HomeMy WebLinkAboutAGENDA REPORT 2023 0104 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 4, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider Award of Bid to Richard S. Hottel dba California Surfacing for Tennis
Court and Basketball Court Resurfacing, and Windscreen Replacement for a Total
Contract Amount of $83,789.00. Staff Recommendation: Approve Agreement with
Richard S. Hottel DBA California Surfacing for Tennis Court and Basketball Court
Resurfacing, and Windscreen Replacement for a total contract amount of
$83,789.00 which includes a 15% contingency of $10,929.00; and authorize the
City Manager to sign the Agreement, subject to final language approval of the City
Manager. (Staff: Jeremy Laurentowski, Parks and Recreation Director)
Item: 10.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 01/04/2023 Regular Meeting
SUBJECT: Consider Award of Bid to Richard S. Hottel DBA California Surfacing
for Tennis Court and Basketball Court Resurfacing, and Windscreen
Replacement for a Total Contract Amount of $83,789.00
BACKGROUND & DISCUSSION
Periodically, the City’s sports courts need resurfacing in order to maintain a competitive
and slip resistant play surface. Currently, the basketball courts at Poindexter Park and
Campus Canyon Park, and the tennis courts at Arroyo Vista Community Park (AVCP) are
in need of resurfacing and restriping. Additionally, the pickleball court screening at Tierra
Rejada Park has reached the end of its useful life and requires replacement. Staff
prepared a request for informal bids that was released on December 9, 2022. Four bids
were received by the bid due date of December 22, 2022. The bidders and their bid
amounts were:
California Surfacing $72,860.00
True Line $106,665.40
Pacific Tennis Courts, Inc. $128,821.00
Tosted Asphalt, Inc. $137,500.00
California Surfacing’s bid is $72,860.00 and represents the lowest responsible bid.
California Surfacing is a sole proprietorship owned and operated by Richard S. Hottel.
The bids were evaluated on completeness and cost. Staff feels that California Surfacing
possesses the necessary qualifications and experience to perform the work.
It should be noted that staff included a line item in the Bid Schedule to add pickleball
striping at four tennis courts at AVCP, for a total of eight pickleball courts. The total cost
of the pickleball striping is $2,370.00. Staff will be presenting an agenda report to the City
Council during the January 18, 2023, regular meeting regarding options for more
pickleball courts. Staff will coordinate this work with the contractor should the City Council
direct staff to restripe the courts at AVCP for both tennis and pickleball. Staff anticipates
completing this work by the end of February, 2023.
Item: 10.B.
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Honorable City Council
01/04/2023 Regular Meeting
Page 2
Additionally, in 1999, the City and Moorpark Unified School District (MUSD) entered into
a Joint Use Agreement for use of the tennis courts at AVCP. Under the terms of the
Agreement, MUSD was responsible for half the cost to construct the tennis courts, and in
exchange, MUSD has priority use of the courts during the tennis seasons, as well as
certain times during the year for tournaments and physical education classes. MUSD
also pays for half the maintenance costs associated with the courts each year. These
costs include the replacement of nets, wind screen, resurfacing, and any other regular
maintenance cost incurred by the City. Staff reached out to MUSD in January of last year
to inform them that the courts would need to be resurfaced and they included funding in
their current fiscal year operating budget to cover these expenses. The costs for the
additional pickleball lines would be covered by the City.
FISCAL IMPACT
Funding has been included in the Fiscal Year (FY) 2022/23 Operating Budget to perform
this work. Staff is not requesting any additional appropriation. Additionally, per the terms
of the Joint Use Agreement, MUSD will pay for half the cost of the work to resurface the
tennis courts at AVCP for a total reimbursement to the City of $25,160.00.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Agreement with Richard S. Hottel DBA California Surfacing for Tennis Court and
Basketball Court Resurfacing, and Windscreen Replacement for a total contract amount
of $83,789.00 which includes a 15% contingency of $10,929.00; and authorize the City
Manager to sign the Agreement, subject to final language approval of the City Manager.
Attachment: Agreement
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
RICHARD S. HOTTEL DBA CALIFORNIA SURFACING, FOR SPORT COURT
RESURFACING AND WINDSCREEN REPLACEMENT SERVICES
THIS AGREEMENT, is made and effective as of
____________________________, between the City of Moorpark, a municipal
corporation (“City”) and Richard S. Hottel, a sole proprietor, dba California Surfacing
(“Contractor”). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
WHEREAS, City has the need for sport court resurfacing and windscreen
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 December 22,
2022, 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 and Exhibit D, 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 sport court resurfacing and windscreen 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 C and D.
Contractor shall complete the tasks according to the schedule of performance , which is
also set forth in Exhibit C.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or contract value of
seventy-two thousand eight hundred sixty dollars ($72,860.00) as stated in Exhibit C, plus
a contingency of ten thousand nine hundred twenty-nine dollars ($10,929.00), for a total
contract value of eighty-three thousand seven hundred eighty-nine dollars ($83,789.00),
without a written amendment to the Agreement executed by both parties. Payment by
City to Contractor shall be in accordance with the provisions of this Agreement.
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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 duri ng 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 Richard S. Hottel, 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 seventy-two thousand eight
hundred sixty dollars ($72,860.00), plus a contingency of ten thousand nine hundred
twenty-nine dollars ($10,929.00), for a total contract value of eighty -three thousand seven
hundred eighty-nine dollars ($83,789.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
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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.
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
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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 one
hundred fifty dollars ($150.00) 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 al low
inspection of all work, data, documents, proceedings, and activi ties 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, sha ll 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, trans ferring, and
printing computer files.
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
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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 righ ts 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.
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
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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 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].
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.
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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 o r within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Richard S. Hottel, Owner
California Surfacing
4457 Oak Lane
Claremont, CA 91711
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.
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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.
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.
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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 h ereof.
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 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK RICHARD S. HOTTEL DBA
CALIFORNIA SURFACING
By:_______________________________ By:_______________________________
Troy Brown, City Manager Richard S. Hottel, Owner
Attest:
__________________________________
Ky Spangler, City Clerk
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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 minimu m 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 lia bility 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 payabl e 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.
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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 endorsement CG 2010 and CG 2037
with edition 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 premium so paid
233
Richard S. Hottel dba California Surfacing Page 13 of 18
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 requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
234
Richard S. Hottel dba California Surfacing Page 14 of 18
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 t ype 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 comp lying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
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)
235
Richard S. Hottel dba California Surfacing Page 15 of 18
to monitor the handling of any such claim or c laims 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.
