HomeMy WebLinkAboutAGENDA REPORT 2023 1004 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 4, 2023
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO. 2023-
4211. (ROLL CALL VOTE: 4-0,
COUNCILMEMBER GROFF ABSENT)
BY A. Hurtado.
H. Consider Award of Agreement to Oilfield Electric Company for Moorpark Station
Sculpture Lighting; and Consider Resolution Amending the Budget for Fiscal Year
2023/24 Appropriating $68,000 from the Art In Public Places Fund (2007). Staff
Recommendation: 1) Award contract to Oilfield Electric Company for $61,753.00,
plus a contingency of $6,175.00, for a total contract amount of $67,928.00 and
authorize execution of the Agreement by the City Manager, subject to final
language approval by the City Manager; and 2) Adopt Resolution No. 2023-4211
amending the Fiscal Year 2023/24 budget to fund the Moorpark Station Sculpture
Lighting project. (Staff: Chris Ball, Senior Management Analyst) (ROLL CALL
VOTE REQUIRED)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Chris Ball, Senior Management Analyst
DATE: 10/04/2023 Regular Meeting
SUBJECT: Consider Award of Agreement to Oilfield Electric Company for
Moorpark Station Sculpture Lighting; and Consider Resolution
Amending the Budget for Fiscal Year 2023/24 Appropriating $68,000
from the Art In Public Places Fund (2007)
SUMMARY
The City Council is being asked to approve a contract with Oilfield Electric Company for
the Moorpark Station Sculpture Lighting project in the amount of $67,928, as well as a
resolution allocating the necessary funding for the project from the Art In Public Places
Fund (2007).
BACKGROUND
On June 1, 2022, the City Council approved the artwork and contract for a public art
installation at the Moorpark Train Station north parking lot, located at 300 East High
Street. The project is funded through the City’s Art In Public Paces (AIPP) program which
requires certain residential, commercial, and industrial development projects to either
install public artwork or pay an in-lieu fee. In-lieu fees are collected and maintained in
Fund 2007 for use exclusively for the AIPP program.
The artwork, titled “Moorpark Orchard”, consists of eight unique steel ‘tree’ sculptures.
The design of each tree incorporates industrial elements related to the site’s heritage
such as train wheels, tracks, and tools, as well as fruit common to Moorpark’s farms such
as apricots, oranges, and other produce. Other historically significant imagery like the
egg and the apricot blossom are also incorporated into individual trees. Each sculpture
stands approximately ten feet tall, with the steel treated to evoke a weathered, industrial
feel. Elements of each tree are painted to enhance the installation. The sculptures will
be located along both sides of the central walkway that connects High Street to the train
station and oriented to face in a north-south direction to maximize visibility from the train
station and High Street. In this way, the art installation will not only add cultural interest
to the downtown area, but also serve as a welcoming gateway when approached from
either High Street or the train station. The artwork site plan and sculpture designs are
Item: 10.H.
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illustrated in Attachment 1.
The artwork is currently under fabrication at the artist’s studio in Berkeley, California, with
installation anticipated this Fall. Additional information about the Moorpark Orchard AIPP
project is available on the City website at www.moorparkca.gov/moorparkorchard.
DISCUSSION
Nighttime illumination of the sculptures was not considered in the design of the Moorpark
Station artwork and the existing overhead area lighting in the parking lot is not adequate
to light the sculptures. As a result, the visibility of the sculptures will be limited in the
evening and nighttime hours, reducing their impact as a gateway to the City for arriving
commuters. This will be especially notable between November and February with the
end of Daylight Savings Time when sunset occurs as early as 4:45 p.m.
To design a lighting plan for the Moorpark Station artwork, staff enlisted the lighting
designer for the recent Moorpark Station parking lot improvement project. The resulting
design calls for each sculpture to be lit by two individual in-ground lighting fixtures, one
located on each side (north and south) of the sculpture. Thus, a total of sixteen lighting
fixtures are required to properly illuminate the artwork. The specified fixture is an in-
grade, weather-sealed, 22-watt LED unit (Kim Lighting model LTV82) with remote focus
and dimming capability for ease of adjustment and long-term durability. The unit provides
narrow beam distribution to focus light on the sculpture without spillover to adjacent areas
or neighboring property. The fixture operates cool to the touch and offers an operating
life of over 100,000+ hours and a five-year manufacturer warranty. In addition to installing
the light fixtures, the project will require a limited amount of hardscape removal and
replacement across the south end of the pedestrian walkway in order to extend existing
electrical conduit to all of the sculpture locations.
Staff released an informal bid for the Moorpark Station Sculpture Lighting project on
July 26, 2023. Interested contractors were given an opportunity to inspect the project site
on August 10, 2023. Two bids were received before the submittal deadline on August 25,
2023. The bid results were as follows:
Oilfield Electric Company $61,753.00
Caltec Electric, Inc. $68,695.00
The bids were evaluated on completeness and cost. The low bidder is Oilfield Electric
Company, with a bid price of $61,753.00. Staff determined that Oilfield Electric
possesses the necessary qualifications and experience to perform the work. Staff is
requesting a ten percent (10%) contingency in the amount of $6,175.00 for this project to
cover unforeseen expenses.
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ENVIRONMENTAL DETERMINATION
The Community Development Director has evaluated the Moorpark Station Sculpture
Lighting project for compliance with CEQA and determined that the proposed action is
categorically exempt from environmental review in accordance with Section 15301,
Class 1 (existing facilities) and Section 15311, Class 11 (accessory structures). The
proposed project involves placement of a minor structural accessory at an existing public
parking lot with no proposed expansion of existing use.
