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Resolution No. 2010 -237
OW-OF
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 17, 2010
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of November 3, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of November 3, 2010 Staff
Recommendation: Approve the minutes.
All writings and documents provided to the majority of the Agency regarding all open - session agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda
packet for all regular Redevelopment Agency meetings is also available on the City's website at www.ci.mooroark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public
Hearing or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or
Presentations /Action/Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the
Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public
Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each
Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or
beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment
and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public
Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at
517 -6223.
Redevelopment Agency Agenda
November 17, 2010
Page 2
5. CONSENT CALENDAR: (continued)
C. Consider Award of Bid and Project Approval for the Retaining Wall at 81 First
Street Retaining Wall and Resolution Amending the Fiscal Year 2010/11
Budget to Fund the Project. Staff Recommendation: 1) Approve the
construction of the retaining wall at 81 First Street; 2) Award bid to Malibu
Pacific Tennis Courts, Inc. and authorize execution of the Agreement by the
Executive Director, subject to final language approval by the Executive
Director and Agency Counsel; 3) Authorize the Executive Director to approve
change orders for the project up to the 10% contingency amount; and 4)
Adopt Resolution No. 2010- ROLL CALL VOTE REQUIRED (Staff:
Jessica Sandifer)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate In this meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805)
517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a
disability. Any request for disability-related modification or accommodation should be made at least 48 hours
prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to
provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title ll).
Redevelopment Agency Agenda
November 17, 2010
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that a notice for a Regular Meeting of
the Redevelopment Agency of the City of Moorpark to be held Wednesday, November 17,
2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on November 12, 2010, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 12, 2010.
Maureen Benson, City Clerk
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of __ ITEM 5.A.
ACTION:
MINUTES OF THE SPECIAL MEETING OF THE
MENT AGENCY OF THE CITY OF MOORPARK
BY:
Moorpark, California November 3, 2010
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
November 3, 2010, in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
CALL TO ORDER:
Chair Parvin called the meeting to order at 6:48 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Pollock, Van
Dam, and Chair Parvin.
Staff Present: Steven Kueny, Executive Director; Joseph Montes,
General Counsel; Hugh Riley, Assistant Executive
Director; David Moe, Redevelopment Manager; and
Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. CLOSED SESSION:
Mr. Kueny requested the Agency adjourn to closed session for discussion of Item
5.C. on the agenda.
MOTION: Agency Member Mikos moved and Chair Parvin seconded a motion to
adjourn to closed session for discussion of Item 5.C. on the agenda. The motion carried
by unanimous voice vote. The time was 6:49 p.m.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 18 High Street
Agency Negotiator: Redevelopment Agency of the City of Moorpark -
Steven Kueny, Executive Director
Negotiating Party: Moorpark Chamber of Commerce
Under Negotiation: Price and terms of a lease
1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 November 3 2010
Present in closed session were Agency Members Mikos, Millhouse, Pollock, Van
Dam, and Chair Parvin; Steven Kueny, Executive Director; General Counsel,
Joseph Montes; Hugh Riley, Assistant Executive Director; David Moe,
Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary.
The Agency reconvened into open session at 7:11 p.m. Mr. Kueny stated Item
S.C. was discussed and there was no action to report.
6. ADJOURNMENT:
Chair Parvin adjourned the Redevelopment Agency meeting at 7:11 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
2
;,iT`' OF MOORPARK. CALIFORNIA
Redevelopment Agency Meeting
of - -- 7-a0 16) -
ACTION:
ITEM 5.13.
EVELOPMENT AGENCY OF THE CITY OF MOORPARK
BY._ �20n . ide 14%4L4F-V---'
Moorpark, California November 3, 2010
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
November 3, 2009, in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Parvin called the meeting to order at 7:29 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Milihouse, Pollock, Van
Dam, and Chair Parvin.
Staff Present: Steven Kueny, Executive Director; Joseph Montes,
General Counsel; Hugh Riley, Assistant Executive
Director; David Moe, Redevelopment Manager; and
Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Authorizing the Acquisition of 450 High Street,
Accepting the Grant Deed for Recordation, and Amendino the Fiscal Year
2010/11 Budget to Fund the Purchase. Staff Recommendation: 1) Adopt
Resolution No. 2010 -236; 2) Authorize the Executive Director to execute
all documents necessary to complete this transaction and lease back to
property owner; and 3) Authorize the Agency Secretary to accept and
consent to the recordation of any deed. ROLL CALL VOTE REQUIRED
MOTION: Agency Member Pollock moved and Agency Member Van Dam
seconded a motion to: 1) Adopt Resolution No. 2010 -236; 2) Authorize the
Executive Director to execute all documents necessary to complete this
transaction and lease back to property owner; and 3) Authorize the Agency
Secretary to accept and consent to the recordation of any deed. The motion
carried by unanimous roll call vote.
3
Minutes of the Redevelopment Agency
Moorpark, California Page 2 November 3, 2010
6. CONSENT: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Van Dam moved and Agency Member Pollock seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Siecial Joint City Council /Redevelopment
Agency /Public Financing Authority Meeting of October 20, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of October 20, 2010. Staff
Recommendation: Approve the minutes.
7. CLOSED SESSION:
None was held.
8. ADJOURNMENT:
Chair Parvin adjourned the Redevelopment Agency meeting at 7:30 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
El
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM
of
ACTION:
�a� v • ��e — a�7
BY:3+ o�� -
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Agency Board of Directors
FROM: Jessica Sandifer, Management Analy
DATE: November 8, 2010 (Agency Meeting of 1/17/10)
SUBJECT: Consider Award of Bid and Project Approval for the Retaining
Wall at 81 First Street and Resolution Amending the Fiscal Year
2010111 Budget to Fund the Project
BACKGROUND
The Agency acquired the vacant lot at 81 First Street to build one affordable housing
unit. The Agency entered into a contract with A. Bates General Contractor ( "Contractor ")
to build the single - family home on the vacant lot. The contractor completed the project
and a Notice of Completion was approved on March 17, 2010.
DISCUSSION
Initially, it was believed that a retaining wall was not needed for this project, so the
retaining wall was not included in the project specifications. After construction was
completed and after seeing the amount of dirt and the difference in elevation between
the surrounding houses and 81 First Street the City Engineer elected to fail our final
grading permit, based on the lack of a retaining wall around the perimeter of the
structure. Staff requested a change order from the Contractor to build the retaining wall.
The Contractor's change order totaled $80,000. Staff felt that the proposed change
order amount was too high and elected to separately bid the project after the retaining
wall plans had been approved by the Building and Safety Department. Building and
Safety approved the plans on August 30, 2010.
The project scope for this part of the project consists of building retaining walls on the
east and west property lines of the 81 First Street property and installing two gates on
the east and west sides of the house to provide security for the rear yard. The wall will
be two feet retaining with a six foot wall on top of the retaining wall. The portion of the
wall on the west side of the property line that runs along the drive way, will be two feet
retaining, with a four foot wall and two feet of wrought iron fencing, to preserve line of
sight when backing out of the driveway. The top of the wall will have a 2" cap. The
5
Honorable Agency Board
November 17, 2010
Page 2
material for the wall will be gray concrete block. The portion of the wall in the front of the
house will receive a stucco finish on the interior and exterior sides of the wall. The
remaining portion of the exterior of the west property line wall will receive a stucco finish
once the house at 65 First Street has been demolished in preparation for the second
access to the Metrolink Parking Lot. The rear portion of the retaining wall will be
constructed as a part of the future Metrolink Security wail project to ensure the
continuity of the materials used for the construction of that wall. The rear property line
wall will be a chainlink fence until the Metrolink Security wall is constructed.
A notice inviting bids for the construction of the retaining wall was published on October
5, 2010 and October 10, 2010. A mandatory job walk was held on October 14, 2010 and
was attended by 6 contractors. Five bids were received by the due date of November 2,
2010. The results are:
Ardalan Construction, Inc. $143,700.00
G. Coast Construction, Inc. $59,000.00
Maccor, Inc. $64,000.00
Malibu Pacific Tennis Courts, Inc. $57,450.00
Oaktree Construction, Inc. $84,900.00
The proposals were evaluated on their completeness and cost. The responsible low
bidder is Malibu Pacific Tennis Courts, Inc. They possess the necessary qualifications,
resources, and experience to perform the work.
ENVIRONMENTAL DOCUMENTATION
As this project involves the construction of an accessory structure to an existing
structure, and there is no reasonable possibility that it would result in a significant effect
on the environment, either individually or cumulatively in consideration of other
reasonably foreseeable projects, it is the Community Development Director's
determination that the project is categorically exempt from environmental review under
the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) of the
CEQA Guidelines. If this project is approved, a Notice of Exemption will be filed with the
County Clerk.
FISCAL IMPACT
Staff budgeted $40,000 in the fiscal year 2010 -11 budget for this project. A budget
amendment of $23,195, which includes a ten percent (10 %) contingency for any
potential change orders, is needed from the MRA Low /Mod Housing fund, to pay for this
project.