236
Richard S. Hottel dba California Surfacing Page 16 of 18
EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state
and its citizens to ensure that all construction business performed on a public works
project in the state that is complete and not in dispute is paid in full and in a timely
manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section
19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works
project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(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.
237
Richard S. Hottel dba California Surfacing Page 17 of 18
(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.
238
Richard S. Hottel dba California Surfacing Page 18 of 18
(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 sub contractor 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 reas onable
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 sec tion.
(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.)
239
ATTACHMENT 1
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
TENNIS COURT AND BASKETBALL COURT RESURFACING,
AND WINDSCREEN REPLACEMENT
Bids to be received on or before December 22, 2022 at 4:00 p.m.
Contractor: ___ a~· ._,_;_-fo_f_()_\ -~--~--\J_r_-/4_-_'-_: _l'-d-+----------
Street Address 44 S, De; k /..._c, >-.c ----------------+----------
City CJ q r cm otv--A-State t -A-Zip Code °117 I I
Contractor's License No 4Q435)._ Class (! l, J , Expiration Date Q3 J J 2 Z3
/b'-}-7 J
DIR Contractor Registration Number: J 000 4 t O 3 0 0
Contact Name:_~R~1_C_h_-~H~v-l~+--c_l __________ _
Telephone Number
The undersigned swears under penalty of perjury that the information regarding the Contractor's License
:i:::t::do::;:::, __ :~/ ()W hPf
·,-,.✓ Title
240
BID PROPOSAL (continued)
SCHEDULE A -PROPOSED SCHEDULE OF WORK AND PRICES
All costs associated with the work shall be included in the submitted unit pricing. Bids submitted will be
held to the total cost provided in the response quote. The Total Bid Price shall establish the awarded
Contractor's total project cost. 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 sites before
submitting a Bid.
LOCATION A: Arroyo Vista Community Park
SOW ITEM QTY UNIT AMOUNT PRICE
A1: Tennis court
resurfacing and 1 LS $ So, 3.)..o. ao
restriping
A2: Pickleball striping 1 LS $ ;2..1 3 70 . (JU
LOCATION A TOTAL PRICE (Total Lines A1 & A2): $ 5 C) d-, 0 JO. oo I
LOCATION B: Poindexter Park
SOW ITEM QTY UNIT AMOUNT PRICE
B1: Basketball court
resurfacing and 1 LS $ -~770 . oCJ restriping
LOCATION B TOTAL PRICE (Total Line 81): $ 5' 7·7c). CJ O I
LOCATION C: Campus Canyon Park
SOW ITEM QTY UNIT AMOUNT PRICE
C1: Basketball court
resurfacing and 1 LS $ 4So6 . ocJ
restriping
LOCATION C TOTAL PRICE (Total Line C1): $ 4-Sou. oo I
LOCATION D: Tierra Rejada Park
SOW ITEM QTY UNIT AMOUNT PRICE
01: Pickleball court
windscreen 1 LS $ 9900. ocJ
replacement
LOCATION D TOTAL PRICE (Total Line D1): $ 9900 · 00 I
241
BID PROPOSAL (continued)
--, d. I f!£o c). ()U
TOTAL BID PRICE IN DIGITS (Location A+B+C+D): $ ______________ _
TOTAL BID PRICE IN WORDS: 5::->\.,/(,?n+y +t..:J.::do +4,v) tj ~ o/0; 5"d-iuaka:l Sv y 1/
Note: Items may be adjusted or deleted. The City reserves the right to delete any Bid item in its entirety.do,/e,,/(
If this right is exercised, the Contractor shall receive no compensation for the deleted item. Any changes
to the quantities for these items shall not constitute a substantial change to the Scope of Work. 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. It is understood that the lump sum Bid prices include without limitation, all
a ppurtenant expenses, permits , taxes , royalties , and fees associated with the Bid item . TH E CITY
RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT.
Signature : __ 1
·_· --~--'--"-e-;.:o/~-:;,~--....... · ._____--.. _--_·-_···_·•··-_·_._•_. __
, ......
'
Ti t le : __.,_[""""kuc......c.....-_l')_C'"'_. _f __ Date : / .)__ -:].,2 -.2d 22
242
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: December 22, 2022, at 4:00 p.m.
The undersigned bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the City
of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled TENNIS
COURT AND BASKETBALL COURT RESURFACING , AND WINDSCREEN REPLACEMENT.
Bidder accepts all of the terms and conditions of the Contract Documents , including without limitations,
those in the Informal Bid Proposal and Specifications (Appendix 6).
This Bid will remain valid for a 90-day period. By signing this Bid proposal, the bidder agrees to enter into
a Contract within the time and in the manner as required in the Bid documents . Bidder understands
that by submitting this Bid, bidder is agreeing to furnish the insurance certificates, endorsements,
and Bonds as required by the Contract Documents. Contractor understands that failure to provide
the insurance certificates , endorsements and bonds will cause bidder to forfeit th ~~d bond and
City will terminate the Bid award and award the Bid to the next lowest bidder. --~-"------
(bidders initials)
Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid
Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number: / Date: 12 -· JG, · Z dZ Z.
Bid Addenda Number: Date: -----------
Bid Addenda Number: Date: -----------
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the
site together with the surrounding environment and locality, the legal requirements involved (including all
applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions
affecting costs, progress or performance of the Work and has made such independent investigations as
bidder deems necessary.
To all the foregoing said bidder further agrees to complete the Work required under the Contract
Documents within the Contract Time stipulated within the Contract Documents, and to accept in full
payment therefore the Contract Price named in Schedule A -Proposed Schedule of Work and Prices.
The Bid must be signed in the name of the bidder and must bear the signature in longhand of the person
duly authorized to sign for the Contractor.
Bidder: SJ I re.' i l't
Title: Dw v\C'r'
243
BIDDER'S STATEMENT OF QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidder's financial ability and a general description of similar
work performed.
Required Qualifications: Bidders must hold a valid State of California Contractor's License
Class A, and/or Class C-12, and/or C-32 at the time the Bid is submitted to the City and must
have been licensed in California for the last five years.
Number of years engaged in providing the .w_9fk i~clud d within the scope of the specifications
under the present business name: Ck I, hr r, 1 "'"" c:.J r -c:.. c /\ .