FISCAL IMPACT
Funding in the amount of $104,300.00 from Fund 2007 is included in the Fiscal Year (FY)
2023/24 budget for completion of the “Moorpark Orchard” artwork installation at the
Moorpark Train Station. This funding did not anticipate the cost of the proposed sculpture
lighting. The total cost of the contract with Oilfield Electric for sculpture lighting is
$67,928.00, which includes a contingency amount of $6,175.00. Funding for this work
was not included in the adopted FY 2023/24 budget, therefore staff is requesting a budget
amendment allocating $68,000.00 from the Art in Public Place Fund (Fund 2007) for the
lighting project. With approval of this allocation, the estimated fund balance in Fund 2007
on June 30, 2024 will be approximately $5.1 million.
The estimated ongoing electricity cost for the sculpture lighting is approximately $13.00
per month ($155.00 per year). Adequate funding is allocated in the FY 2023/24 budget
to cover electricity.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Award contract to Oilfield Electric Company for $61,753.00, plus a contingency of
$6,175.00, for a total contract amount of $67,928.00 and authorize execution of
the Agreement by the City Manager, subject to final language approval by the City
Manager; and
2. Adopt Resolution No. 2023-________ amending the Fiscal Year 2023/24 budget
to fund the Moorpark Station Sculpture Lighting project.
Attachment 1: Moorpark Station Artwork Site Plan and Design
Attachment 2: Agreement with Oilfield Electric Company
Attachment 3: Draft Resolution No. 2023-____
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ATTACHMENT 1 (CONTINUED)
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
OILFIELD ELECTRIC COMPANY FOR
MOORPARK STATION SCULPTURE LIGHTING
THIS AGREEMENT, is made and effective as of __________________________,
between the City of Moorpark, a municipal corporation (“City”) and Oilfield Electric
Company, a corporation (“Contractor”). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for services related to the procurement and
installation of lighting nodes for sculptures located at the Moorpark train station north
parking lot; 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 August 22, 2023,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in Exhibit D and in conformance with Exhibit C, unless this Agreement
is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a contractual
capacity to provide services related to procurement and installation of lighting nodes for
sculptures located at the Moorpark train station north parking lot, as set forth in Exhibit C:
Contractor’s Proposal, and Exhibit D: Contract Documents and Specifications. In the
event there is a conflict between the provisions of Exhibit C, Exhibit D, and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit D. Contractor
shall complete the tasks according to the schedule of performance, which is also set forth
in Exhibit D.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or contract value of
sixty-one thousand seven hundred fifty-three dollars ($61,753), plus a contingency
amount of six thousand one hundred seventy-five dollars ($6,175), for a total contract
value of sixty-seven thousand nine hundred twenty-eight dollars ($67,928), without a
ATTACHMENT 2
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written amendment to the agreement executed by both parties. Payment by City to
Contractor shall be in accordance with the provisions of this Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Contractor
agrees to comply with and be bound by all the terms, rules and regulations described in
(a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code, including without limitation Labor Code Section 1771 and (b) the rules and
regulations established by the DIR implementing such statutes, as though set forth in full
herein, including any applicable amendments made thereto during the term of this
Agreement. For every subcontractor who will perform work on this project, Contractor
shall be responsible for subcontractor’s compliance with (a) and (b), and Contractor shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Daniel Adams, 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 sixty-one thousand seven
hundred fifty-three dollars ($61,753), plus a contingency amount of six thousand one
hundred seventy-five dollars ($6,175), for a total contract value of sixty-seven thousand
nine hundred twenty-eight dollars ($67,928) 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) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City, at
the Contractor’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
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 rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Contractor by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is entitled
to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any
monies to the Contractor under this Agreement for the purpose of resolving such claims;
provided, however, City may release such funds if the Contractor provides City with
reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
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 or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Alan D Fletcher, President
Oilfield Electric Company
1801 N. Ventura Ave.
Ventura, CA 93001
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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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 hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such 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 OILFIELD ELECTRIC COMPANY
By:_______________________________ By:_______________________________
Troy Brown, City Manager Alan D Fletcher, President
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 minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Contractor or Contractor’s employees will use personal autos in any
way on this project, Contractor shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review.
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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
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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.
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15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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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.
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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.
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(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.
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(D) Unless otherwise agreed to by the public entity and the contractor in writing, the
mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program, if mediation
under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time
periods described in this subdivision or to otherwise meet the time requirements of this
section shall result in the claim being deemed rejected in its entirety. A claim that is
denied by reason of the public entity’s failure to have responded to a claim, or its failure
to otherwise meet the time requirements of this section, shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the
claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at
7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim
against a public entity because privity of contract does not exist, the contractor may
present to the public entity a claim on behalf of a subcontractor or lower tier
subcontractor. A subcontractor may request in writing, either on their own behalf or on
behalf of a lower tier subcontractor, that the contractor present a claim for work which
was performed by the subcontractor or by a lower tier subcontractor on behalf of the
subcontractor. The subcontractor requesting that the claim be presented to the public
entity shall furnish reasonable documentation to support the claim. Within 45 days of
receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original
contractor did not present the claim, provide the subcontractor with a statement of the
reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or
specifications for any public works project that may give rise to a claim under this
section.
(f) A waiver of the rights granted by this section is void and contrary to public policy,
provided, however, that (1) upon receipt of a claim, the parties may mutually agree to
waive, in writing, mediation and proceed directly to the commencement of a civil action
or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable
change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or
grants available through a competitive application process, for the failure of an awardee
to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes
or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020.