At this time, the MRA Low /Mod Housing Fund (2901) is projected to have a deficit fund
balance of $1,928.24 at the end of June 30, 2011 and the additional appropriation will
bring the deficit balance to $25,123.24. However, the Agency will be receiving funds in
N.
Honorable Agency Board
November 17, 2010
Page 3
December in the amount of $353,153 from payoff of the Area Housing Authority's Pre -
development Loan, which will improve the fund balance position of this project.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Approve the construction of the retaining wall at 81 First Street; and
2) Award bid to Malibu Pacific Tennis Courts, Inc. and authorize execution of the
Agreement by the Executive Director, subject to final language approval by the
Executive Director and Agency General Counsel; and
3) Authorize Executive Director to approve change orders for the project up to the
10% contingency amount; and
4) Adopt Resolution No. 2010-
Attachment 1 —Agreement
Attachment 2 — Resolution No. 2010-
W
ATTACHMENT 1
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK AND MALIBU PACIFIC TENNIS COURTS, INC. FOR CONSTRUCTION
OF RETAINING WALL AT 81 FIRST STREET, MOORPARK, CA
THIS AGREEMENT, is made and effective as of this day of
, 2010, between the Redevelopment Agency of the City of Moorpark, a
municipal Corporation ( "Agency ") and Malibu Pacific Tennis Courts, Inc., a California
Corporation ( "Contractor "). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
WHEREAS, Agency has the need for construction services to construct a
retaining wall at 81 First Street, Moorpark, CA; 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, the Agency Board of the Redevelopment Agency of the City of
Moorpark at a meeting held on the 17th day of November, 2010, authorized the
Executive Director to enter into this Agreement after public bidding in accordance with
California Public Contract Code Section 20160, et se q.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
Agency does hereby retain Contractor in a contractual capacity to provide
construction services as set forth in Exhibit B - Contractor's Bid Proposal, dated
November 2, 2010, which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as the "Proposal." Where
said Scope of Services is modified by this Agreement, or in the event there is a conflict
between the provisions of said Scope of Services and this Agreement, the language
contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B attached
hereto and incorporated herein by this reference as though set forth in full. Contractor
shall complete the tasks according to the requirements of the bid manual which is set
forth in Exhibit C.
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Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
accordance with Exhibits B and C, attached hereto and incorporated herein by this
reference as though set forth in full. Compensation shall not exceed the rates or total
contract value as stated in Exhibit B, without the written authorization of the Executive
Director. Payment by Agency to Contractor shall be as referred to herein.
3. INCORPORATION BY REFERENCE
Notice Inviting Bids, Instructions to Bidders, Public Contract Code Section 22300,
General Conditions, Technical Specifications, Soils Report (date) and addenda (date),
Bidder's Proposal, Plans, Standard Specifications for Public Works Construction
( "Greenbook "), Drawings, Project Manual and Specifications, Required Bonds and
Forms, Permits, Addenda, Exhibits A, B, and C, and all applicable codes and
regulations are hereby incorporated in and made part of this Agreement. The
provisions of the Greenbook shall apply to this Project except as may be modified by
other provisions of the Agreement.
4. PRECEDENCE
If there is a conflict between or in the Agreement documents, the precedence
shall be as outlined in Section 2 -5.2 of the Greenbook.
5. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his /her
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
6. AGENCY 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
Agency and Contractor shall be Philip Carter, and no other individual may be
substituted without the prior written approval of the Executive Director.
The Agency's contact person in charge of administration of this Agreement, and
to serve as principal liaison between Contractor and Agency, shall be the Executive
Director or the Executive Director's designee.
7. PAYMENT
The Agency agrees to pay Contractor monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto
and incorporated herein by this reference as though set forth in full, based upon actual
time spent on the above tasks. This amount shall not exceed fifty -seven thousand four
hundred and fifty dollars ($57,450.00) plus ten percent (10 %) contingency of five
Professional Services Agreement between Page 2 of 11
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc. 9
thousand seven hundred and forty -five dollars ($5,745.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the
Executive Director. Contractor shall be compensated for any additional services in the
amounts and in the manner as agreed to by Executive Director and Contractor at the
time Agency's written authorization is given to Contractor for the performance of said
services. The Executive Director is authorized by the Agency Board to approve
additional work not to exceed the ten percent (10 %) contingency amount stated above.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the
Agency disputes any of Contractor's fees it shall give written notice to Contractor within
(30) days of receipt of any disputed fees set forth on the invoice.
8. TERMINATION OR SUSPENSION WITHOUT CAUSE
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, Agency shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the Executive Director or his /her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the
Agency may proceed in the manner set forth in Section 6 -4 of the Greenbook.
9. 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, Agency shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the Executive Director or his /her delegate determines that the Contractor is in
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Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
default in the performance of any of the terms or conditions of this Agreement, he /she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the Agency 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.
10. 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 Executive
Director, he /she shall forfeit and pay to the City of Moorpark, as liquidated damages, the
sum of one thousand dollars ($1,000) 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 contract. [Govt C. Sec. 53069.85] Progress payments made by
the Agency after the above specified completion date shall not constitute a waiver of
liquidated damages by the Agency.
11. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by Agency 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 Agency or its designees at reasonable times to
such books and records; shall give the Agency the right to examine and audit said
books and records; shall permit Agency to make transcripts therefrom as necessary;
and shall allow inspection of all work, data, documents, proceedings, and activities
related to this Agreement. Notification of audit shall be provided at least thirty (30) days
before any such audit is conducted. Such records, together with supporting documents,
shall be maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the Agency
and may be used, reused, or otherwise disposed of by the Agency without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the Agency, at the Contractor's office and upon reasonable written request
by the Agency, the necessary computer software and hardware for purposes of
accessing, compiling, transferring, and printing computer files.
Professional Services Agreement between Page 4 of 11 1 1
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
13. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at Indemnitees'
option), indemnify, protect and hold harmless Agency, City, and its Engineers, officers,
agents, and employees ( "Indemnitees ") from and against any and all claims, charges,
damages, demands, actions, proceedings, losses, stop notices, costs, expenses
(including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or
nature whatsoever, which may be sustained or suffered by or secured against the
Indemnitees arising out of or encountered in connection with this Agreement or the
performance of the work including, but not limited to, death of or bodily injury to persons
or damage to property, including property owned by or under the care and custody of
Agency, and for civil fines and penalties, that may arise from or be caused, in whole or
in part, by any negligent or other act or omission of Contractor, its officers, agents,
employees or Subcontractors including but not limited to, liability arising from:
a) Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractor;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub - sections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of Agency.
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of Agency under any provision
of this Agreement, Contractor shall not be required to indemnify and hold harmless
Agency for liability attributable to the active negligence of Agency, provided such active
negligence is determined by agreement between the parties or by the findings of a court
of competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of the
Professional Services Agreement between Page 5 of 11 12
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of Agency.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section.
Failure of Agency to monitor compliance with these requirements imposes no
additional obligations on Agency and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend Agency as set forth here is binding
on the successors, assigns or heirs of Contractor and shall survive the termination of
this Agreement or section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity I sin addition to any other rights or remedies that the
Indemnities 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, Agency 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, Agency may release such funds if the Contractor
provides Agency with reasonable assurance of protection of the Indemnitees' interests.
Agency shall, in its sole discretion, determine whether such assurances are reasonable.
13. 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.
14. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the Agency 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 Agency 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 Agency. Contractor shall not incur or have the power to
incur any debt, obligation, or liability against Agency, or bind Agency 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, Agency shall not pay salaries, wages, or other compensation to
Professional Services Agreement between Page 6 of 11 1 3
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
Contractor for performing services hereunder for Agency. Agency shall not be liable for
compensation or indemnification to Contractor for injury or sickness arising out of
performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of 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. The Agency, and its
Construction Manager, officers and employees, shall not be liable at law or in equity
occasioned by failure of the Contractor to comply with this Section.
16. 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 handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Contractor shall have responsibility for compliance with this Section. [Labor Code
Sec. 1735]
17. 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 Agency 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 Agency 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 Agency to any and all
remedies at law or in equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the Agency, or their designees or agents,
and no public official who exercises authority over or responsibilities with respect to the
Project during his/her tenure or for one year thereafter, shall have any interest, direct or
indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be
performed in connection with the Project performed under this Agreement.
19. 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
Professional Services Agreement between Page 7 of 11 1 4
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
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 Agency 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 Agency or its Area of Interest, while under contract with the
Redevelopment Agency of the City of Moorpark and for a one -year time period following
termination of this Agreement.
20. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Philip Carter
Malibu Pacific Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Moorpark, California 91362Either 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.
21. 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 Agency in order that proper steps may be
taken to have the change reflected in the Contract Documents.
22. 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
Professional Services Agreement between Page 8 of 11 15
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts. Inc.
is uniquely qualified to perform the services provided for in this Agreement.
23. 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.