List and describe fully the last three contracts performed by your firm which demonstrate your
ability to complete the work included within the scope of the specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name:
Contact Individual: -wsF.t,one No .__._....,.._....,_...:;.,.;._--"--==--
,,~ , Address: "I"''") otl r <>e;,-1( / .. J. vri:.. ,,.-v?Ou/ ~)c,1-c'., C¥:'."1 ; oz I
6f' :idu Contra~!Amo.uo.t-~ 0'5u r '--'4'& +cµ,ors · c 4-·f Year: 20 19
, 1 __ Description of work done: ·'-'3 (}, eek" '!?.e Su r-4 (. c oA +(' n ¥1; ~ -I -&. sJ.c } he:,, I
Reference No. 2
Customer Name: SuuJ-1"' l?c-i~~QQ:3 US/)
Contact Individual: A /+rode> fcf'<'' e-Phone No. -$"62.. (?£9 1.'i;;i,.,..J.../-
Address: /(JZ U £1 <e,'.]~(U s-t-s f½s e~clo.~c. C'/,} .. ?10 3 6
Contract Amount: i.S-6 o o (J Year: ..2 02·2-
Description of work done: / _/':
~"';s · > rrc.c.cd 3 p ie;:;/ '-➔a.> U v\{L)~
T I /vi ;c/tol : ~c &ool J
Reference No. 3
Customer Name: ~/\ £y;.,,' ro-.rc), ''"'" t?,+-y US J..J
Contact Individual: Sft~/\ Tho f'\,,.a ';5 Phone No. 9 .. )"I .54 .:,1 ,V-, 2-::7
Address: 777 A,,, F Sr ~"" f:-x:ra;cc,i u-·'(, t'A 9-2'-JlCJ
Contract Amount: 9~ C o c, ffll' Year: :Z t>z. -z...
Description of work done: ,
Su rrc.:.<:..(·d 1 2-11Ctv a s1ar;e .. , i
244
BIDDER'S STATEMENT OF QUALIFICATIONS AND REFERENCES
(Continued)
STATE OF CALIFORNIA, couNTY OF L s-A /1 Bc lc \
I am the Ow /'"10'/' ___ -_-_---:::~:~~~~~~~~=-o-f _C_s_J_; _-/2_r_n_,-Q-........ J-u_1_--A_-~_> (-~-<'1-5 __ _
the bidder herein. I have read the foregoing statement and know the contents thereof; and I
certify that the same is true to my knowledge, except as to those matters which are therein stated
upon my information or belief, and as to those matters I believe it to be true .
i:r s --· . L-
Executed on (_ d-I l 1-C z -z._, at -~C_I Q_,,_rc-·m~_ol'},(J _____ , California,
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Title
245
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the
total lump sum bid amount1 . (NOTE: If bidding contractor does not have the appropriate specialty designations as
required by these bid documents, then a subcontractor with the appropriate specialty designation must be listed here. Failure to
do so may result in the bid being disqualified.)
Subcontractor Name: License No:
Classification :
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
f\ , ..... •• ,r
/'
Subcontractor Name: ,'\ License No :
\ Classification :
Subcontractor A,"\\ Subcontractor Phone :
\
Type of Work : '-.._) \ Percent Work to
~ be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address : Subcontractor Phone:
Type of Work: Percent Work to
be done:
attach more sheets ·f necessa /
-' ..... --
ry)
Total Percentage 2 ___ ,0=----
.... ·"'
..1:) -,J., -2oZ{_
Date
1 Based on co t ct price
2 May not exce 50% of contract price , in accordance with Section 3-2 of the Greenbook.
246
NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the O UJ re r of ~ 1 ; .for " 1. q_ $_i r ~"'C; '') , the party
making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation. The bid is genuine and
not collusive or sham. The bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from
bidding. The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead , profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his
or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has
not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf
of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
tru ~ and correct, and that this declaration is executed on .;2-:)_ N
11 i::x:,ce1nlcr [date], at
C /•\f'.f('no/lr [city], C/~ [state].
Name of Bidder:
Signature of Bidder:
Address of Bidder:
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
247
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE§ 1189)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF l-6.s, ~lt8
onDCL-:, 2-~ A:,2.-l., before me, _L___:::~~'...-'<---l---,t...,.;;;_.1...LCLµ;:..c.=,,,__-----'I..Ll.l..Jt.o=:la"'il.../
(Date) and Title of the Officer)
personally appeared 7?._t,clu,.,v-J -.Seed+ tk++r,(
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct .
(Notary Seal)
___________ ADDITIONAL OPTIONAL INFORMATION. _________ _
Description of Attached Document #
Title or Type of Document:V't,,IA -Gz,l\vS:,o½ '\)Lc.\o..~ Document Date: i2
Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _
Additional Information: _________________________ _
rev isio n dat e 01 /01/201 5
248
COMPLIANCE WITH ENVIRONMENTAL, HEAL TH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of California
to cause concern, birth defects or other reproductive harm into water or onto land where such
chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding
any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all
provisions of the Act relating to the discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not
discharge such chemicals on the job site which will result in the discharge of such chemicals,
and shall, upon completion of performance of all other duties under this contract, remove all
supplies, materials and waste remaining on the job site which if exposed, could result in the
discharge of such chemicals. Contractor shall be financially responsible for compliance with
Proposition 65.
Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit
smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply,
within 24 hours from the time City issues and Contractor receives a written notice of
noncompliance or within the time of an abatement period specified by any government agency,
whichever period is shorter, City may give notice of default to Contractor, and at the City's option,
elect any and all righ ,s--orr~medi s-s.e.t.f9rth in this agreement. ........... ,
\ ...-:?'
Approved by Contractor;_.,._ . ..,,.. ___ --=a _c...._"' J..,_I /2_1_r1_[ c._ ... _S_u_,/4_a..,..· _c_,· ........ ___,• '----,..-,----
··,.. R /l I I-~ ..,..,,_o I ( \' • Nt!f-fc j •,, .V·~v J
Title: Ou J f'i<?./
Date: J 2 -:J... 1 .,. J-02 L
249
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 177 4 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 ~o.rke 's compensati n or to undertake self-insurance in accordance with the provisions of that code ,
and I will comply with-s'i:rch-p~v ·,J ?os before commencing the performance of the work of this contract."
<:........ __ ,.c:, .. · "· ·-. .