Repealed as of January 1, 2027, by its own provisions.)
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CITY OF MOORPARK
CHRIS R. ENEGREN
Mayor
RENEE DELGADO
Councilmember
DANIEL GROFF
Councilmember
TOM MEANS
Councilmember
DR. ANTONIO CASTRO
Councilmember
799 Moorpark Avenue, Moorpark, California 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov
| Fax (805) 532-2205
INFORMAL BID PROPOSAL
Moorpark Station Sculpture Lighting
The successful proposer, as Contractor, will furnish all labor and materials, equipment, tools,
transportation, storage, and services necessary for the complete and finished installation of
lighting nodes to illuminate eight sculptures at the Moorpark train station north parki ng lot,
located at 300 E High Street in Moorpark, CA. The sculptures are approximately 10 feet tall and
will be located along a central walkway crossing the parking lot. Installation of the sculptures is
anticipated to occur in October of 2023.
SCOPE OF WORK:
1.Contractor to furnish all labor and materials, equipment, tools, transportation, storage,
and services necessary for procurement and installation of sixteen (16) lighting nodes to
illuminate eight (8) sculptures that are scheduled to be installed at the Moorpark train
station north parking lot, located at 300 E High Street in Moorpark, CA, as specifically
detailed in Attachment 5: Construction Documents, Exhibit A: Metrolink Art Nodes.
2.Contractor shall be responsible for all necessary paving/hardscape removal prior to
lighting node installation. Contractor shall be responsible for repair of paving/hardscape
following installation to match existing conditions, as detailed in Attachment 5:
Construction Documents, Exhibit B: Paving/Hardscape Repair.
Additional Considerations:
1.Contractor shall complete installation of the lighting nodes no later than seven (7) working
days after the installation of the sculptures at the site. Installation is anticipated to occur
in October of 2023. The Contractor shall not be allowed to begin any construction activity
at the site before the issuance of a Notice to Proceed.
2.Contractor shall protect and preserve existing irrigation. Any required modifications to
irrigation systems shall be brough to the attention of the City representati ve and
addressed by City landscape contractors. Any damage to existing irrigation by Contractor
shall be repaired by City landscape contractor and associated costs charged to
Contractor.
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3.Contractor shall perform nighttime fixture adjustment to maximize illumination of the
sculptures.
4.Contractor shall do all work between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Friday (except nighttime fixture adjustment). Nighttime fixture adjustment shall
be scheduled in advance with the City representative. No work will be allowed on
Saturday, Sunday or City holidays.
5.Contractor shall be responsible for protecting the site during construction including, but
not limited to, restricting access to public walkway with barricades at the north and south
ends of the walkway.
Contractor Responsibilities:
1.CONTRACTOR AND ALL SUBCONTRACTORS MUST BE REGISTERED WITH THE
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) PURSUANT TO SB
854.
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 C-10 Contractor’s license issued
by the California State Contractor's License Board at the time of Bid submission and have
carried a valid Class C-10 license continuously for the last 5 years.
4.Contractor will be required to provide Payment and Performance bond s in the amount of
100% of the Bid price in the form incorporated herein as Attachment 3.
5.Contractor shall be responsible for coordinating all required inspections and sign -offs with
City building officials.
6.Contractor shall obtain a City Business Registration prior to commencing work.
7.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.
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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
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.
8. 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 Ai r Pollution
Control District regulations pertaining to environmental protection.
9. 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 (if applicable).
10. 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.
11. 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.
12. 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
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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. Any open excavations shall be securely
covered with plywood or other appropriate material when unattended and after work hours.
13. It shall be the responsibility of the Contractor to locate all existing utilities and protect them
from damage.
14. 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.
15. 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.
16. At the end of each day and at the conclusion of work, the Contractor shall promptly remove
any equipment or materials, clean up all rubbish and debris, and leave the site of work in a
clean and tidy condition.
17. 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
Informal Bid Submittal: Bids must be prepared on the forms provided (Attachment 1) and
submitted in a sealed envelope plainly marked on the outside:
“DO NOT OPEN. INFORMAL BID FOR MOORPARK STATION SCULPTURE LIGHTING”
Electronic submittals will not be accepted.
Bids are to be submitted to:
City of Moorpark
ATTN: Chris Ball, Senior Management Analyst
799 Moorpark Avenue
Moorpark, CA 93021
Bids are due on or before Friday, August 25, 2023 at 1:00 p.m. (PT). Bids received after
the submittal deadline will not be considered.
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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 interpretatio n 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
than Thursday, August 17, 2023 at 1:00 p.m. (PT). Questions received after this date will
be deemed not received. Direct all questions to Chris Ball, Senior Management Analyst at
cball@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.
Determination of Lowest Bid: Lowest Bid will be determined by the total Bid listed on Schedule
A - Proposed Schedule of Work and Prices. 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 Dis trict laws,
ordinances, and regulations.
159
Informal Bid – Moorpark Station Sculpture Lighting
July 26, 2023
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 2, 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
pursuant to City requirements prior to Agreement execution (see Attachment 2 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
subcontractors. Unless a specific subcontractor is listed by the bidder, bidder is representing
160
Informal Bid – Moorpark Station Sculpture Lighting
July 26, 2023
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. Five percent (5%) of any
progress payment will be withheld as retention. 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.