24. 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 Agency 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.
25. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
26. 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.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the Executive Director.
28. TIME OF COMPLETION
Agency and Contractor agree that time is of the essence in this Agreement.
Agency and Contractor further agree that Contractor's failure to perform on or at the
times set forth in this Agreement will damage and injure Agency, but the extent of such
damage and injury is difficult or speculative to ascertain. Consequently, Agency and
Contractor agree that any failure to perform by Contractor at or within the times set forth
Professional Services Agreement between Page 9 of 11 16
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts. Inc.
herein shall result in liquidated damages as defined in Article 10 for each and every day
such performance is late. Agency and Contractor agree that such sum is reasonable
and fair. Furthermore, Agency and Contractor agree that this Agreement is subject to
Government Code Section 53069.85 and that each party hereto is familiar with and
understands the obligations of said Section of the Government Code.
29, 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.
30. 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.
31. 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.
Professional Services Agreement between Page 10 of 11 1 %
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts. Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK
am
Steven Kueny, City Manager
Attest:
Deborah S. Traffenstedt, City Clerk
MALIBU PACIFIC TENNIS COURTS, INC.
Philip Carter
Its: President
Title
Professional Services Agreement between Page 11 of 11 1 8
Redevelopment Agency of the City of Moorpark and Malibu Pacific Tennis Courts, Inc.
Insurance
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds
available to Agency in excess of the limits and coverage required in this Agreement and
which is applicable to a given loss, will be available to the Agency.
Contractor shall provide the following types and amounts of insurance-
1 . Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than One million dollars ($1,000,000) per occurrence for all covered losses and no
less than Two million dollars ($2,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to Agency for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state - approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
19
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contract shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liabil
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. Any such coverage provided under an umbrella liability policy shall include
a drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to
Agency for injury to employees of contractor, subcontractors, or others involved in the
Work. The scope of coverage provided is subject to the approval of Agency following
receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and Agency agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds Agency, City, its officials, employees,
agents, using standard ISO endorsement No. CG 2010 with an edition date of
1985. Contractor also agrees to require all contractors, subcontractors, and any
one else involved in any way with the project contemplated by this Agreement to
do likewise.
2. Any waiver of subrogation express or implied on the part of the Agency to any
party involved in this Agreement or related documents applies only to the extent
of insurance proceeds actually paid. Agency, having required that it be named
as an additional insured to all insurance coverage required herein, expressly
retains the right to subrogate against any party for sums not paid by insurance.
For its part, Contractor agrees to waive subrogation rights against Agency
20
regardless of the applicability of any insurance proceeds, and to require all
contractors, subcontractors, or others involved in any way with the project
contemplated by this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the Agency, or to specifically allow Contractor or
others providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and Agency that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of Agency, or to the supervisory role, if any, of Agency. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to Agency is intended to apply to the full extent of
the policies involved. Nothing referred to here or contained in any agreement
involving Agency in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the Agency, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect Agency's protection without
Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to
Agency at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, Agency has
the right, but not the duty, to obtain any insurance it deems necessary to protect
its interests under this or any other Agreement and to pay the premium. Any
premium so paid by Agency shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at Agency option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to Agency
and the appropriate tender prior to cancellation or reduction of such liability
coverage and notice of any material alteration or non - renewal of any such
21
coverage, and to require contractors, subcontractors, and any other party in any
way involved with the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non - contributing basis in
relation to any other insurance or self insurance available to the Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to Agency for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self- insure its obligations to Agency. If
Contractor's existing coverage includes a deductible or self- insured retention, the
deductible or self- insured retention must be declared to the Agency. At that time
the Agency 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.
13. The Agency reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the Agency will negotiate additional
compensation proportional to the increased benefit to Agency.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of Agency to inform Contractor of non - compliance with any insurance
22
requirement in no way imposes any additional obligations on Agency nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as Agency, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. The insurance shall include but not be
limited to products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until Agency executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the Agency, and to require
all subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all- inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by
Agency.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change Agency or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to Agency. It
is not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for
payment of premiums or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to Agency a copy of Professional
Liability coverage for Architects or Engineers on this project through Contractor.
Agency shall determine the liability limit.
23
THIS PAGE LEFT BLANK
INTENTIONALLY
M,
7:
EXHIBIT B
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
MOORPARK, CALIFORNIA
Construction of Retaining Wall at 81 First Street,
Moorpark, California
Bids to Be Received — Tuesday, November 2, 2010 by 3:00 p.m.
CONTRACTOR
Name IMA1_i 6 t Pk-P ; F; 0 - OOVa r'
Street Address 3113"3 V: A &(; NA s , -# to %
City Wjb:1'StTLA-►-e V.L,1,Ar6E State (2A Zip Code 9136A
Telephone Number �&qv,) i0 -7^ 3797
Contractor's License No (a/r//7 Class -30 �•0 expiration Date y— 30 ��/
The undersigned swears uAr penalt otrrythal the information regarding the Contractor's
License is true and correct /�_
Signature of Bidder
BID SCHEDULE:
r
Title
It is understood that the lump sum bid includes without limitation, all appurtenant expenses,
permits, taxes, royalties, and fees associated with the work described within these bid
documents. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE
CONTRACT.
t. 81 First Street Retaining Wall Lump Sum Base Bid ($_5 Z /15 0, ?0 )
FOV2 k1vNr>11Ez) /'/ F7-c dollars and i20 Cents
Number of calendar days for completion: 15 `j" 15 _
Moorpark Redevelopment Agency
Retaining Wall —81 First Street
Bid Package
Page 6 of 58
25
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: November 2, 2010 by 3:00 p.m.
UNIT PRICES
This is a lump sum contract. See next page for unit prices that will be used only for additions
and deletions to the contract amount. All prices remain firm throughout completion of all work
under this contract.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with
the Redevelopment Agency of the City of Moorpark to perform the Work as specified or
indicated in said Contract Documents entitled: Construction of Retaining Wall at 81 First Street.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter
into a Contract within the time and in the manner as required in the Notice Inviting Bids and will
furnish the insurance certificates and Bonds as required by the Contract Documents.
Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number:_ Date: 10 - 0 - t0
Bid Addenda Number: Date:
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documents, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder: MALI A� C
M
(Signature — Atliorized Representative)
Title: Dated:
Moorpark Redevelopment Agency
Retaining Wall -81 First Street
10 —� I— to
Bid Package
Page 7 of 58
26
SCHEDULE OF UNIT PRICES
FOR CONSTRUCTION OF RETAINING WALL AT 81 FIRST STREET
All labor prices are complete, including, without limitation, all benefits, insurance, taxes and
bonds. Material prices are complete and include, without limitation, all costs, taxes,
transportation and delivery. Profit and overhead (mark -up) are not included.
These prices are to be used only for additions or deletions to the contract. Unit prices for all
materials and labor are to be listed in this schedule. City reserves the right to reject any or all of
these unit prices.
Item Payment Unit
No. Reference Description Quantity Unit Price
1
ol-ii
1
L. r
sa.
2
w c Wa
I
l.. F.
t;to.op
3
6iLavT—
L.
a:o.00
5'
a
L• F.
to-o
Use additional pages if necessary.
Moorpark Redevelopment Agency
Retaining Wall —81 First Street
Contractor's Name MALidi& PAn ;,F1C _�N,•irS Cov i
Bid Package
Page 8 of 58
27
EXHIBIT C
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
Project Manual
and
Specifications
Construction of Retaining Wall at 81 First Street
Moorpark, California
Bid Due Date and time:
Tuesday, November 2, 2010 at 3:00 p.m.
Specification No. RDA -10 -002
W.
TABLE OF CONTENTS
BIDDING, AGREEMENT FORMS AND BONDS:
Notice Inviting Bids
* *Bid Forms:
Bid Proposal
Non - collusion Affidavit
Bid Bond
Compliance with Environmental, Health & Safety Standards
Workers' Compensation Insurance Certificate
Bidder's Statement of Subcontractors
Agreement and Bonds
Contract
Performance and Payment Bonds
Material Suppliers and Laborers
CONDITIONS OF THE CONTRACT:
General Conditions
TECHNICAL SPECIFICATIONS
** FORMS TO BE SUBMITTED WITH BID.
Moorpark Redevelopment Agency
Retaining Wall —81 First Street
Bid Package
Page 2 of 58
"01
Instruction to Bidders
THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK IS REQUESTING
BIDS FOR CONSTRUCTION OF A RETAINING WALL AT 81 FIRST STREET,
MOORPARK, CA 93021
There will be a mandatory pre -bid conference and site walk held on Wednesday,
October 14, 2010 at 10:00 a.m. at 81 First Street. Potential bidders are required to
attend this meeting. Failure to attend the mandatory pre -bid meeting will result in a
bidder's proposal being rejected as non - responsive.
BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid
package. All blanks in the Bid Form must be filled in and all prices 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. All bid
forms must be sealed and delivered before 3:30 p.m. on November 2, 2010, to the
following address (postmarks will not be accepted):
City Clerk's Office
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
NOTE: Please mark the outside of the envelope:
Sealed Bid for
Retaining Wall Construction — 81 First Street
Moorpark, CA 93021
DO NOT OPEN WITH REGULAR MAIL
Bidders shall submit one complete set of the Bid Forms and all required
attachments. No proposal received after the time specified or at any place other than
the place stated above will be considered. All bids will be opened and declared publicly.
The official bid clock, which will establish the official bid time, will be determined by the
City Clerk's Division of the City of Moorpark. Bidders or their representatives are invited
to be present at the opening of the bids.
No individual or business entity of any kind shall be allowed to make or file, or to be
interested in more than one bid, except an alternative bid when specifically requested.
An individual or business entity which has submitted a sub - proposal to a bidder
submitting a proposal, or who has quoted prices on materials to such bidder, is not
thereby disqualified from submitting a sub - proposal or from quoting prices to other
bidders submitting proposals.
Moorpark Redevelopment Agency Bid Package
Retaining Wall -81 First Street Page 3 of 58 30
Instructions to Bidders (continued)
A bidder may withdraw the proposal, without prejudice prior to the time specified for the
bid opening, by submitting a written request to the Agency for its withdrawal, in which
event the proposal will be returned to the bidder unopened. Changes in or additions to
the Bid Form, recapitulations of the work bid upon, alternative proposals, or any other
modification or deviation of the Bid Form which is not specifically called for in the
Contract Documents may result in the Agency's rejection of the bid as being non-
responsive. Non - substantial deviations may be permitted provided that the bidder
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposed deviation will be made solely by the
Agency.
BID FORMS: The bid must be accompanied by certified check, cashier's check, or
bidder's bond, made payable to the Redevelopment Agency of the City of Moorpark for
an amount no less than ten percent (10 %) of the total bid amount, as a guarantee that
the bidder, if its bid is accepted, will promptly obtain the required bonds and insurance
and will prepare the required submittal documents and execute the contract. The Bid
Bonds for those bids that were not selected will be returned to the Bidders upon award
of the contract by the Agency Board.
The bidder to whom award is made shall execute a written contract with the Agency
within fourteen (14) calendar days after notice of the award has been sent by mail to the
address given in the proposal. The contract shall be made in the form adopted by the
Agency and incorporated in these specifications. The bidder warrants that he /she
possesses, or has arranged through subcontracts, all capital and other equipment, labor
and materials to carry out and complete the work hereunder in compliance with all
applicable Federal, State, Agency, and Special District laws, ordinances, and
regulations.
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled; any bid security will be forfeited; and an award may be made to the next
lowest responsible bidder who shall fulfill every term and condition of the bid as if
he /she were party to whom the first award was made.
BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the
plans or specifications or have any questions concerning the bidding documents or
proposal forms contact the Agency's Project Representative:
Jessica Sandifer, Management Analyst
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
(805) 517 -6225
Please do not call other staff members or consultants. If a prospective bidder is in doubt
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 4 of 58
31
Instructions to Bidders (continued)
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
above Project Representative, a written request for an interpretation or a correction
thereof. Interpretations or corrections shall be made only by addendum duly issued by
the Agency. A copy of such addendum will be mailed, faxed, or delivered to each
person receiving a set of the Contract Documents and such addendum shall be
considered a part of, and incorporated in, the Contract Documents. Questions must be
received in sufficient time for the Agency to evaluate the question(s) and respond at
least 72 hours prior to the bid deadline. If the Agency cannot answer the question in the
72 hour time period, the bid deadline will be extended in order to allow for sufficient time
for other potential bidders to respond to the change in the bid.
All timely requests for information (regarding the bid) submitted in writing will receive a
written response from the Agency. Telephone communications with Agency Staff will
not be permitted. Any oral communication shall not be binding on the Agency.
BIDS QUOTES AND UNIT PRICING: The individual project prices should be bid as
lump sum prices and must be entered in figures in the spaces provided on the Bid
Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission
Form(s) must be totally completed. Unit prices outlined are to be used only for changes
to the contract.
EVALUATION OF BIDS AND AWARD: The Agency reserves the right to retain all bids
for a period of 90 calendar days for examination and comparison, and to delete or add
any alternates to /from the contract. Bidders shall guarantee the bid prices for said 90
day period to facilitate Agency evaluation of the bids. Each bidder shall meet all of the
specifications and bid terms and conditions. By virtue of the bid submission and
acceptance of the bid award, the bidder acknowledges full understanding of, and
agreement with, and acceptance of all provisions of the plans, specifications and
contract documents. The Agency reserves the right to waive non - substantial
irregularities in any bid, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that the bids are qualified by specific
limitations given by the Agency, and to make award to the lowest responsible bidder as
the interest of the Agency may require.
In addition to the information required by the bid documents, the Agency may request
evidence from a bidder, whose bid is under consideration for award, reasonable
evidence showing that bidder's financial resources, construction experience, and
organization and plant facilities are sufficient for performance of the contract.
Moorpark Redevelopment Agency Bid Package
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32
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
MOORPARK, CALIFORNIA
Construction of Retaining Wall at 81 First Street,
Moorpark, California
Bids to Be Received — Tuesday, November 2, 2010 by 3:00 p.m.
Name
Street Address
City
Telephone Number
Contractor's License No
CONTRACTOR
State Zip Code
Class , Expiration Date
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder
Title
BID SCHEDULE:
It is understood that the lump sum bid includes without limitation, all appurtenant expenses,
permits, taxes, royalties, and fees associated with the work described within these bid
documents. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE
CONTRACT.
1. 81 First Street Retaining Wall
Number of calendar days for completion:
Lump Sum Base Bid ($ )
dollars and
Cents
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 6 of 58
33
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: November 2, 2010 by 3:00 p.m.
UNIT PRICES
This is a lump sum contract. See next page for unit prices that will be used only for additions
and deletions to the contract amount. All prices remain firm throughout completion of all work
under this contract.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with
the Redevelopment Agency of the City of Moorpark to perform the Work as specified or
indicated in said Contract Documents entitled: Construction of Retaining Wall at 81 First Street.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter
into a Contract within the time and in the manner as required in the Notice Inviting Bids and will
furnish the insurance certificates and Bonds as required by the Contract Documents.
Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number: Date:
Bid Addenda Number: Date:
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documents, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder:
0
(Signature — Authorized Representative)
Title: Dated:
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 7 of 58
34
SCHEDULE OF UNIT PRICES
FOR CONSTRUCTION OF RETAINING WALL AT 81 FIRST STREET
All labor prices are complete, including, without limitation, all benefits, insurance, taxes and
bonds. Material prices are complete and include, without limitation, all costs, taxes,
transportation and delivery. Profit and overhead (mark -up) are not included.
These prices are to be used only for additions or deletions to the contract. Unit prices for all
materials and labor are to be listed in this schedule. City reserves the right to reject any or all of
these unit prices.
Item Payment Unit
No. Reference Description Quantity Unit Price
Contractor's Name
Use additional pages if necessary.
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 8 of 58
35
NON - COLLUSION AFFIDAVIT
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF ) SS.
CITY OF
being first duly sworn, deposes and says that he /she is
of the party making the foregoing bid; that the
bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to
any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder Name of Bidder
Signature of Bidder
Signature of Bidder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 9 of 58
36
(in lieu of certified or cashier's check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and ,
as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment
Agency of the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be
paid to said Agency if the Proposal shall be accepted and the Principal shall fail to
execute the contract tendered by the Agency within the applicable time specified in the
Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Specifications, then this obligation shall become due and payable, and Surety
shall pay to obligee, in case suit is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is herby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS our hands this day of
Contractor
By
Title
By
Title
Surety
By
20
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 10 of 58
37
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of , 20
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
known to be the of
person whose name is subscribed to the within instrument as the
said
and the said
acknowledge to me that he /she subscribed the name of
thereto as surety and his /her own as
and the same
of
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
If certified or cashier's check is submitted herewith, state number
and amount $
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 11 of 58
IN
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidder's financial ability and a general description of
similar work performed.
Required Qualifications: Bidders must hold a valid State of California Contractor's
License (B or C -29) at the time the bid is submitted to the City, and must have
satisfactorily completed at least three Southern California projects in the last five years
of comparable size to the scope of this project.
Number of years engaged in providing the work included within the scope of the
specifications under the present business name:
List and describe fully the last three contracts performed by your firm which
demonstrate your ability to complete the work included within the scope of the
specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name:
Contact Individual:
Address:
Contract Amount:
Description of work done:
Reference No. 2
Customer Name:
Contact Individual:
Address:
Contract Amount:
Description of work done:
Reference No. 3
Customer Name:
Contact Individual:
Address:
Contract Amount:
Description of work done:
Phone No.
Year:
Phone No.
Year:
Phone No.