Signature .. / Date / .2. ~ d<. I -;il.,C)(;)_ :;:l,
Printed Name ~ l C ·I+ · ~ /-hr/ +-a J
Company (a /; Hr f'\ , C.. ~u ,fa c ; t"l )
Title OlAJ /) C .r
250
ATTACHMENT 2
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. NIA ----
WHEREAS the City of Moorpark ("City"), has issued an invitation for Bids for the Work described
as follows: Tennis court resurfacing and restriping at Arroyo Vista Community Park, basketball
resurfacing and restriping at Poindexter Park and Campus Canyon Park, and windscreen
replacement at Tierra Rejada Park and Miller Park.
WHEREAS California Surfacing-4457 Oak Lane, Claremont, CA 91711
(Name and address of Bidder)
("Principal"), desires to submit a Bid to City 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 _____________ _
Philadelphia Indemnity Insurance Company -800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101
(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 City in the penal sum of 10% of Bid Amount not
to Exceed Ten Thousand and 00/100
Dollars ($ 10 000.00 ), 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 City 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 City in the suit and reasonable attorneys' fees in an amount fixed by the court . Surety
hereby waives the provisions of Civil Code Section 2845.
251
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 : December 20, 2022
"Principa l" "Surety"
Calfornia Surfacing Philadelphia Indemnity Insurance Company
By :
c----cz. <-& ,... a
By: < 0---C
R.E.Gail
Its: Its : Attorney-in-Fact
By: By:
Its: Its:
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority
of any person signing as attorney-in-fact must be attached.
252
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF 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 San Be rnardino }
On DEC 2 0 2D22 before me, Br e ndan Gail Nota Public
-------------=-"--"-=-c'-'-'-'=--=--'-'-'ii'cHe,_rec..,i.c.cns'-ert""nc..cac...m'-e a""n~d ""tit'""1e-"-o ,-,ith'-e~o=ffic-e~r) ____ _
personally appeared ____ R_._E_._G_a_il ________________ _
who proved to me on the basis of satisfactory evidence to be the person{s}whose
name(s.} is/-ara subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity~, and that by
his/her/their signaturefs-) on the instrument the person(.s-), or the entity upon behalf of
which the person(.s-) acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
W~TNESS my 7 nd and official seal.
311A&tLouv
N ota ry Public Signa ture (N otary Publi c Sea l)
INS TRUC TIONS FOR COMPL ETI NG T HI S FO RM
ADD I Tl O NAL Q PTI Q NAL INF Q RMA Tl Q N Thisfon11 complies with curre11t Califomia statutes regarding 11otary wordi11g and,
DESCRIPTION OF THE ATTA CHED DOC UMENT
(Titl e or description of attached document)
(T it le or desc rip tion of attached doc ument continued)
Numb er of Pag es __ Doc um en t Date ___ _
CAPACITY CLAIMED BY THE SIGNER
□ Individu a l (s)
□ Corporate Offic er
(Title)
□ Pa rtn e r(s )
□ Attorney-in -Fac t
□ Truste e (s )
□ Othe r __________ _
2015 Version www.NotaryClasses.com 800-873-9865
i('11eeded, should be completed and attached to the document. Acknowledgments
_fi-0111 other sta tes may he completed.for do cu111e11ts he ing sent to that state so long
as the wordi11g does 11ot require the California 11ota,y to violate Califo m ia 11ota,y
law.
• State and Co unty information must be the State and County where the doc ument
signer(s) p ersonally appeared before the notary public for acknowledgment.
• Date of no tarization must be the date that the signer(s) personally appeared wh ich
must a lso be the sam e date th e acknow ledgment is completed.
• The no tary p u b li c must p rint his or her name as it appears within his or he r
co mmission fo ll owed by a comma and then your title (notary pub li c).
• Pri nt the name(s) of document signer(s) who personally ap p ear at the time of
notarization.
• Ind icate the coJTect singular or plural fonns by crossing off incoJTect fonns (i.e.
l>e/s he/tl,ey;-is /are) or c ircling the correct forms. Fai lure to correct ly indicate this
infom1ation may lead to rejection of document reco rding.
• The notary seal im pressio n must be c lea r and photographically reproducible.
Impression must no t cover text or lines. If sea l impress ion smudges, re-seal if a
sufficient area perm its , otherwise com pl ete a di fferent acknowledgmen t form.
• S ignat ure of th e notary pub li c must match the signature on fi le with the o ffi ce of
the county clerk .
❖ Additional infonnation is not required but could help to ensure thi s
acknowledgment is not m isused or attac hed to a d i fferent document.
❖ Indicate title or type of attached document, nu m ber of pages and date.
❖ Ind icate the capacity c laimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach th is document to the signed document w it h a stap le .
253
PHILADELPHIA INDEMNITY INSURANCE COMPANY
On e Bal a Plaza , S uit e I 00
Ba la Cyn wyd, PA 19004 -095 0
Power of Attorney
KNOW ALL PER SO NS BY TH ESE PRES EN TS: Th at PHILADELPHIA INDEMNITY INSURANCE COMPANY (th e Company), a corporation organize d and
ex isting under th e law s of th e Commo nwealth of Penn sy lva nia , does he re by con stitute and appoint R.E. Gail and Brendan Gail of Si erra Summit Sure ty In s uran ce
Service s. Inc. it s tru e and law ful A ttorn ey-in -fact with full auth ority to execute on it s be ha lf bond s, und ert a kin gs , recogni za nc es and oth e r contrac ts of ind emnity and
writing s o bli ga to ry in th e nature th e reo f, iss µed in th e co ur se o f it s bu s in ess and to bind th e Comp any th ere by, in an amount not to exceed $25,000,000.
Thi s Pow e r o f A tt orne y is granted a nd is signed and seal ed by facs imil e under and by the authori ty of th e foll o wing Reso luti o n ad o pte d by th e Board of Directors o f
PHILADE LPHI A INDEM NITY l NS URA NC E C OMPAN Y on th e 14th o f Novemb e r, 2016 .
RESOLVED:
FURTHER
RE SOLVED:
That th e Board o f Directors he re by auth ori zes the Pr es id ent or any V ic e Pres id e nt o f th e
Co mpany: (I) A ppoint Atto rn ey (s) in Fa c t and a uthori ze th e Attomey (s) in Fact to ex ecute
on behalf of th e Company bo nd s and unde 11akin gs , contrac ts of indemnity and other
writings obli gatory in th e nature th e reof and to attac h th e seal o f the C ompa ny th e re to ; and
(2 ) to remove, at an y time , an y suc h Attorn ey -in -Fact and revo ke th e a uth o rity g ive n. And ,
be it
Th a t th e signatures of s uch officers and th e se al o f th e Compan y ma y be affi xe d to a ny
such Po wer of Att o rn ey or ce rtifi c ate re latin g th ereto by fa cs imil e, a nd an y s uch P ower of
Attorn ey so ex ecut ed and ce rtifi ed by fa cs imile signatures and fac s imil e se al shall be valid
and binding upon th e Compan y in th e future with res pect to any bond or und e rt a kin g to
whi c h it is atta ched .