161
Informal Bid – Moorpark Station Sculpture Lighting
July 26, 2023
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 – City Standard Agreement, Insurance Requirements and Sample Insurance Forms
3 – Form of Payment and Performance Bond
4 – City Holidays (2023)
5 – Construction Documents
• Exhibit A: Metrolink Art Nodes
• Exhibit B: Paving/Hardscape Repair
162
163
ATTACHMENT 3
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: Moorpark Station Sculpture Lighting
(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
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.
164
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.
165
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: Moorpark Station Sculpture Lighting
(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
this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect.
166
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.
167
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# ________________________________
168
ATTACHMENT 4
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
169
ATTACHMENT 5
Moorpark Station Sculpture Lighting:
Construction Documents
• Exhibit A: Metrolink Art Nodes
• Exhibit B: Paving/Hardscape Repair Detail
170
DESCRIPTIONDRAWING #
EL1
LIGHTING PLAN, DETAILS
SHEET INDEX
EL2
MOORPARK, CA
NOTES, SPECIFICATIONS, SCHEDULE
METROLINK ART NODES
MOORPARK, CA
VICINITY MAP N.T.S.
NORTH
PROJECT SITE
EVERETT ST
MO
O
R
P
A
R
K
A
V
E
CHARLES ST
WA
L
N
U
T
S
T
MA
G
N
O
L
I
A
AV
E
MA
G
N
O
L
I
A
AV
E
E HIGH ST
S
P
R
I
N
G
R
D
MOORPARK STATION
EXISTING BELOW GRADE PULLBOX.
BELOW GRADE ELECTRICAL CONDUIT AND WIRE RUN. SEE PLANS FOR TYPE AND # OF WIRES.
LEGEND
CIRCUIT DESIGNATION. 1ST # INDICATES PANEL. REMAINING #'S INDICATE CIRCUIT POSITIONS.
EXISTING BELOW GRADE LOW VOLTAGE CONDUIT AND WIRE RUN. SEE PLANS FOR TYPE AND # OF WIRES.
EXISTING 200A, 1Ø, 3W, 120/240V METER PEDESTAL 'A'. SEE PLAN FOR METER PEDESTAL
LOCATION AND SCHEDULES/DETAILS C/EL3.
NOTE TO CONTRACTOR
CONTRACTOR SHALL PROVIDE AS-BUILT DRAWINGS. UPON COMPLETION OF WORK AS PER CITY
REQUIREMENTS. SEE ELECTRICAL NOTE 12 THIS SHEET
NOTES, SPECIFICATIONS, SCHEDULE
A 16
18
0
9
23
6
3
4
MULTI-LED 22
KIM LIGHTING:
UCM2-VSL-STR-36L-420-4K7-4W-DBS-SLA20-
LTV82-FF-SP-18L-3K-UV-SR-RCA82
POLE: PR4-4R20-266-BC8-DBS-PTA
ART UP-LIGHT
SEE DETAIL A/EL-31
30
0
0
MFR & CATALOG NO.
LUMENAIRE SCHEDULE -
SYMBOL FIXTURE VOLTS
TYPE
MOUNTING
QT
Y
LAMPS
12
0
LE
D
LP
S
IN
D
U
C
HP
S
MH
27
7
20
8
24
0
NO
.
WA
L
L
WA
T
T
S
SP
E
C
I
A
L
WE
L
L
SU
R
F
DESCRIPTION
PO
L
E
FL
O
U
R
TYPE
KE
L
V
I
N
LU
M
E
N
S
12QT
Y
CB
C
P
48
0
SPECIFIED BY: VISUAL CONCEPTS LIGHTING INC. PH: 858-278-4503METROLINK
ANY CHANGE OR DEVIATION FROM THE LIGHTING SPECIFICATIONS ON PLAN SHALL NEED TO BE APPROVED BY THE ENGINEER OF RECORD. ALL ASSOCIATED COSTS INCURRED FOR
HAVING TO RE-RUN PHOTOMETRIC LIGHTING STUDIES, REVISE ELECTRICAL PLANS AND CIRCUITRY, REVISE ELECTRICAL PANEL SCHEDULES, REVISE LUMINAIRE SCHEDULES,
RE-CALCULATE TITLE-24 MANDATORY MEASURES, AND RESUBMIT TO THE BUILDING PLAN CHECK DEPARTMENT SHALL BE PAID BACK TO THE ENGINEER OF RECORD BY THE
CONTRACTOR AND ELECTRICAL DISTRIBUTOR. NO REQUEST FOR SUBSTITUTIONS SHALL BE SUBMITTED WITHOUT FIRST HAVING BEEN REQUESTED BY THE PROJECT DEVELOPER.
CONTRACTOR SHALL PROVIDE ENGINEER OF RECORD SUBMITTALS FOR APPROVAL FOR ALL LIGHTING PRODUCT SHOWN IN SCHEDULE BELOW PRIOR TO PROCUREMENT.
NOTE TO CONTRACTOR
SPECIFICATIONS
ALL SPLICES BELOW GRADE SHALL BE MADE IN APPROVED PULL BOXES AND SHALL BE WATERTIGHT. USE ONLY EPOXY ENCAPSULATED TYPE 3M BAGS OR EQUAL.
BELOW GRADE CONCRETE PULL BOXES TO BE "OLDCASTLE" MODEL FL12T (OR EQUAL) WITH BOLT DOWN COVER MARKED "ELECTRICAL". LEAVE 2' SLACK OF CONDUCTORS IN PULLBOX.
SIZE PER SECTION 370-28, CEC. SEE DETAIL B/EL4.
ALL CONDUIT BELOW GRADE TO BE MINIMUM 3/4" SCHEDULE 40 PVC, UNLESS OTHERWISE NOTED.
