUBCONTRACTORS MUST BE REGISTERED WITH THE
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) PURSUANT TO SB 854.
PROOF OF REGISTRATION MUST BE PROVIDED OR THE CONTRACTORS BID WILL
NOT BE ACCEPTED.
**THIS IS A PREVAILING WAGE PROJECT AND ALL PROPOSALS SHOULD BE BID AS
SUCH. CONTRACTOR IS REQUIRED TO SUBMIT CERTIFIED PAYROLL AND COMPLY
WITH ALL APPRENTICESHIP REQUIREMENTS AS OUTLINED IN LABOR CODE
SECTIONS 1720 et seq. and 1770 et seq. and 1777 et seq. ANY VIOLATIONS OF LC
SECTION 1776 WILL FORFEIT A $100/DAY/WORKER FINE FOR ALL WORKER’S PAID
LESS THAN THE PREVAILING WAGE RATE.**
1. Each bid must be submitted on the Bid Forms provided. All blanks in the Bid Form
must be filled in and the total cost must be stated in both words and figures. It is the sole
responsibility of the bidder to see that the bid is delivered to the proper place and received at
the proper time. Any bid received after the scheduled closing time for receipt of bids will be
returned to the bidder unopened.
2. Lowest bid will be determined by the total bid listed on the bid proposal sheet.
3. Or Equal Products. Contractor should be aware that when preparing the bid using an
“Or Equal” product, that acceptance of the “or equal” product is to be determined by the City
during the submittal process. If the City rejects the product that was bid as being “not equal”,
Contractor will be required to use the originally specified product with no adjustment to the bid
price.
4. The bidder to whom award is made shall execute a written contract with the City
within fourteen (14) calendar days after notice of the award has been sent by email to the
email address provided in the proposal. The contract shall be made in the form adopted by the
City and incorporated in these specifications. The bidder warrants that he/she possesses, or
has arranged through subcontracts, all capital and other equipment, labor and materials to
carry out and complete the work hereunder in compliance with all applicable Federal, State,
City, and Special District laws, ordinances, and regulations.
5. Required Licenses: Bidders must hold a valid Class C-61/D-21, State of California
Contractor's License, and have carried a valid Class C-61/D-21 license continuously for the
last 5 years.
6. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
which requires all Contractors on City projects, regardless of cost, to prepare a Construction and
Demolition Materials Management Plan (available at www.moorparkca.gov/CDplan) and divert a
270
Informal Bid –Arroyo Vista Community Park Well No. 2 Pump and Motor Replacement
September 17, 2020
Page 3
minimum of 65% of material generated during the project from disposal in a landfill (through reuse
or recycling). You will be required to submit a Diversion Security Deposit of up to 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 the City’s franchised hauler (Waste Management ), 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 805-517-6241 with questions about the C&D
ordinance or about how to obtain the forms and documentation requirements.
7. Contractor will be required to provide Payment and Performance bond in the
amount of 100% of the bid price in the form incorporated herein as Attachment 4.
8. Verify that areas to remain unaltered adjacent to areas of work are completely
secured and properly barricaded to ensure separation of such operations with anybody other
than who is authorized to be in construction area before beginning such work. Provide
barricades and maintenance thereof, in accordance with applicable Federal, State and local
codes and their respective requirements. Install temporary barricades, enclosures and
protections before work is started.
9. Contractor’s working hours are between 7:00 a.m. and 5:00 p.m., M-F.
10. Perform work exercising proper care to prevent injury to the public, workmen and
areas not included in this work scope. Repair or replace existing work scheduled to remain,
which is damaged by these operations.
11. Limit noise to a reasonable level as related to specific items of equipment used and
their hours of use. This does not preclude use of mechanical equipment, i.e. jack hammers,
heavy equipment.
12. Site and surrounding areas to be left clean and free of any debris or other
unsuitable materials.
271
Informal Bid –Arroyo Vista Community Park Well No. 2 Pump and Motor Replacement
September 17, 2020
Page 4
13. Submit schedule for approval by the City’s Representative indicating proposed
methods and sequence of operations for work. 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 as applicable, and the Traffic Control Plan.
14. It is Contractor’s responsibility to comply with all applicable storm water and urban
runoff permits, regulations, codes or laws.
15. Storage of equipment, supplies and materials shall be allowed at designated places
at the job site as determined by the City. Contractor shall secure equipment, supplies and
materials within a fenced enclosure provided by contractor. 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 permanent. Contractor acknowledges that the Indemnification in the Agreement
document applies to such storage.
16. Contractor will provide a competent English-speaking Superintendent to oversee
the complete project. The Superintendent shall be present at all times work is being performed.
The Superintendent shall have the authority to bind Contractor through Superintendents acts.
The Superintendent shall represent the Contractor; communications given to the
Superintendent shall be binding on the Contractor.
17. Contractor 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 until final acceptance by the City.
18. Contractor shall repair at his own expense, any damage, whether inside or outside
of the project limits, to utility systems, surface pavements, fixtures, structures, or vegetation
that is not specifically indicated to be removed. All damaged items shall be repaired to their
original condition, as acceptable to the City.