IN TE S TIMONY W HER EO F, PHILAD ELPHIA IN DEMN ITY INS URA NCE COMPA NY HA S CAUSE D T HI S INSTR UMEN T TO BE S IGNE D AN D IT S
CORPOR ATE S EAL TO B E A FFIXE D BY IT S AUTHORI Z ED OFFICE THI S 5TH DAY OF MA RC H, 202 1.
(Seal )
Philade lphi a Ind e mnity In s uranc e Co mpany
On thi s 5th day of March , 202 1 before me cam e the individual wh o executed the prece din g in strume nt , to me pe rso nally known , a nd be in g by me dul y sworn said that he
is th e t he re in desc rib ed and a uthori ze d offic er of th e PHIL ADELPHIA INDEMNITY INSURANCE COMPANY ; th at th e se al affi xe d to said in strume nt is th e
Corporate seal of sa id Co mpan y : th at th e sa id Co rporate Seal a nd hi s sign a ture we re dul y a ffi xed.
Oommonwtatth ol Ptnntylvanla • Notary $«al
Vaneasa M<.kentle, Notary Public
Montgomf!Y County
Myeommla&lo" expires November 3, 2024
Com.mlsslo11 n~mber 1366394
Mtml>tr, Penntytva o:AAHoctalloo of Notaries
No tary Publi c:
res iding at:
My co mmi ss ion ex pires :
Bala Cynwyd , PA
Nove mb e r 3, 2024
I, Edwa rd Sayago, Co rp o rat e Se creta ry o f PHIL A DELPHIA IN D EMN ITY INSURANCE COMPANY, do he re by certi fy th at th e for egoing reso luti o n of th e Board o f
Directo rs a nd th e Po wer o f Atto rn ey iss ued pursuant th e reto o n th e 5th day March , 202 1 a re true a nd co rrec t and a re still in full fo rc e a nd effect. I do furth e r ce rtify th at
John G lomb, who exec uted th e Power of Att o rn ey as Pres id e nt, was o n th e da te of execution o f th e a tt ac hed Power of Attorn ey th e dul y e lec ted Pres id ent o f
PHILAD ELPHI A INDEMNITY INS URANCE COMPAN Y .
In T es timony Wh e reo f I have sub sc rib ed my na me and a ffi xed th e facsi mil e sea l o f eac h C omp any thi s
DE C 2 0 2022
Edwa rd Sayago , Corp o rat e Sec retary
PHIL ADELPHIA INDEMNITY INSU RA NCE COMPA NY
254
CITY OF MOORPARK
CHRIS ENEGREN
Mayor
DR. ANTONIO CASTRO
Councilmember
RENEE DELGADO
Councilmember
DANIEL GROFF
Councilmember
TOM MEANS
Councilmember
799 Moorpark Avenue, Moorpark, California 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov
INFORMAL BID PROPOSAL
TENNIS COURT AND BASKETBALL COURT RESURFACING,
AND WINDSCREEN REPLACEMENT
The successful proposer, as Contractor, will furnish all labor and materials, appliances, tools,
equipment, facilities, transportation, storage, and services necessary to complete tennis court
and basketball court resurfacing and restriping at the following parks:
Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021
Eight (8) tennis courts
Poindexter Park, 500 Poindexter Avenue, Moorpark, CA 93021
One (1) basketball court
Campus Canyon Park, 6970 Campus Canyon Drive, Moorpark, CA 93021
One (1) basketball court
At the completion of court re-surfacing activities and once surface has thoroughly cured,
contractor shall be responsible for laying out tennis court line markings and basketball court line
markings, in accordance with the specifications in Attachment 6.
Additionally, contractor shall be responsible for laying out pickleball court line markings, in
addition to tennis court line markings, on four (4) tennis courts at Arroyo Vista Community Park,
for a total of eight (8) pickleball courts. Tennis court line markings shall be the primary court
markings. Pickleball court line markings shall not cross tennis court line markings. City shall
approve said courts prior to the start of work.
Contractor, will furnish all labor and materials, appliances, tools, equipment, facilities,
transportation, storage, and services necessary to replace the wind screen at the following
parks:
Tierra Rejada Park, 11900 Mountain Trail Street, Moorpark, CA 93021
Four (4) pickleball courts
Scope of Work
Court resurfacing, restriping and wind screen replacement shall be in accordance with the
specifications in Attachment 6.
255
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 4
Additional Considerations:
All work shall be completed by January 28, 2023.
Contractor Responsibilities:
1. 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.
2. THIS IS A PREVAILING WAGE PROJECT AND ALL BID 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.**
3. Required Licenses: Contractor must hold a valid Class A (General Engineering
Contractor), and/or Class C-12 (Earthwork and Paving), and/or C-32 (Parking and Highway
Improvement) Contractor’s license issued by the California State Contractor's License
Board at the time of Bid submission and have carried a valid Class A and/or Class C-12,
and/or C-32 license continuously for the last 5 years.
4. Contractor will be required to provide Payment and Performance bonds in the amount of
100% of the Bid price in the form incorporated herein as Attachment 4.
5. Contractor shall obtain a City Business Registration prior to commencing work.
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 minimum of 65% of material generated during the project from disposal in a landfill
(through reuse or recycling). Contractor 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 to the Contractor upon verification that the 65% diversion requirement
was met. A one-time fee for staff time associated with C&D plan processing will be charged.
Contractors have two options to meet this requirement. Contractors may use the City’s
franchised hauler (Waste Management), who can provide temporary bins and will dispose of
waste at a city authorized facility. Or Contractors may self-haul waste to a city authorized
certified C&D processing facility. Self-haul of waste must be done in proper hauling vehicles
and bins owned by Contractor and those vehicles must be driven by Contractor’s
employees. Because this is a prevailing wage project, the self-haul vehicle drivers must be
paid prevailing wage rates for driving C&D materials to the authorized facility. Contractor will
256
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 5
need to submit itemized weigh tickets from each facility documenting all C&D recycling
and disposal and indicating the weight and type of material recycled or disposed.