ALL CONDUIT EXPOSED ABOVE GRADE TO BE MINIMUM 1/2" EMT.
ALL BELOW GRADE CONDUIT SHALL BE SEALED UPON COMPLETION OF INSTALLATION.
ALL ELECTRICIANS TO HAVE PROOF OF CALIFORNIA ELECTRICIANS CERTIFICATE/CREDENTIALS.
ALL ABOVE GRADE JUNCTION BOXES TO BE WEATHER-PROOF. SIZE PER SECTION 370-28, CEC.
ELECTRICAL CONSTRUCTION NOTES
ALL MATERIALS AND EQUIPMENT SHALL BE COMMERCIAL AND SHALL CARRY A U.L. LABEL.
14.
15.
4.
A.
B.
FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND TOOLS TO PERFORM ELECTRICAL WORK SHOWN, NOTED OR SCHEDULED FOR A COMPLETE AND FINISHED INSTALLATION.2.
1.THE GENERAL CONDITIONS AND SUPPLEMENTARY GENERAL CONDITIONS SHALL BE CONSIDERED AS PART OF THE SPECIFICATION.
3.
SECURE AND PAY FOR ALL REQUIRED PERMITS AND INSPECTION CERTIFICATES.5.
6.
WIRE SHALL BE SINGLE CONDUCTOR COPPER WITH 600 VOLT INSULATION. ALUMINUM CONDUCTORS ARE NOT PERMITTED. #12 AND SMALLER SHALL BE SOLID. #10 AND LARGER SHALL
BE STRANDED. MINIMUM WIRE SIZE SHALL BE #12. ALL WIRE AND CABLE SHALL BE NEW AND SHALL BE BROUGHT TO THE SITE IN UNBROKEN PACKAGES. ALL WIRING OF ANY TYPE SHALL
BE IN CONDUIT.
7.
GENERAL WIRING SHALL BE THWN OR THHN.A.
ABOVE GRADE WIRE CONNECTORS SHALL BE BY "SCOTCHLOCK" OR EQUAL FOR #8 OR SMALLER AND T&B "LOCK-TITE" FOR #6 AND LARGER.8.THIS CONTRACTOR SHALL DO ALL CUTTING, CHASING OR CHANNELING AND PATCHING REQUIRED FOR ANY WORK UNDER THIS DIVISION. ANY CUTTING SHALL HAVE PRIOR APPROVAL OF
THE OWNER.9.
PROVIDE SAFETY AND DISCONNECT SWITCHES, SHALL BE FUSED OR NON-FUSED AS CALLED FOR ON DRAWINGS AND AS REQUIRED BY CODE. SWITCHES SHALL BE HEAVY DUTY, LOAD
AND HORSEPOWER RATED AS MANUFACTURED BY SQUARE D, GENERAL ELECTRIC OR EQUAL.
10.
JUNCTION, PULL BOXES AND COVERS WITHIN BUILDING SHALL BE GALVANIZED STEEL, CODE GAUGE SIZE AND ACCESSIBLE.11.
ELECTRICAL CONTRACTOR SHALL RECORD ALL FIELD CHANGES IN HIS WORK AS THE JOB PROGRESSES, AND UPON COMPLETION SHALL TURN OVER TO THE OWNER A "RECORD" SET OF
PRINTS SHOWING THE CHANGES.
12.
ALL ELECTRIC WORK SHALL BE INSTALLED SO AS TO BE READILY ACCESSIBLE FOR OPERATING, SERVICING MAINTAINING AND REPAIRING. HANGERS SHALL INCLUDE ALL MISCELLANEOUS
STEEL, SUCH AS CHANNELS, RODS, ETC., NECESSARY FOR THE INSTALLATION OF WORK AND SHALL BE FASTENED TO STEEL, CONCRETE OR MASONRY, BUT NOT TO PIPING. ALL
CONDUIT SHALL BE CONCEALED WHERE POSSIBLE. EXPOSED CONDUITS SHALL BE IN STRAIGHT LINES PARALLEL WITH OR AT RIGHT ANGLES TO COLUMN LINES OR BEAMS AND
SEPARATED AT LEASED 3" FROM WATER LINES WHEREVER THEY RUN ALONGSIDE OR ACROSS SUCH LINES. CONDUCTORS SHALL BE ON CONDUIT, DUCTS, OR APPROVED RACEWAYS.
13.
16.
17.
18.ALL GROUND CONDUCTORS SHALL BE SPLICED TOGETHER WITH APPROVED CONNECTOR AT PULL BOXES AND CONNECTED TO GROUND LUG INSIDE POLE.
19.SEE IMPROVEMENT PLANS FOR SITE, SEWER AND WATER (ETC.) IMPROVEMENTS PRIOR TO START OF CONSTRUCTION.
20.CONTRACTOR SHALL CONTACT "DIG ALERT" FOR MARK-OUT PRIOR TO TRENCHING AS REQUIRED.
21.THESE PLANS ARE SCHEMATIC AND ARE FOR THE PURPOSE OF SHOWING HOW TO CONNECT THE ELECTRICAL SYSTEM. WHILE THE DRAWING IS AT ACTUAL SCALE, THE SYMBOLS
REFERENCED ARE NOT, AND MAY APPEAR TO SHOW THE EQUIPMENT IN PLACES NOT INTENDED. THE CONTRACTOR IS TO FIELD VERIFY ALL UTILITY COMPANY SERVICE POINTS/METER
LOCATIONS, POLES, PULL BOXES BUILDING LIGHT LOCATIONS, SERVICE EQUIPMENT LOCATIONS AND OTHER ELECTRICAL APPURTENANCES PRIOR TO START OF CONSTRUCTION. ANY
DISCREPANCIES ARE TO BE ADDRESSED TO THE CLIENT BY MEANS OF A "REQUEST FOR INFORMATION" (RFI). CONTRACTOR IS TO VERIFY ALL LIGHT LOCATIONS WITH THE CITY PRIOR TO
START OF CONSTRUCTION AND DURING STAKING. REFER TO LIGHT STANDARD DETAIL FOR STANDARDS.