Year:
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 12 of 58
39
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF
I am the
Of
, the bidder herein. I have read the foregoing statement and know the
contents thereof; and I certify that the same is true to my knowledge, except as to those
matters which are therein stated upon my information or belief, and as to those matters I
believe it to be true.
Executed on
(date)
at
California.
(place)
declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Title
Signature of Bidder
Title
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 13 of 58
M
COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chericals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti - smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time Agency issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, Agency may give notice of default to
Contractor, and at the Agency's option, elect any and all rights or remedies set forth in
this agreement.
Approved by Contractor:
Title
Date
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 14 of 58
41
WORKERS' COMPENSATION INSURANCE CERTIFICATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public
works contract is awarded to sign and file with the awarding body the following statement:
"I am aware of the Provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
Title:
Date:
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 15 of 58
42
BIDDER'S STATEMENT OF SUBCONTRACTORS
AND MATERIAL FABRICATORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractor's who will perform more than 1/2% the value
of the total lump sum bid amount.
PLEASE PRINT LEGIBLY
Name Under Which Percent
Subcontractor is License Type of work to
Licensed No.& Class Business Address Work be done'
Total Percentage 2
Signature(s) of Bidder Date
' Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2
Moorpark Redevelopment Agency Bid Package
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43
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK AND , FOR CONSTRUCTION OF
RETAINING WALL AT 81 FIRST STREET, MOORPARK, CA
THIS AGREEMENT, is made and effective as of this day of
, 2010, between the Redevelopment Agency of the City of Moorpark, a
municipal Corporation ( "Agency ") and ,[a sole
proprietorship, partnership, limited liability partnership, corporation, limited liability
corporation] ( "Contractor "). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
WHEREAS, Agency has the need for construction services to construct a
retaining wall at 81 First Street, Moorpark, CA; 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, the Agency Board of the Redevelopment Agency of the City of
Moorpark at a meeting held on the 17th day of November, 2010, authorized the
Executive Director to enter into this Agreement after public bidding in accordance with
California Public Contract Code Section 20160, et seg.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
Kaf,Z
The term of the Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
Agency does hereby retain Contractor in a contractual capacity to provide
construction services as set forth in Exhibit B - Contractor's Bid Proposal, dated
, which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as the "Proposal." Where
said Scope of Services is modified by this Agreement, or in the event there is a conflict
between the provisions of said Scope of Services and this Agreement, the language
contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B attached
hereto and incorporated herein by this reference as though set forth in full. Contractor
shall complete the tasks according to the requirements of the bid manual which is set
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 17 of 58
44
forth in Exhibit C.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B and C, attached hereto and incorporated herein by this
reference as though set forth in full. Compensation shall not exceed the rates or total
contract value as stated in Exhibit B, without the written authorization of the Executive
Director of the Redevelopment Agency of the City of Moorpark. Payment by Agency to
Contractor shall be as referred to herein.
3. INCORPORATION BY REFERENCE
Notice Inviting Bids, Instructions to Bidders, Public Contract Code Section 22300,
General Conditions, Technical Specifications, Soils Report (date) and addenda (date),
Bidder's Proposal, Plans, Standard Specifications for Public Works Construction
( "Greenbook "), Drawings, Project Manual and Specifications, Required Bonds and
Forms, Permits, Addenda, Exhibits A, B, and C, and all applicable codes and
regulations are hereby incorporated in and made part of this Agreement. The
provisions of the Greenbook shall apply to this Project except as may be modified by
other provisions of the Agreement.
4. PRECEDENCE
If there is a conflict between or in the Agreement documents, the precedence
shall be as outlined in Section 2 -5.2 of the Greenbook.
5. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his /her
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
6. AGENCY 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
Agency and Contractor shall be , and no other individual
may be substituted without the prior written approval of the Executive Director.
The Agency's contact person in charge of administration of this Agreement, and
to serve as principal liaison between Contractor and Agency, shall be the Executive
Director or the Executive Director's designee.
7. PAYMENT
The Agency agrees to pay Contractor monthly, in accordance with the payment
Moorpark Redevelopment Agency Bid Package
Retaining Wall —81 First Street Page 18 of 58
45
rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto
and incorporated herein by this reference as though set forth in full, based upon actual
time spent on the above tasks. This amount shall not exceed
($ .00) plus ten percent (10 %) contingency of
($ .00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the
Executive Director. Contractor shall be compensated for any additional services in the
amounts and in the manner as agreed to by Executive Director and Contractor at the
time Agency's written authorization is given to Contractor for the performance of said
services. The Executive Director is authorized by the Agency Board to approve
additional work not to exceed the ten percent (10 %) contingency amount stated above.
Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the
Agency disputes any of Contractor's fees it shall give written notice to Contractor within
(30) days of receipt of any disputed fees set forth on the invoice.
8. TERMINATION OR SUSPENSION WITHOUT CAUSE
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, Agency shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the Executive Director or his /her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the
Agency may proceed in the manner set forth in Section 6-4 of the Greenbook.
9. 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, Agency shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
Moorpark Redevelopment Agency Bid Package
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46
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the Executive Director or his /her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he /she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the Agency 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.
10. 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 Executive
Director, he /she shall forfeit and pay to the City of Moorpark, as liquidated damages, the
sum of one thousand dollars ($1,000) 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 contract. [Govt C. Sec. 53069.85] Progress payments made by
the Agency after the above specified completion date shall not constitute a waiver of
liquidated damages by the Agency.
11. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by Agency 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 Agency or its designees at reasonable times to
such books and records; shall give the Agency the right to examine and audit said
books and records; shall permit Agency to make transcripts therefrom as necessary;
and shall allow inspection of all work, data, documents, proceedings, and activities
related to this Agreement. Notification of audit shall be provided at least thirty (30) days
before any such audit is conducted. Such records, together with supporting documents,
shall be maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the Agency
and may be used, reused, or otherwise disposed of by the Agency without the
Moorpark Redevelopment Agency Bid Package
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47
permission of the Contractor. With respect to computer files, Contractor shall make
available to the Agency, at the Contractor's office and upon reasonable written request
by the Agency, the necessary computer software and hardware for purposes of
accessing, compiling, transferring, and printing computer files.
13. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at Indernitees'
option), indemnify, protect and hold harmless Agency, City, and its Engineers, officers,
agents, and employees ( "Indemnitees ") from and against any and all claims, charges,
damages, demands, actions, proceedings, losses, stop notices, costs, expenses
(including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or
nature whatsoever, which may be sustained or suffered by or secured against the
Indemnitees arising out of or encountered in connection with this Agreement or the
performance of the work including, but not limited to, death of or bodily injury to persons
or damage to property, including property owned by or under the care and custody of
Agency, and for civil fines and penalties, that may arise from or be caused, in whole or
in part, by any negligent or other act or omission of Contractor, its officers, agents,
employees or Subcontractors including but not limited to, liability arising from:
a) Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractor;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub - sections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of Agency.
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of Agency under any provision
of this Agreement, Contractor shall not be required to indemnify and hold harmless
Moorpark Redevelopment Agency Bid Package
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48
Agency for liability attributable to the active negligence of Agency, provided such active
negligence is determined by agreement between the parties or by the findings of a court
of competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of Agency.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section.
Failure of Agency to monitor compliance with these requirements imposes no
additional obligations on Agency and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend Agency as set forth here is binding
on the successors, assigns or heirs of Contractor and shall survive the termination of
this Agreement or section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity I sin addition to any other rights or remedies that the
Indemnities 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, Agency 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, Agency may release such funds if the Contractor
provides Agency with reasonable assurance of protection of the Indemnitees' interests.
Agency shall, in its sole discretion, determine whether such assurances are reasonable.
13. 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.
14. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the Agency 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 Agency 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 Agency. Contractor shall not incur or have the power to
Moorpark Redevelopment Agency Bid Package
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49
incur any debt, obligation, or liability against Agency, or bind Agency 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, Agency shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for Agency. Agency shall not be liable for
compensation or indemnification to Contractor for injury or sickness arising out of
performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of 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. The Agency, and its
Construction Manager, officers and employees, shall not be liable at law or in equity
occasioned by failure of the Contractor to comply with this Section.
16. 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 handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Contractor shall have responsibility for compliance with this Section. [Labor Code
Sec. 1735]
17. 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 Agency 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 Agency 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 Agency to any and all
remedies at law or in equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the Agency, or their designees or agents,
and no public official who exercises authority over or responsibilities with respect to the
Project during his /her tenure or for one year thereafter, shall have any interest, direct or
indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be
performed in connection with the Project performed under this Agreement.
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19. 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 Agency 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 Agency or its Area of Interest, while under contract with the
Redevelopment Agency of the City of Moorpark and for a one -year time period following
termination of this Agreement.
20. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Contractor Information
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.
21. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
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entity, the Contractor shall first notify the Agency in order that proper steps may be
taken to have the change reflected in the Contract Documents.
22. 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.
23. 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.
24. 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 Agency 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.
25. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
26. 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.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the Executive Director.