19. 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.
20. If a prospective bidder is in doubt or has any questions as to the true meaning or
intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or
omissions, he/she may submit, to the City, a written request for an interpretation or a
correction thereof. Interpretations or corrections shall be made only by addendum duly issued
by the City. A copy of such addendum will be posted on the City website and emailed to each
272
Informal Bid –Arroyo Vista Community Park Well No. 2 Pump and Motor Replacement
September 17, 2020
Page 5
person registered with the City as an interested bidder on the Project and such addendum
shall be considered a part of, and incorporated in, the Contract Documents. Questions must
be received in writing no later than 96 hours prior to the bid deadline in order to provide
the City sufficient time to evaluate the question and respond no later than 72 hours
prior to the bid deadline. Questions received after the 96 hour deadline will be deemed
not received.
By submitting this proposal, Contractor agrees to sign the City’s standard Agreement and to
provide the insurance required by the contract. A copy of the Standard Agreement and
Insurance Requirements is attached to this proposal. Contractors are encouraged to review
the insurance requirements with their insurance companies to ensure that all terms can
be met.
Contractors interested in bidding the project, should register by e-mailing Kimberly
Sexton, Administrative Assistant at ksexton@moorparkca.gov.
Proposals are due by October 2, 2020 at 4:00 p.m. Proposals are to be submitted to:
Chris Ball, Management Analyst
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
Please mark outside of the envelope:
DO NOT OPEN, INFORMAL BID FOR
ARROYO VISTA COMMUNITY PARK WELL NO. 2
WELL PUMP AND MOTOR REPLACEMENT
Questions regarding this RFP can be directed to the City’s representative in writing via e-mail
only. As noted in item 18 above, questions must be received in writing via email no later than
96 hours prior to the bid deadline. Questions received after the 96 hour deadline will be
deemed not received. Direct all questions to:
Chris Ball, Management Analyst: cball@moorparkca.gov
Attachments:
1 – Bid Proposal (To be filled out and submitted with Bid)
2 – City Standard Agreement and Insurance Requirements
3 – Form of Payment and Performance Bond
4 – City Holidays
5 – Scope of Work
6 – Site Photos
273
Attachments 1 and 2 are the
Contractor's Proposal forms (Exhibit C)
and the sample agreement documents,
and have been removed from this
Exhibit D so as not to be duplicative.
274
ATTACHMENT 3
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:
Arroyo Vista Community Park Well Pump and Motor Replacement, Well No. 2
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than the total
Contract Price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions in the Contract and any
alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void one year after the recordation of the
Notice of Completion by Principal; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees,
incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an
action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or of the Work to be performed thereunder or the specifications accompanying
the same shall in any manner affect its obligations under this Bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or
275
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”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(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.
276
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:
Arroyo Vista Community Park Well Pump and Motor Replacement, Well No. 2
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure
the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4
of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully
enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section
9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and
penalty assessment against the principal, any of its subcontractors, or both the principal and its
subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a
joint labor management committee may commence an action against the principal, any of its
subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if
the condition of this Bond be fully performed, then this obligation shall become null and void one year
277
after the recordation of the Notice of Completion by the Principal; otherwise, it shall be and remain in
full force and effect.
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”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(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.
278
PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN
THE SPACE PROVIDED BELOW
SURETY – Contact Information
__________________________________________
Attn:_______________________________________
Address:___________________________________
City State Zip_______________________________
Phone #:___________________________________
BROKER – Contact Information
_______________________________________
Attn:___________________________________
Address:________________________________
City State Zip ____________________________
Phone# ________________________________
279
ATTACHMENT 4
CITY HOLIDAYS – 2020
Monday, November 11: Veterans Day
Thursday, November 26: Thanksgiving Day
Friday, November 27: Extended Thanksgiving Holiday
Tuesday, December 24: Christmas Eve (Four (4) Hours)
Wednesday, December 25: Christmas Day
280
ATTACHMENT 5
Scope of Work
For
Arroyo Vista Community Park Well No. 2
Well Pump and Motor Replacement
Project: Supply and Install New 40 HP Submersible Pump, Motor and Equipment/Materials.
Incoming power: 460V 3PH
Materials:
Goulds 40 HP Sub Turbine Pump End Model #ML7CLC-4 Stage 6” or equal
Hitachi 6” 40HP 460V 3PH Submersible Motor or equal
200’ # 4/3 Flat-Jacketed Submersible Cable w/Ground
6” Ductile Iron Spring Check Valve
20’ 6” Black Steel Pipe T&C (as needed)
Splice kit, tape, and miscellaneous materials
Labor and Equipment:
The existing 6” steel pipe, cable, spring check valve, pump and motor have been
removed from the well and are located adjacent to the work site. Contractor shall
dispose of all equipment and supplies that will be replaced as required of this project.