CONTRACTOR SHALL CONTACT "DIG ALERT" FOR MARK-OUT PRIOR TO TRENCHING AS REQUIRED.
22.PANEL CIRCUIT DIRECTORY TO COMPLY WITH SECTION 408.4, CEC.
23.NATIVE SOIL SHALL BE ACCEPTABLE FOR TRENCH BACK FILL PROVIDED THAT THE FILL MATERIAL USED SHALL PASS THROUGH A 1" SIEVE (CITY STANDARDS). SEE DETAIL C/EL4.
24.CONTRACTOR SHALL LABEL EACH CIRCUIT WITH PHENOLIC PLASTIC LABEL TAGS IN ANY DEVICE THAT HAS ACCESS. THIS SHALL INCLUDE LIGHT POLES, PULL BOXES, PANELS, AND
ETCETERA. PANEL, CIRCUIT NUMBER AND VOLTAGE SHALL BE IDENTIFIED. TAGS SHALL BE AFFIXED WITH NYLON ZIP-TIES.
ABOVE GRADE CONDUIT SHALL BE STANDARD RIGID STEEL ACCORDING TO CODE REQUIREMENTS. CONDUIT SHALL BE CONCEALED IN FINISHED AREAS, EXCEPT AS OTHERWISE
APPROVED BY ARCHITECT. RIGID CONNECTIONS SHALL BE COMPRESSION TYPE. UNDERGROUND CONDUIT SHALL BE SCHEDULE 40 OR 80 PVC BURIED A MINIMUM OF 24".
ALL 90 DEGREE ELBOWS TO BE FACTORY MADE BENDS.
PRIVATE LIGHTING SYSTEM SHALL NOT BE JOINT TRENCH WITH PUBLIC UTILITY SYSTEM.
CONTRACTOR TO MAINTAIN PROPER SEPARATION AS REQUIRED BY THE UTILITY COMPANIES.
CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR ANY AND ALL UTILITY AND CITY INSPECTIONS.
1.
2.
3.
4.
5.
6.
7.
THIS PROJECT SHALL COMPLY WITH THE 2022 CALIFORNIA ENERGY/BUILDING CODE WHICH INCLUDES THE 2022 IBC, AND THE
2022 NEC AND TITLE 24 ENERGY AND DISABLED ACCESS REGULATIONS.
MATERIALS, PRODUCTS AND EQUIPMENT, INCLUDING ALL COMPONENTS THEREOF, SHALL BE NEW AND SUCH AS APPEAR ON THE UNDERWRITER'S LABORATORIES LIST OF
APPROVED ITEMS AND SHALL MEET REQUIREMENTS OF ASTM, IEEE, 2017 NEC, NEMA, AND OTHER RECOGNIZED STANDARDS AND SHALL BE SIZED IN CONFORMITY WITH
REQUIREMENTS OF THE NATIONAL ELECTRIC CODE AND OTHER APPLICABLE CODES, WHICHEVER ARE MORE STRINGENT.
THE WORD "PROVIDE" AS USED HEREIN MEANS TO FURNISH AND INSTALL COMPLETE.
SHEET #
1
2
TYPE 'A' ART NODE UP-LIGHT LIGHT. SEE LUMENAIRE SCHEDULE AND DETAIL A/EL-3
PUBLIC WORKS DEPARTMENT
CITY OF MOORPARK
ENGINEERING DIVISION
MO O RP A R K CALIF
O
R
N
I
A
I
N
C
O
R
P
O
RATED J U L Y 1
1983
3
METROLINK STATION NORTH
PARKING LOT ART NODES
VERIFY SCALES
20-ML-11089
1
EL-1
FOR QUOTES ON ABOVE SPECIFIED PRODUCT, CONTACT ANNIE MITCHELL WITH OCS LIGHTING AND CONTROLS. (858) 514-4000
DETAILSEL33
EXHIBIT A
171
PLAN NOTES
EX. 200A, 120/240V, 3W, 1Ø METER PEDESTAL 'A'. SEE DETAIL C/EL-3 FOR PANEL
SCHEDULE.
20'10'0' 5'
SCALE: 1"=10'-0"NORTH
1
2
3
EX. BELOW GRADE PULLBOX.
4 EX. 3/4" CONDUIT ONLY. INSTALL 2#10, 1#10 GND.
EX. 2" CONDUIT ONLY. INSTALL 2#10, 1#10 GND;
CONTRACTOR NOTES
ALL EXISTING ELECTRICAL EQUIPMENT IN THIS EXISTING PARKING FIELD, FED
FROM HIGH STREET METER PEDESTAL, TO BE REMAIN IN SERVICE.
CONTRACTOR TO VERIFY ALL EQUIPMENT ON THIS SITE POWER FEED.
CONTRACTOR SHALL RESEARCH ALL ELECTRICAL EQUIPMENT TO DETERMINE IF
ANY EQUIPMENT IN DIFFERENT AREAS THAT NEEDS TO REMAIN DOES NOT HAVE
POWER INTERRUPTED.