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28. TIME OF COMPLETION
Agency and Contractor agree that time is of the essence in this Agreement.
Agency and Contractor further agree that Contractor's failure to perform on or at the
times set forth in this Agreement will damage and injure Agency, but the extent of such
damage and injury is difficult or speculative to ascertain. Consequently, Agency and
Contractor agree that any failure to perform by Contractor at or within the times set forth
herein shall result in liquidated damages as defined in Article 10 for each and every day
such performance is late. Agency and Contractor agree that such sum is reasonable
and fair. Furthermore, Agency and Contractor agree that this Agreement is subject to
Government Code Section 53069.85 and that each party hereto is familiar with and
understands the obligations of said Section of the Government Code.
29. 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.
30. 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.
31. 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
Steven Kueny, City Manager
Attest:
Deborah S. Traffenstedt, City Clerk
Moorpark Redevelopment Agency
Retaining Wall —81 First Street
NAME OF CONTRACTOR HERE
Authorized Signatory
Its:
Title
Bid Package
Page 27 of 58
54
EXHIBIT A
Insurance
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds
available to Agency in excess of the limits and coverage required in this Agreement and
which is applicable to a given loss, will be available to the Agency.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than One million dollars ($1,000,000) per occurrence for all covered losses and no
less than Two million dollars ($2,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to Agency for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state - approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contract shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include
a drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to
Agency for injury to employees of contractor, subcontractors, or others involved in the
Work. The scope of coverage provided is subject to the approval of Agency following
receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and Agency agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds Agency, City, its officials, employees,
agents, using standard ISO endorsement No. CG 2010 with an edition date of
1985. Contractor also agrees to require all contractors, subcontractors, and any
one else involved in any way with the project contemplated by this Agreement to
do likewise.
2. Any waiver of subrogation express or implied on the part of the Agency to any
party involved in this Agreement or related documents applies only to the extent
of insurance proceeds actually paid. Agency, having required that it be named
as an additional insured to all insurance coverage required herein, expressly
retains the right to subrogate against any party for sums not paid by insurance.
For its part, Contractor agrees to waive subrogation rights against Agency
regardless of the applicability of any insurance proceeds, and to require all
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contractors, subcontractors, or others involved in any way with the project
contemplated by this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the Agency, or to specifically allow Contractor or
others providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and Agency that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of Agency, or to the supervisory role, if any, of Agency. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to Agency is intended to apply to the full extent of
the policies involved. Nothing referred to here or contained in any agreement
involving Agency in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the Agency, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect Agency's protection without
Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to
Agency at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, Agency has
the right, but not the duty, to obtain any insurance it deems necessary to protect
its interests under this or any other Agreement and to pay the premium. Any
premium so paid by Agency shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at Agency option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to Agency
and the appropriate tender prior to cancellation or reduction of such liability
coverage and notice of any material alteration or non - renewal of any such
coverage, and to require contractors, subcontractors, and any other party in any
way involved with the project contemplated by this Agreement to do likewise.
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9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non - contributing basis in
relation to any other insurance or self insurance available to the Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to Agency for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self- insure its obligations to Agency. If
Contractor's existing coverage includes a deductible or self- insured retention, the
deductible or self- insured retention must be declared to the Agency. At that time
the Agency 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.
13. The Agency reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the Agency will negotiate additional
compensation proportional to the increased benefit to Agency.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of Agency to inform Contractor of non - compliance with any insurance
requirement in no way imposes any additional obligations on Agency nor does it
waive any rights hereunder in this or any other regard.
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16. Contractor will renew the required coverage annually as long as Agency, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. The insurance shall include but not be
limited to products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until Agency executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the Agency, and to require
all subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all- inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by
Agency.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change Agency or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to Agency. It
is not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for
payment of premiums or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to Agency a copy of Professional
Liability coverage for Architects or Engineers on this project through Contractor.
Agency shall determine the liability limit.
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as "Contractor" a s
and hereinafter referred to as "Surety," are
firmly bound unto the Redevelopment Agency of the City of Moorpark,
principal,
held and
California,
hereinafter referred to as "Agency ", or "Obligee" in the sum of
Dollars ($ ), lawful money of
the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract with the Redevelopment Agency of the City of Moorpark, California, for
construction of a retaining wall at 81 First Street, and is required by said Agency to give
this bond in connection with the execution of said Contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform
all the covenants and obligations of said Contract to be done and performed at the time
and in the manner specified herein, then this obligation shall be null and void one year
after date of recordation of Notice of Completion by City of the completed work;
otherwise it shall be and remain in full force and effect, and Surety shall cause the
Contract to be fully performed or to pay to obligee the cost of performing said Contract
in an amount not exceeding the said sum above specified, and shall also, in case suit is
brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to
be fixed by the court.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of the
Contract release either the Contractor or the Surety; and notice of such alterations or
extensions of the Contract is hereby waived by the Surety.
WITNESS our hands this day of
Contractor
Title
Surety
Moorpark Redevelopment Agency
Retaining Wall —81 First Street
LIM
19.
Bid Package
Page 33 of 58
.1
FORM TO ACCOMPANY
BOND FOR FAITHFUL PERFORMANCE
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of , 20
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
known to be the of and the same
person whose name is subscribed to the within instrument as the of
said and the said duly
acknowledge to me that he /she subscribed the name of
thereto as surety and his /her own as
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
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61
BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter
referred to as "Contractor" as principal, and
hereinafter referred to as "Surety," are held and firmly bound unto the
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
hereinafter referred to as "City" in the sum of
Dollars ($ ), lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves, jointly and
severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract for construction of a retaining wall at 81 First Street and is required by Agency
to give this bond in connection with the execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors fails to pay for any subcontractors, materials, provisions, or its other
supplies, or items, used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, said Surety will pay
for the same in an amount not exceeding the sum specified above, and also, in case
suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in Section 3181 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated six (6) months after the date of recordation of the
Notice of Completion by the City and only with the City's written permission. However,
Bond shall not be exonerated if claims or stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the
material to be furnished, which may be made pursuant to the terms of said
Contract shall not in any way release either the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of said
Contract release either the Contractor or the Surety; and notice of such
alterations or extensions of the Contract is hereby waived by the Surety.
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62
BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this day of , 19
Contractor
In
Title
Title
Surety
:
Moorpark Redevelopment Agency Bid Package
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63
FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 1 20
undersigned, a Notary Public in and for said County and
commissioned and sworn, personally appeared,
the of and the said _
acknowledged to me that subscribed the name of
hereto as Surety and own as
State,
before me, the
residing herein, duly
known to be
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
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ME
GENERAL CONDITIONS TO THE CONTRACT FOR
CONSTRUCTION
The General Conditions may be supplemented or amended elsewhere in the Contract
Documents and other sections of the Project Manual. All provisions which are not so
amended or supplemented remain in full force and effect.
Except as hereinafter provided, the provisions of the latest edition of the
Standard Specifications for Public Works Construction (SSPWC), and all supplements
thereto, prepared and promulgated by the Greenbook Committee of Public Works
Standards Inc., formerly the Southern California Chapter of the American Public Works
Association and the Associated General Contractors of America, and the following
modifications thereto are established as the Standard Specifications for the City. They
will be referred to in the General Conditions and contract documents as the
"Greenbook ". The provisions of the Greenbook shall apply to this Project except as may
be modified by other provisions of the Agreement.
Contractor agrees that if there is a conflict between the documents, or a conflict,
repetition, or ambiguity within any of the documents, the Agency shall be the sole
person to decide which document or provision shall govern, to the interest of the
Agency.
The Agency will make the final decisions based on the recommendations of the
Agency's designated Project Representative. Jessica Sandifer, Management Analyst is
the Agency's project representative assigned to this project and will act as directed by
and under the supervision of the Redevelopment Manager.
In the attached, "Agency," and "Owner" shall refer to the Redevelopment Agency of the
City of Moorpark, Moorpark, California.
ARTICLE 1
GENERAL CONDITIONS
1.1 BASIC DEFINITIONS
1.1.1 The Contract represents the entire and integrated Agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract shall not be construed to create a contractual relationship of any
kind (1) between the Agency and a Subcontractor or supplier or (2) between any
persons or entities other than the Agency and Contractor.
1.1.2 The term "work" means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill
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the Contractor's obligations. The work may constitute the whole or part of the project.
1.1.3 The "project" is the total construction of the work performed under the Contract
Documents and may be the whole or a part which may include construction by other
Contractors and by the Agency's own forces including persons or entities under
separate contracts not administered by the Agency.
1.1.4 The "drawings" are the graphic and pictorial portions of the Contract, wherever
located and whenever issued, showing the design, location and dimensions of the work,
generally including plans, elevations, sections, details, schedules, and diagrams.
1.1.5 The "specifications" are that portion of the Contract consisting of the written
requirements for materials, equipment, construction systems, standards and
workmanship for the work, and performance of related services.