These weigh tickets will need to be turned in to the Solid Waste Division and verified prior to
final payment release for the job and refund of the 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. It is Contractor’s responsibility to comply with all applicable storm water and urban runoff
permits, regulations, codes or laws. Contractor shall take precautions to mitigate blowing
of dust and dirt and comply with governing regulations and Ventura County Air Pollution
Control District regulations pertaining to environmental protection.
8. Prior to commencing work Contractor shall submit a 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.
9. 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.
10. Contractor shall be responsible for the security of the site. Contractor shall be responsible
for all damages to persons or property that occur as a result of its fault or negligence in the
performance of this contract and shall be responsible for the protection of the project site
until final acceptance by the City. Contractor shall take all necessary precautions for the
safety of workers on the project and shall comply with all applicable federal, state, local and
other safety laws, standards, orders, rules, regulations, and building codes to prevent
accidents or injury to persons on, about, or adjacent to the premises where work is being
performed and to provide a safe and healthful place of employment.
11. Contractor shall verify that work areas are completely secured and properly barricaded to
ensure separation of Contractor operations from anybody other than who is authorized to
be in work area before beginning such work. Contractor shall verify that areas to remain
unaltered adjacent to areas of work are properly secured and protected. Contractor shall
provide barricades and maintenance thereof, in accordance with applicable Federal, State
and local codes and their respective requirements and shall install temporary barricades,
enclosures and protections before work is started.
12. It shall be the responsibility of the Contractor to locate all existing utilities and protect them
from damage.
257
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 6
13. 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 modified or removed. All damaged items shall be repaired
to their original condition, as acceptable to the City.
14. Contractor shall 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.
15. Contractor shall leave site and surrounding areas clean and free of any debris or other
unsuitable materials.
16. Contractor shall not award work to any unlisted subcontractor without prior written approval
of the City. The Contractor shall be fully responsible to the City for the performance of their
subcontractors, and of persons either directly or indirectly employed by them. Nothing
contained herein shall create any contractual relation between any subcontractor and the
City.
INSTRUCTIONS TO BIDDERS
Bid Submittal: Bids must be prepared on the Bid Forms provided and submitted in a sealed
envelope plainly marked on the outside “DO NOT OPEN. INFORMAL BID FOR TENNIS
COURT AND BASKETBALL COURT RESURFACING, AND WINDSCREEN
REPLACEMENT”.
Electronic submittals will not be accepted.
Bids are to be submitted to:
City of Moorpark
ATTN: Liz Smith, Purchasing Analyst
799 Moorpark Avenue, Moorpark, CA 93021
Bids are due on or before December 22, 2022, at 4:00 p.m. Bids received after the
submittal deadline will not be considered.
Inquiries / Addenda: 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 such addendum
shall be considered a part of, and incorporated in, the Informal Bid documents. Telephonic
requests will not be taken. Any interpretation or correction of the Informal Bid documents will be
made only by a written Addendum. No oral interpretation of any provision in the Informal Bid
documents shall be binding. Questions must be received in writing via e-mail only no later
258
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 7
than December 16, 2022, at 4:00 p.m. (PT). Questions received after this date will be
deemed not received. Direct all questions to Liz Smith, Purchasing Analyst at
purchasing@moorparkca.gov.
Form of Bid: 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.
Bidder’s Security: The Bid must be accompanied by certified check, cashier’s check, or
bidder’s bond, made payable to the City of Moorpark for an amount no less than ten percent
(10%) of the total Bid amount, as a guarantee that the bidder, if its Bid is accepted, will promptly
obtain the required bonds and insurance and will prepare the required submittal documents and
execute the contract. The bid bonds for those Bids that were not selected will be returned to the
bidders upon award of the contract by the City Council.
Determination of Lowest Bid: Lowest Bid will be determined by the total Bid listed on Schedule
A - Proposed Schedule of Work and Prices. 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 additive or deductive items (if any).
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.
Execution of Contract: By submitting a Bid, bidder 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 RFB. Bidders are encouraged to
review the insurance requirements with their insurance companies to ensure that all
terms can be met.
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 Bid. The bidder warrants that they possess, or have 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.
259
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 8
General Terms and Conditions:
1. This RFB does not commit the City to enter into an agreement, to pay any cost incurred in the
preparation of a submittal to this request or to procure or contract for the project.
2. At any time prior to the specified time and date set for the submission, a person/firm, or their
designated representative, may withdraw their Bid.
3. It is the bidder’s responsibility alone to ensure delivery of a Bid to the RFB administrator prior
to the submittal deadline specified in this RFB. The official time clock which will establish the
submittal deadline will be determined by the City of Moorpark. Late Bid submissions will not
be accepted or considered.
4. The issuance of this RFB and the acceptance of a Bid do not constitute an agreement by the
City that any contract will actually be entered into by the City. The City expressly reserves the
right, at the City’s sole discretion, to:
Reject any or all Bids.
Reissue an RFB.
Extend the time frame for submission of Bids by notification to all parties who have
registered an interest in this RFB with the City.
Request more information from any or all applicants.
Waive any immaterial defect or informality in any bid or in the bidding.
Decline to go forward with the RFB. The City expressly reserves the right not to
proceed to contract under this RPB.
Reject any Subcontractor or Contractor proposed by the bidder.
5. All services shall be provided in accordance with Attachment 3, Sample Agreement. The City’s
policy is that the Agreement be accepted as is. By submitting a Bid in response to this RFB,
the bidder is deemed to have provided its approval of the Agreement and assurance that it is
able to meet the requirements contained therein. Failure or refusal to execute an Agreement
or to conform to any of the stipulated requirements shall be just cause for the annulment of
the award and forfeiture of the bidders security (if any). In such event the City may award the
contract to the next lowest responsible Bidder or may reject all Bids.
6. The bidder to whom award is made will be required to provide evidence of liability insurance
liability pursuant to City requirements prior to Agreement execution (see Attachment 3 for
insurance requirements). The City will require certificates of insurance and additional insured
endorsements, as specified in Exhibit A of the Sample Agreement.
7. The bidder to whom award is made shall maintain any required professional licenses and
registrations during the life of the contract with the City.