1
PUBLIC WORKS DEPARTMENT
CITY OF MOORPARK
ENGINEERING DIVISION
MO O RP A R K CALIF
OR
N
I
A
I
N
C
O
R
P
O
RATED J U L Y 1
1983
3
METROLINK STATION NORTH
PARKING LOT ART NODES
VERIFY SCALES
20-ML-11089LIGHTING PLAN
2
EL-2
1
3
2
(TYP. ALL)
4
4
4
4
4
4
5 5
5
5
5
55
5
(TYP. CIR.)(TYP. CIR.)
(TYP. CIR.)
(TYP. CIR.)
(TYP. CIR.)
(TYP. CIR.)
(TYP. CIR.)(TYP. CIR.)
5 PROVIDE 3/4" CONDUIT ONLY. INSTALL 2#10, 1#10 GND. BURY 24" BELOW GRADE.
6
6 CONTRACTOR SHALL REPAIR PAVING/HARDSCAPE PER SUPPLEMENTAL DIRECTIONS IN RFP.(CIR. A-7)
172
ELECTRICAL
CONDUIT
FINISH GRADE
TRENCH WIDTH
AS REQUIRED
FOR
CONDUITS.
BACKFILL MATERIAL:
THE MATERIAL USED FOR
BACKFILLING THE TRENCH ABOVE
THE SHADING MATERIAL AND
EXTENDING UPWARD TO THE
SUBGRADE SHALL BE FREE OF
ROCKS OR CLODS LARGER THAT 6"
IN ANY DIMENSION. THE COARSE
MATERIAL SHALL BE WELL
DISTRIBUTED THROUGHOUT THE
FINER MATERIAL. THE AMOUNT OF
ROCKS OR CLODS SHALL BE
LIMITED, IN THE OPINION OF THE
INSPECTOR. THE BACKFILL MATERIAL
SHALL MEET THE REQUIREMENTS OF
ALL APPLICABLE CODES,
ORDINANCES AND CITY STANDARDS
AND BE FREE OF DEBRIS AND
ORGANIC MATTER.
SHADING MATERIAL AND
INSTALLATION:
NATURAL SAND, MANUFACTURED
SAND, DECOMPOSED GRANITE,
ROCK FREE SANDY LOAM, EXISTING
NATIVE MATERIAL OR COMBINATION
THEREOF. AGGREGATE MATERIAL
SHALL BE CAPABLE OF PASSING
THROUGH A 12" SIEVE. GRAVELSHALL NOT AMOUNT TO MORE THAN
50% OF MIXTURE. SCREENING OR
OTHER SUITABLE MEANS MAY BE
REQUIRED AT THE INSPECTORS
DISCRETION.
THE EARTH TRENCH BOTTOM SHALL
BE STABLE WITH A UNIFORM GRADE
CONTAINING NO HARD CLODS,
ROCKS, AND ETCETERA. THAT MAY
DAMAGE THE CONDUIT. IF IN THE
OPINION OF THE INSPECTOR, THE
CONDUIT MAY BE DAMAGED DURING
COMPACTION, A 3" SHADE OF
MATERIAL ABOVE AND BELOW THE
CONDUIT MAY BE REQUIRED.
COMPACTION:
SHADING AND BACKFILL SHOULD BE
COMPACTED IN ACCORDANCE WITH
GOVERNMENTAL AGENCIES AND
SHALL HAVE A MINIMUM OF 90%
RELATIVE COMPACTION. VERIFY
REQUIREMENTS WITH INSPECTOR.
NOTE TO CONTRACTOR:
MAINTAIN PROPER SEPARATION
FROM ALL WET AND DRY UTILITIES
PER THE CITY OF MOORPARK AND
SCE.
24
"
M
I
N
.
NO SCALE
A TYPE 'A' ART NODE LIGHTS
INSTALLATION DETAIL
NO SCALE
B TRENCH AND CONDUIT
INSTALLATION DETAIL
NO SCALE
C METER PEDESTAL A AND PANEL SCHEDULE
INSTALLATION DETAIL
G
T
L
LOCATION
MOUNTING: PEDESTAL
1
WATTAGE
PANEL A
WATTAGE LOCATIONØA ØB
BUS: 200APHASE: 1VOLTAGE: 120/240 AIC SYM: 42,000 MAIN: 200A/2P
LOCATION: HIDE STREET
S
I
M
L
O
P
R
K
B
R
I
C
H
P
R
K
B
L
O
P
G
T
L
R
I
C
S
I
M
ØA ØB
2
WATTS/LINE
TOTAL ØB: 9217 WATTS
TOTAL ØA: 9420 WATTS
HIGH PHASE LCL AMPS:
TOTAL WATTS:
PANEL AMPS: 77.7
18637
98.1
BREAKERS SHALL BE SERIES
RATED AND MARKED
ACCORDING TO NEC.
3
5
7
9
A
B
A
B
A
4
6
8
10
WIRE: 3
1100 1077 8320 8140
40 1
11 B 12
40 1
EX. EVCS-PORT 1EX. PARKING LTG.
2
2
3600
3600
3600
3600
204
360
200
#
201
1#
13 14
15
A
B16EX. MONUMENT
17 18
19
A
B20SPACE
SPACE
EX. RECEPTACLES EX. IRRIGATION CONT.
EX. LTG CONTROL
20
20
11
11
2011
180
EX. PARKING LTG.150 3
2011
EX. FIXTURES CONTROLLED BY MASTER PHOTOCELL IN METER PEDESTAL WITH OCCUPANCY SENSOR ON
LUMINAIRES FOR BI-LEVEL CONTROL.