1.1.6 The Project Manual is the volume assembled for the work which includes without
limitation, the bidding requirements and documents, the proposal, sample forms, the
contract and conditions of the Contract.
1.1.6.1 The drawings, specifications, project manual, contract and all incorporations by
reference comprise the contract documents.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Agency and Contractor as
provided in the Contract.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor
has visited the site, become familiar with local conditions under which the work is to be
performed and correlated personal observations with requirements of the Contract and
agrees to all terms and conditions of the contract documents.
1.2.3 The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the work by the Contractor. THE CONTRACT
DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL
BE BINDING AS IF REQUIRED BY ALL.
1.2.4 Organization of the specifications into divisions, sections and articles, and
arrangements of drawings shall not control the Contractor in dividing the work among
Subcontractors or in establishing the extent of work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract, words which have well -known technical
or construction industry meanings are used in the Contract in accordance with such
recognized meanings.
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1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined and (2) the titles of numbered articles and identified references to
Paragraphs, Sub - paragraphs and Clauses in this document.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract frequently omits modifying words such as
"all" and "any" and articles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is not intended to affect the
interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Agency is the person or entity identified as such in the Contract and is
referred to throughout the Contract as if singular in number. The terms "Agency" and
"Owner" mean the Redevelopment Agency of the City of Moorpark, and it is the owner.
2.1.2 The Agency upon reasonable written request shall furnish to the Contractor, in
writing, information which is necessary and relevant for the Contractor to evaluate, give
notice or enforce claim rights.
2.2 INFORMATION AND SERVICES REQUIRED BY THE AGENCY
2.2.1 Information or services under the Agency's control shall be furnished by the
Agency with reasonable promptness to avoid delay in orderly progress of the work.
2.2.2 As necessary, the Agency shall forward all communications to the Contractor
through the fax and /or first class mail, personal delivery, or overnight delivery service.
2.3 AGENCY'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct work which is not in accordance with the
requirements of the Contract, in the required time frames, or persistently fails to carry
out work in accordance with the Contract, the Agency, by written order signed
personally or by an agent specifically so empowered by the Agency in writing, may
order the Contractor to stop the work, or any portion thereof, until the cause for such
order has been eliminated; however, the right of the Agency to stop the work shall not
give rise to a duty on the part of the Agency to exercise this right for the benefit of the
Contractor or any other person or entity. These remedies are supplemental to remedies
found elsewhere in the Contract.
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2.4 AGENCY'S RIGHT TO CARRY OUT THE WORK
2.4.1 Notwithstanding other remedies available to the Agency, if the Contractor defaults
or neglects to carry out the work in accordance with the Contract and fails within a ten
calendar day period after receipt of written notice from the Agency to commence and
correct such default or neglect with diligence and promptness, the Agency, at its sole
option and without obligation, may, with their own or outside forces, correct such
deficiencies. In such case an appropriate deduction shall be made by the Agency from
payments then, or thereafter, due to the Contractor for the cost of correcting such
deficiencies, including compensation for the Agency's additional services and expenses
made necessary by such default, neglect, or failure. If payments then or thereafter due
the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Agency. This remedy is cumulative. The Agency may terminate
pursuant to section 12 of the contract.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such in the Contract and is
referred to throughout this Contract as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under conditions of the Contract that are administered by the Agency, and
that are identical or substantially similar to these conditions.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.2.1 In addition to other investigations required by the contract documents, the
Contractor shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the
Contractor with the Contract before commencing activities. Errors, inconsistencies or
omissions discovered shall be reported to Agency Staff at once.
3.2.2 The Contractor shall perform the work in accordance with the Contract.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and all safety
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requirements for coordinating all portions of work under this Contract, subject to overall
coordination of the Construction, and subject to overall coordination by Agency Staff as
provided in Subparagraphs 4.2.3.
3.3.2 The Contractor shall be responsible to the Agency for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the work in
accordance with the Contract either by activities or duties of Agency Staff in the
administration of the Contract, or by tests, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the project related to the Contractor's
work in order to determine that such portions are in proper condition to receive
subsequent work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract, the Contractor shall provide and pay
for labor, materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation and other facilities and services necessary for proper
execution and completion of the work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the work.
3.5 TAXES
3.5.1 The Contractor shall pay sales, consumer, use and similar taxes for the work or
portions thereof provided by the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect.
3.6 PERMITS, FEES AND NOTICES
3.6.1 The Contractor shall secure and pay for all necessary permits required for the
proper execution and completion of the work in this contract, including a City of
Moorpark Business Registration Permit, which can be obtained from the Community
Development Department.
3.6.2 The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on performance of the
work.
3.6.3 If the Contractor performs work knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations, the Contractor shall assume full
responsibility for such work and shall bear the attributable costs to remove, correct
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and /or otherwise comply with the law.
3.7 ALLOWANCES
Not used.
3.8 CONTRACTOR'S SUPERVISION /SUPERINTENDENT
3.8.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in full time attendance at the project site during performance of
the work. They shall have extensive experience in projects similar to this one. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The Contractor shall give efficient
supervision to work, using his /her best skill and attention. He /she shall carefully study
and compare all drawings, specifications and other instructions and shall at once report
to Agency Staff any error, inconsistency or omission which he /she may discover.
3.9 CONTRACTOR'S CONSTRUCTION SCHEDULE
3.9.1 The Contractor, promptly after being awarded the Contract, shall submit
Contractor's construction schedule for the work. Such schedule shall not exceed time
limits current under the Contract, shall be revised at appropriate intervals as required by
the contract documents, conditions of the work and progress. The construction schedule
shall provide for expeditious and practicable execution of the work and shall show
procurement and submittals. See specifications for further requirements regarding
construction schedule.
3.9.2 The Contractor shall cooperate with the Agency in scheduling and performing the
Contractor's work to avoid conflict, delay in, or interference with the work of other
Contractors or the construction or operations of the Agency's own forces.
3.9.3 The Contractor shall prepare and keep current, for Agency staff approval, a
schedule of submittals which is coordinated with the Contractor's construction schedule
and allows for a reasonable time for review. Contractor shall also keep current a
Request for Information (RFI) schedule and reply record.
3.10 USE OF SITE
3.10.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, and permits and shall not unreasonably encumber the site with materials or
equipment.
3.10.2 The Contractor shall coordinate their operations with, and secure the approval of,
the Agency before using any portion of the site.
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3.11 ACCESS TO WORK
3.11.1 The Contractor shall provide the Agency access to the work in preparation and
progress wherever located.
3.12 ROYALTIES AND PATENTS
3.12.1 The Contractor shall pay all royalties and license fees, fees for use of patent
rights and shall hold the Agency harmless from the loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or
product of a particular manufacturer is required by the Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 AGENCY'S REPRESENTATIVES
4.1.1 One or more Representatives employed by the Agency may be assigned to the
work. His /her duties shall be defined by the Agency.
4.1.2 The designated Agency Project Representative or entity is identified as such in the
Contract and is referred to throughout the Contract as if singular in number. The
designated staff person will act as directed by and under the supervision of the
Redevelopment Manager, and will confer with the Redevelopment Manager and Agency
regarding its actions.
4.1.3 The Agency's Project Representative shall have full access to all operations
involving work under this Contract and shall be provided reasonable advance notice of
the time and place of operations which he /she desires to observe.
4.1.4 The Contractor shall furnish Agency reasonable facilities for obtaining such
information as may be necessary to keep them fully informed respecting progress and
manner of work and character of materials. Observation of work shall not relieve the
Contractor from any obligation to fulfill this Contract. The Executive Director shall have
authority to stop work whenever provisions of the Contract are not being complied with
and the Contractor shall instruct his /her employees accordingly.
4.1.5 Duties, responsibilities and limitations of authority of Agency's Representative as
set forth in the Contract shall not be restricted, modified or extended without written
consent of the Agency and Contractor. Consent shall not be unreasonably withheld.
4.1.6 In case of termination of employment of the designated staff person, the Agency
shall appoint a staff person whose status under the Contract shall be that of the former
staff or higher, respectively.
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4.2 ADMINISTRATION OF THE CONTRACT
4.2.1 The Agency's project representative will provide administration of the Contract as
described in the Contract under the direction of the Redevelopment Manager, and will
advise the Agency during construction, until all contractual obligations are completed
and contract performed or terminated. The Representative will advise and consult with
the Agency and will have authority as stated in the Contract, unless otherwise modified
by written instrument in accordance with other provisions of the Contract.
4.2.2 The Agency's Project Representative will determine that the work is being
performed in accordance with the requirements of the Contract, will keep the
Redevelopment Manager informed of the progress of the work, and will endeavor to
guard the Agency against defects, deficiencies in the work and slow progress.
4.2.3 The Agency's Project Representative will provide for coordination of the activities
of other Contractors and of the Agency's own forces with the work of the Contractor,
who shall cooperate with them. The Contractor shall participate with other Contractors
and the Agency in reviewing their construction schedules. The Contractor shall make
any revisions to the construction schedule deemed necessary after a joint review and as
required by the contract documents. The construction schedules, until subsequently
revised, shall constitute the schedules to be used by the Contractor, other Contractors,
and Agency.