8. The bidder to whom award is made may utilize the services of subcontractors on those parts
of the work which, under normal contracting practices, are performed by specialty
260
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 9
subcontractors. Unless a specific subcontractor is listed by the bidder, bidder is representing
to City that bidder has all appropriate licenses, certifications, and registrations to perform the
work hereunder. After submission of the Bid, the bidder shall not award work to any unlisted
subcontractor without prior written approval of the City. The bidder to whom award is made
shall be fully responsible to the City for the performance of his/her subcontractors, and of
persons either directly or indirectly employed by them. Nothing contained herein shall create
any contractual relation between any subcontractor and the City.
9. Bidders are responsible for making all necessary investigations and examination of records
related to this RFP. Failure to do so will not act to relieve any condition of a potential
Agreement or the requirements set out in this RFB. It is mutually understood and agreed that
the submission of a Bid shall be considered evidence that the bidder has made such
examinations and investigations. No request for modification of Bid shall be considered after
its submission on the grounds that the bidder was not fully informed as to any fact or condition.
10. Bidders are responsible for reviewing all portions of this RFB. Bidders are to promptly notify
the City, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other
error in the RFB. Any such notification should be directed to the City promptly after discovery,
but in no event later than the deadline for clarifications or corrections stipulated in this RFB.
Protests of the contract award must be made, no later than five (5) working days after the
aggrieved party knows or should have known of the facts giving rise to the protest.
11. The City may, from time to time, issue Addenda to the RFB. 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.
12. The City will not pre-fund any retention payments potentially arising in connection with this
Agreement, nor will the City establish or fund an escrow account to deposit remittances related
to retention payments, unless and as required by law.
13. The City’s payment terms are 30 (thirty) days from the receipt of an original invoice and City
acceptance of the quantity and quality of the services being billed. City reserves the right to
delay any post-termination payment until completion or confirmed abandonment of the
project, as may be determined in the City’s sole discretion, so as to permit a full and complete
accounting of costs.
261
Informal Bid – Tennis Court and Basketball Court Resurfacing, and Windscreen Replacement
December 7, 2022
Page 10
Attachments:
1 – Bid Forms (to be filled out and submitted with Bid)
Bid Proposal
Bidder’s Statement of Qualifications and References
Bidders Statement of Subcontractors
Non-Collusion Declaration
Compliance with Environmental, Health and Safety Standards
Agreement to Comply with California Labor Law Requirements
2 – Form of Bid Bond
3 – City Standard Agreement, Insurance Requirements and Sample Insurance Forms
4 – Form of Payment and Performance Bond
5 – City Holidays (2023)
6 – Technical Specifications, sample striping, park locations
262
263
ATTACHMENT 4
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
[Project Description]
(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 City 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 City, 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 City 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 to the
264
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.
265
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“City”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
[Project Description]
(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 City 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 City 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 City 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
266
this Bond be fully performed, then this obligation shall become null and void; 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.
267
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# ________________________________
268
ATTACHMENT 5
CITY HOLIDAYS – 2023
Monday, January 2: 2023 New Year’s Day (observed)
Monday, January 17: Martin Luther King, Jr. Day
Monday, February 20: Presidents Day
Friday, March 31: Cesar Chavez Day
Monday, May 29: Memorial Day
Monday, July 3: Independence Day (Extended)
Tuesday, July 4: Independence Day Holiday
Monday, September 4: Labor Day
Friday, November 10: Veterans Day
Thursday, November 23: Thanksgiving Day
Friday, November 24: Extended Thanksgiving Holiday
Monday, December 25: Christmas Day Holiday (observed)
Monday, January 1, 2024: New Year’s Day
269
ATTACHMENT 6
TECHNICAL SPECIFICATIONS
The following specifications are provided as minimum requirements only. The City of Moorpark
will consider any product/service that meets or exceeds the minimum requirements. Proposers
shall provide all pertinent information regarding the proposed product/service for thorough
evaluation by the City. Project shall include all labor, equipment and materials necessary to
resurface and restripe eight (8) tennis courts at Arroyo Vista Community Park, one (1) basketball
court at Poindexter Park, one (1) basketball court at Campus Canyon Park, and remove and
install new wind/privacy screen for four (4) pickleball courts at Tierra Rejada Park. Contractor
shall obtain and pay for any and all permits, fees, or licenses required to perform the work.
Basketball and tennis court surfaces, striping, and screening dimensions/measurements
including total working area(s) to be verified in the field (site visits) by contractor.
All materials, preparation, and subsequent application and construction shall be in compliance
with the specifications of the manufacturer of the particular materials used and with the
specifications of the American Sports Builders Association (ASBA). Court dimensions shall be
in compliance with the United States Tennis Association (USTA), the International Tennis
Federation (ITF), the National Collegiate Athletic Association (NCAA), the National Federation
of State High School Associations (NFHS), or California Interscholastic Federation (CIF)
standards.
Preparation of Courts
The existing nets and net posts shall be removed and the surface shall be cleaned and all loose
material removed using a “hydroblaster” or high pressure water sprayer (3,500 psi minimum).
The city of Moorpark shall provide water access to the court area.
All cracks other than hairline cracks shall be cleaned and filled with appropriate acrylic crack
filler. All expansion joints between the courts and at the net should be filled (sealed) with flexible
polyurethane sealant or equivalent.
All depressions greater than 1/16” should be leveled by filling with an appropriate acrylic based
patching mix. All patches shall be ground smooth and if necessary, covered with one or more
coats of acrylic resurfacer to obtain a uniform finish. Any spalled areas shall be broken out and
filled in the same manner.
Surfacing of courts
All material is to be new material and mixed on site. All surfacing, coatings, and striping
material(s) shall be manufactured by Deco Surfacing Systems and/or California Products
Corporation (or equal), including but not limited to:
Plexipave System
270
ATTACHMENT 6 (continued)
Plexipave Court Patch Binder
California Acrylic Resurfacer 920-29 4200
Other surfacing systems may be acceptable however must be approved by the City of
Moorpark representative, after reviewing provided documentation provided by the
contractor and manufacturer
The entire surface shall be coated with one coat of acrylic resurfacer mixed with fine sand
according to the manufacturer instructions. The filler and finish courses shall be applied by
squeegees. Mechanical spray equipment and spreaders will not be accepted.
Finish shall be minimum two coats of acrylic color mixed with white silica sand, with the inside
and apron colors to be selected by the City of Moorpark designated representative and applied
in accordance with the manufacturers’ recommendations.
Court surfacing and striping color scheme(s) to be determined by City of Moorpark
representative after project award.