#
EX. RECEPTACLES
EX. RECEPTACLES
540
540
360
3
3
1
201
201
201
***
*EX. MONUMENT/RECEPTACLES CONTROLLED BY MASTER PHOTOCELL/ASTRO TC IN METER PEDESTAL DURING
SEASONAL USE. LEAVE BREAKERS OFF WHEN NOT IN USE.
EX. PHOTO CELL
MOUNTED ON SIDE
OF CABINET.
PROVIDE 'EYE-BROW'
OVER PHOTOCELL
EX. 'ON' BYPASS.
A-
1
A-12
120V-1Ø
PARKING LOT
LTS.
A-
3
H
N
EX.
'ON'
BYPASS
EX. CONTACTOR 'A'
ALL NIGHT LIGHTS
EX. CONTACTOR 'B'
PART NIGHT MON. LIGHTS/
RECEPTACLES
EX.
ASTRO
TC
A-
1
1
A-
1
3
A-
9
*201
RC
P
T
RC
P
T
RC
P
T
A-
8
MO
N
PUBLIC WORKS DEPARTMENT
CITY OF MOORPARK
ENGINEERING DIVISION
MO O RP A R K CALIF
OR
N
I
A
I
N
C
O
R
P
O
RATED J U L Y 1
1983
3
METROLINK STATION NORTH
PARKING LOT ART NODES
VERIFY SCALES
20-ML-11089
3
DETAILS, PANEL SCHEDULE
EL-3
35
ART NODE LIGHTS
EX. PLATFORM LTS.
EX. PLATFORM LTS.
20
2
4
420
2
380
380
380
380
#
#
A-
1
4
A-
1
6
A-
1
8
A-
2
0
PLATFORM
LTS.
EX. EVCS-PORT 1
352
SPACE
(A)
(A)
A-
7
AR
T
L
T
S
EX. METER PEDESTAL AND LIGHTING CONTROLS
NEW CONTACTOR 'C'
PART NIGHT ART LIGHTS
GRADE
NOTE:
CONTRACTOR TO PERFORM NIGHT TIME
FIXTURE ADJUSTMENT TO MAXIMIZE LIGHT
DISTRIBUTION. AIM LIGHT AT CENTER OF
ART WORK CIRCLE.
LIGHTS ARE BLUETOOTH ENABLED.
IN-GRADE UP LIGHT. MOUNT
22" FROM CENTER OF LIGHT
TO RDGE OFART WORK.
CONDUIT
AND WIRES,
SEE PLANS.
3/4" C-2#10, 1#10
GND. BURY 24"
BELOW GRADE.
NEW ART NODE LIGHTS TO BE CONTROLLED BY EX. MASTER PHOTOCELL/ASTRO TC AND NEW LIGHTING
CONTRACTOR INSIDE METER PEDESTAL. PROVIDE NEW 20 AMP, 1-POLE BREAKER IN SPARE POSITION OF
SAME MAKE AND TYPE FOR PROPER SERIES RATING.
22"22"9.875"
Ø 10.375"
IN HARDSCAPE
HOLE Ø
16"R x 14"D
REBAR CAGE PROVIDED
WITH PRODUCT. INSTALL
PER MANUFACTURER'S
INSTRUCTIONS. MAINTAIN
2" CLEAR FROM EDGE OF
CONCRETE. FIXTURE TO BE
INSTALLED FLUSH WITH
GRADE.
9.875"
Ø 10.375"
IN SOFTSCAPE
HOLE Ø
16"R x 14"D
REBAR CAGE PROVIDED
WITH PRODUCT. INSTALL
PER MANUFACTURER'S
INSTRUCTIONS. MAINTAIN
2" CLEAR FROM EDGE OF
CONCRETE
CONCRETE ENCASEMENT
SHALL BE 3" ABOVE GRADE
FOR MULCH FILL. PROVIDE
2% SLOPE FOR DRAINAGE.
173
EXHIBIT B: Paving/Hardscape Repair
Hardscape
Installation
Area
174
175
ATTACHMENT 3
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2023/24 BUDGET BY APPROPRIATING $68,000 FROM THE
ART IN PUBLIC PLACES FUND (2007) FOR MOORPARK TRAIN
STATION SCULPTURE LIGHTING
WHEREAS, the City Council adopted the Operating and Capital Improvement
Projects budget for Fiscal Year 2023/24 on June 21, 2023; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of an Agreement with Oilfield Electric Company for Moorpark Train Station
Sculpture Lighting services with a total contract value of $67,928, and authorizing the
City Manager to execute said Agreement; and
WHEREAS, a budget amendment of $68,000 from the Art In Public Places Fund
(2007) is requested to fully fund these services; and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $68,000 from, the Art In
Public Places Fund (2007) for Moorpark Train Station Sculpture Lighting services, as
more particularly described in Exhibit “A”, attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of October, 2023.
_____________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
176
Resolution No. 2023-_____
Page 2
FUND BALANCE ALLOCATION:
Fund-Account Number Am ount
2007-000-00000-33990 68,000.00$
Total 68,000.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2007-511-C0052-55500 104,300.00$ 68,000.00$ 172,300.00$
-$ -$ -$
-$ -$ -$
Total 104,300.00$ 68,000.00$ 172,300.00$
ART IN PUBLIC PLACES
EXHIBIT A
BUDGET AMENDMENT FOR
ART IN PUBLIC PLACES FUND (2007) FOR
FY 2023/24
Fund Title
MOORPARK TRAIN STATION SCULPTURE LIGHTING
177