Provide crane and all necessary equipment. Supply and install new well pump and
motor in existing well. Assemble new pipe with new couplings as needed (prior written
approval by City is required). Supply and make all necessary plumbing and electrical
connections needed to complete installation. Start and check pump for proper
performance.
281
ATTACHMENT 6
SITE PHOTOS
282
CITY OF MOORPARK
JANICE S. PARVIN
Mayor
CHRIS ENEGREN
Councilmember
ROSEANN MIKOS, Ph.D.
Councilmember
DAVID POLLOCK
Councilmember
KEN SIMONS
Councilmember
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
September 21, 2020
ADDENDUM NO. 1
for
Arroyo Vista Community Park
Pump and Motor Replacement
Identification No. IB-2020-3
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:
QUESTIONS/CLARIFICATIONS:
1.Q: Do you have a well completion report?
A: No
2.Q: Drop Pipe Size?
A: 6”
3.Q: Proposal is only requesting 20’ of pipe, how was this verified?
A: 20’ is an estimate and is included in the project Scope-of-Work on an as-
needed basis.
4.Q: Cable Size (#4)?
A: Scope of Work states #4/3 flat-jacketed submersible cable w/Ground.
5.Q: What depth is the Motor and Pump set at?
A: Approximately 170’
6.Q: What is the existing Pump Model?
A:Goulds 7CLC 40 HP 4 stage submersible pump
7.Q: What is the desired gallons per minute?
A: 330 GPM
8.Q: Is the equipment listed in the proposal open for variation? i.e. Can I
substitute a different motor manufacturer?
A: Yes, provided the material and equipment is an ‘equal’ product.
Equipment submittal will be required prior to installation for any ‘equal’
283
Addendum No. 1
Arroyo Vista Community Park Pump and Motor Replacement
Page 2
products. City will reject any equipment that does not meet the specifications of
the equipment listed in the Scope-of-Work.
9.Q: The informal bid states Arroyo Vista Community Park Well No. 2. Is
this Well No. 1 or Well No. 2?
A: The correct well number is Well No. 1
10.Q: Do you have a map that shows the well location or can we go out to
see the well?
A:Location diagram is attached. Well is located at Arroyo Vista Community
Park: 4550 Tierra Rejada Road, Moorpark, CA 93021. City staff will be
available to open the well house on Wednesday, September 23, 2020 at 9:30
a.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 proposal and no additional compensation will be allowed therefore.
__________________________________________
Jeremy Laurentowski, Parks and Recreation Director
Questions regarding this addendum may be directed to the City’s Project Representative
Chris Ball, cball@moorparkca.gov no later than 4:00 p.m. September 28, 2020.
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT
CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name:
Authorized Representative:
Signature of Authorized Representative:
Jeremy Laurentowski
284
Arroyo Vista Community Park
285
CITY OF MOORPARK
JANICE S. PARVIN
Mayor
CHRIS ENEGREN
Councilmember
ROSEANN MIKOS, Ph.D.
Councilmember
DAVID POLLOCK
Councilmember
KEN SIMONS
Councilmember
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
September 24, 2020
ADDENDUM NO. 2
for
Arroyo Vista Community Park
Pump and Motor Replacement
Identification No. IB-2020-3
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:
QUESTIONS/CLARIFICATIONS:
1.Q: What is the Well Casing Diameter and total well depth?
A: Casing is 12” and total well depth is approximately 200’.
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 proposal and no additional compensation will be allowed therefore.
__________________________________________
Jeremy Laurentowski, Parks and Recreation Director
Questions regarding this addendum may be directed to the City’s Project Representative
Chris Ball, cball@moorparkca.gov no later than 4:00 p.m. September 28, 2020.
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT
CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name:
Authorized Representative:
Signature of Authorized Representative:
Jeremy Laurentowski
286
RESOLUTION NO. 2020-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2020/21 BUDGET BY APPROPRIATING $23,000 FROM
EQUIPMENT REPLACEMENT FUND (3003) TO FUND WELL
PUMP AND MOTOR REPLACEMENT AT ARROYO VISTA
COMMUNITY PARK
WHEREAS, on June 17, 2020, the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2020/21; and
WHEREAS, a staff report has been presented to the City Council requesting a
budget amendment in the amount of $23,000 from the Equipment Replacement Fund
(3003) to fund well pump and motor replacement at Arroyo Vista Community Park; 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 $23,000 from the Equipment
Replacement Fund (3003) to fund well pump and motor replacement at Arroyo Vista
Community Park, as more particularly described in Exhibit “A”, attached hereto, is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of November, 2020.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
ATTACHMENT 2
287
Resolution No. 2020-_____
Page 2
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
3003-000-00000-33990 23,000.00$
Total 23,000.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
3003-541-R0030-55000 -$ 23,000.00$ 23,000.00$
-$ -$ -$
Total -$ 23,000.00$ 23,000.00$
Equipment Replacement Fund
EXHIBIT A
BUDGET AMENDMENT FOR
WELL PUMP AND MOTOR REPLACEMENT AT
FY 2020/21
Fund Title
ARROYO VISTA COMMUNITY PARK
288