Playing Lines
Tennis: Tennis court line markings shall be in accordance with the United States Tennis
Association (USTA) rules of tennis, and/or match existing markings. Lining is to be done by
hand, brush or roller in a manner to obtain clean, sharp edges. Apply white line markings in two
(2) inch wide playing lines, masked and painted with two (2) coats of approved white line paint.
Baseline width (2-4”), to be determined by City of Moorpark representative after project
award. Court color scheme: Dark blue court (US Open Blue) and dark green out of play areas.
Contractor shall provide color samples to City of Moorpark representative and shall obtain written
approval prior to installation.
Basketball: Basketball court line markings shall be in accordance with the National Collegiate
Athletic Association (NCAA), the National Federation of State High School Associations (NFHS),
the California Interscholastic Federation (CIF) rules of basketball, and/or match existing
markings. Lining is to be done by hand, brush or roller in a manner to obtain clean, sharp edges.
Apply white line markings in two (2) inch wide playing lines, masked and painted with two (2)
coats of approved line paint. Court color scheme: Dark maroon and dark green to match
existing court layout. Contractor shall provide color samples to City of Moorpark representative
and shall obtain written approval prior to installation.
Pickleball: Pickleball court line markings shall be in accordance with USA Pickleball Association
(USAPA) rules of pickleball. Lining is to be done by hand, brush or roller in a manner to obtain
clean, sharp edges. Apply markings in two (2) inch wide playing lines, masked and painted with
two (2) coats of approved line paint. Baseline width (2-4”), to be determined by City of Moorpark
representative after project award. Tennis court line markings shall be the primary court
markings. Pickleball court line markings shall not cross tennis court line markings and shall be
separated by ½”. Pickleball striping color to be determined by City of Moorpark representative
271
ATTACHMENT 6 (continued)
after project award. Contractor shall provide color samples to City of Moorpark representative
and shall obtain written approval prior to installation.
Wind Screening
All existing windscreens shall be removed and replaced with new nine (9) foot windscreens.
Wind screen shall meet or exceed the minimum specifications as follows:
Color
o Black
Open mesh polypropylene
Fill content: 100% polypropylene
4.9 ounce sq. yd. weight
Tear Strength
o Warp: 120 lbs.
o Fill: 75 lbs.
Tensile Strength
o Warp: 320 lbs.
o Fill: 170 lbs.
≥ 87% shade
Stitched and bound edge with 1 1/4" black tape and brass #1 grommets placed every foot
on all sides and in the corners
Protection
Contractor is responsible for locking/securing courts daily, before vacating the worksite. When
necessary, temporary fencing for project protection shall be at the sole cost of the contractor.
Contractor shall maintain a minimum of 72 hours curing time before opening tennis courts to
public play or foot traffic.
Clean Up
Upon completion of each workday, all tools, materials and debris should be properly stored or
disposed of and any damages or spills repaired or cleaned up. The contractor shall leave the
site clean of all trash. All dirt areas shall be left smooth and ready for any necessary reseeding.
In general, all area(s) shall be left clean and ready for uses that do not impact project.
Warranty
Contractor shall warrant all of the completed resurfacing, screening, painting, and
appurtenances to be free of significant defects in workmanship and material for a period of one
year from date of completion of the work.
272
ATTACHMENT 6 (continued)
Sample Tennis Court Striping Diagram
SINCI.ES
NOTfS;
1. Ml. DIIIEN510NS Nit 1tl TIE OUl9DE El>GE Of THE PLA'l'ING
LINES, WITH THE EXCEPIIDN OF THE CENIER LNES 'MICH
-IIE'ASURED OUT 1t1 CDIT!R.
2. TIE crNTD! SEJMCE LINE IIND CEll!lR IIMl<S SHIIU. BE 2
INCHES WIDE. OTHER LINES 9W.l. BE IIE1"tftDI 1" No!D 2"
WIDE, l!XCEl'T THE IIIISE LINES !MY l!E UP 1tl 4 INCHES
WIDE.
.. I
CEN1ER
r
78 FOOT COURT
78 FOOT TENNIS
TYPICAL STRIPING PLAN
NCMIIBER 4, 2010
273
ATTACHMENT 6 (continued)
Sample Basketball Court Striping Diagram
8' outside
IIUU!i-
274
ATTACHMENT 6 (continued)
Sample Pickleball Striping Diagram
275
ATTACHMENT 6 (continued)
Arroyo Vista Community Park Tennis Courts
276
ATTACHMENT 6 (continued)
Campus Canyon Park Basketball Court
277
ATTACHMENT 6 (continued)
Poindexter Park Basketball Court
278
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CITY OF MOO R PARK
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December 16 , 2022
ADDENDUM NO. 1
for
TENN IS COURT AND BASKETBALL COURT RESURFAC IN G ,
AND WINDS CREEN REPLACEMENT
NOTICE IS HEREBY G IV EN to a ll bidders and plan holders that the plans and specifications for
the above describ ed project are hereby amended as follows :
QU ESTIONS /CLARIFICATIONS:
Q1: Is Sport Master court material an acceptable material to furnish for this project?
https: //www. sportm aster. net/basl<etbal I/
A 1 : Alternative surfacin g systems may be acceptab le. However, it is the contractor's
responsibility to provide documentation to the city that demonstrates how sa id systems
meet or exceeds th e products specified in the RFP.
Q2: Will the bid due date be extended?
A 2 : Bids are due by December 22 , 2022, at or before 4 :00 p .m .
Q3: Do you have a plan holders list?
A3: A plan holders list is availab le at: http://www.moorparkca .gov/B id s
This addendum shall be made part of the above referenced project. Full compensation for all work
and requirements of this addendum sha ll be considered as included in the appropriate price
proposal and no additional compensation will be all owed ther ore .
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Addendum No . 1
Tennis court and basketball court resurfacing. and windscreen replacement
Page 2
···········································································································································
RECEIPT OF THIS ADDENDUM NO 1 IS HEREBY ACKNOWLEDGED.
Company Name: CC\ I I f3 r /J 1 'c.; Su f /2 e; ;..,~
A th · d R t t· f 1 ( I( ~7 1) -~ I /v-)u_' I u onze epresen a 1ve: __ \ ___ ,_v 1,~----~---n~~--------
Signature of Authorized Representative: __ -=~?'----~----+----------
PLEASE EMAIL A SIGNED COPY OF THIS RECEIPT ACKNOWLEDGEMENT TO LIZ
SMITH AT PURCHASING@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL.
280