4.2.4 The Agency's Project Representative will not have control over or charge of and
will not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work, since
these are solely the Contractor's responsibility as provided in Paragraph 3.3, and
neither will be responsible for the Contractor's failure to carry out the work in
accordance with the Contract. The Agency will not have control over or charge of or be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
4.2.5 The Contractor shall communicate directly with the Agency. Communications by
and with Subcontractor's and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the Agency's Project
Representative.
4.2.6 The Project Representative will review and certify the applications for payment by
the Contractor. Agency staff will assemble the Contractor's application for payment into
a project application and request for payment.
4.2.7 Based on the Agency's observations and evaluations of Contractor's applications
for payment, the application will be processed. Final approval for payment rests with the
Executive Director.
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ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor
to perform a portion of the work at the site. The term "Subcontractor' is referred to
throughout the Contract as if singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term "Subcontractor" does not
include other Contractors or Subcontractors of other Contractors. A Subcontractor shall
be considered an employee of the Contractor and the Contractor shall be responsible
for his /her work.
5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with
a Subcontractor to perform a portion of the work at the site. The term "Sub -
subcontractor" is referred to throughout the Contract as if singular in number and means
a Sub - subcontractor or an authorized representative of the Sub - subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 All contracts between the general Contractor and its subcontractors and suppliers
shall include a provision that the subcontractors and suppliers shall be bound to the
Contractor to the same extent that the Contractor is bound to the Agency by all terms
and provisions of the Contract, and shall incorporate the contract by reference into all
subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor
shall be as fully responsible to the Agency for acts and omissions of Subcontractor and
of persons either directly or indirectly employed by Subcontractor, as he /she is for acts
and omissions of persons directly employed by himself /herself. Nothing contained in the
Contract shall create any contractual relation between any Subcontractor and the
Agency.
5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing
for review by the Agency, the names of persons or entities including those who are to
furnish materials or equipment fabricated to a special design proposed for each
principal portion of the work.
5.2.3 The Agency's consent to or approval of any Subcontractor under this Contract
shall not in any way relieve the Contractor of his /her obligations under this Contract and
no such consent or approval shall be deemed to waive any provision of this Contract.
5.2.4 The Contractor shall not contract with a proposed person or entity to whom the
Agency has made reasonable. and timely objection. The Contractor shall not contract to
any unlicensed or uninsured Subcontractor or supplier.
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5.2.5 The Contractor shall not change a Subcontractor, person or entity previously
approved if the Agency makes reasonable objection to such change. Substitution or
addition shall be permitted only as authorized in Chapter 2 (commencing at Section
4100) Division 5, Title 1 of California Government Code.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 Each subcontract agreement shall preserve and protect the rights of the Agency,
under the Contract with respect to the work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by
this Contract, has against the Agency. Where appropriate, the Contractor shall require
each Subcontractor to enter into similar agreements with Sub - subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution
of the subcontract agreement, copies of the Contract to which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor
terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract. Subcontractors shall similarly make copies of applicable portions of
such documents available to their respective proposed Sub - subcontractors.
5.4 MUTUAL RESPONSIBILITY
5.4.1 The Contractor shall afford the Agency's own forces and other Contractors
reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Agency.
5.4.2 If part of the Contractor's work depends for proper execution or results upon
construction or operations by the Agency's own forces or other Contractors, the
Contractor shall, prior to proceeding with that portion of the work, promptly report to the
Agency apparent discrepancies or defects in such other construction that would render
it unsuitable for such proper execution and results. Failure of the Contractor to report
these discrepancies and defects shall constitute an acknowledgment that the Agency's
own forces or other Contractors' completed or partially completed construction is fit and
proper to receive :he Contractor's work.
5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the Agency
or other Contractors.
5.4.4 Claims and other disputes and matters in question between the Contractor and
other Contractors shall be subject to the applicable provisions of the Public Contract
Code.
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5.5 AGENCY'S RIGHT TO CLEAN UP
5.5.1 If a dispute arises among the Contractor, other Contractors and the Agency as to
the responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the Agency may clean up and
allocate the cost among those responsible as the Agency determines to be equitable.
r_1:AI Eli q:9.
CHANGES IN THE WORK
6.1 CHANGES
6.1.1 Changes in the work may be accomplished after execution of the Contract, and
without invalidating the Contract, by change order, construction change directive or
order for a minor change in the work, subject to the limitations stated in this Article 6
and elsewhere in the Contract.
6.1.2 A change order shall be based upon prior written agreement among the Agency,
and Contractor; a construction change directive requires prior written agreement by the
Agency and may or may not be agreed to by the Contractor; an order for a minor
change in the work may be issued by the Agency. Final approval for all change orders
rests with the Agency. The Agency's Executive Director is the final approving authority.
6.1.3 Changes in the work shall be performed under applicable provisions of the
Contract, and the Contractor shall proceed promptly, unless otherwise provided in the
change order, construction change directive or order for a minor change in the work.
6.1.4 Requests for changes and time extensions may be submitted in letter form with
detailed backup and substantiated reasons attached. All requests submitted without
detailed backup and substantiated reasons and will be returned without action.
6.2 CHANGE ORDERS
6.2.1 A change order is a written instrument prepared by the Agency and signed by the
Agency and Contractor, stating their agreement upon all of the following:
1. a subsequent change in the work;
2. the amount of the adjustment in the Contract lump sum, if any; and
3. the extent of the adjustment in the Contract time, if any.
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6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
Agency, directing a change in the work and stating a proposed basis for adjustment, if
any; in the Contract lump sum or Contract time, or both. The Agency may, by
construction change directive, without breaching the contract, order changes in the work
within the general scope of the Contract consisting of additions, deletions or other
revisions, the Contract lump sum and Contract time being adjusted accordingly, in
accordance with provisions of the contract documents.
6.3.2 A construction change directive shall be used in the absence of total agreement
on the terms of a change order or pending change order.
6.3.3 If the construction change directive provides for an adjustment to the Contract
lump sum, the adjustment shall be based on one of the following methods, and in
accordance with provisions of the contract documents:
1. Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
2. Unit prices stated in the Contract or subsequently agreed upon in writing;
3. Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
4. as provided in Subparagraph 6.3.6.
6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly
proceed with the change in the work involved and advise the Agency of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction
change directive for determining the proposed adjustment in the Contract lump sum or
Contract time.
6.3.5 A Construction change directive signed by the Contractor indicates the agreement
of the Contractor therewith, including adjustment in Contract lump sum and Contract
time or the method for determining them. Such agreement shall be executed as a
change order.
6.3.6 If the Contractor does not respond promptly or disagrees with the method for
adjustment in the Contract lump sum, the method and the adjustment shall be
determined by the Agency on the basis of reasonable expenditures and savings of
those performing the work attributable to the change, including, in case of an increase
or decrease in the Contract lump sum, the pre- determined percentage for overhead and
profit. In such case, the Contractor shall keep and present, in such form as the Agency
may prescribe, an itemized account together with appropriate supporting data. Unless
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otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6
shall be limited to the following:
1. Costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
2. Costs of materials, supplies and equipment, including cost of delivery by
supplier, whether incorporated or consumed;
3. Reasonable, competitive rental costs of equipment over $75 /day,
exclusive of hand tools and contractor owned vehicles, whether rented
from the Contractor or others;
4. Permit fees, and sales, use or similar taxes related to the work; as limited
in the conditions of the Contract.
6.3.7 Pending final determination of cost to the Agency, amounts not in dispute may be
included in applications for payment if a change order, to that effect has been signed by
the parties. The amount of credit to be allowed by the Contractor to the Agency for a
deletion or change which results in a net decrease in the Contract lump sum shall be
actual net cost as confirmed by the Agency. When both additions and credits covering
related work or substitutions are involved in a change, the allowance for overhead and
profit shall be figured on the basis of increase, if any, with respect to that change.
6.3.8 If the Agency and Contractor agree with the determination concerning the
adjustments in the Contract lump sum and Contract time, or otherwise reach agreement
upon the adjustments, such agreement shall be recorded by preparation and execution
of an appropriate change order. Change Orders do not become effective until executed
by all parties.
6.3.9 If the Agency and Contractor do not agree on adjustments to the Contract lump
sum or Contract time, then this shall be considered a dispute and shall be resolved
pursuant to the applicable provisions of the Public Contract Code.
ARTICLE 7
111111IJ114
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and /or hours, including authcrized adjustments, allotted in the Contract for substantial
completion of the work.
7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed
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issued by the Agency. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for which the Contractor is responsible.
7.1.3 The date the project is completed is the date so certified by the Agency.
7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise
specified.
7.2 PROGRESS AND COMPLETION
7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal,
the Contractor confirms that the Contract time is a reasonable period for performing the
work.
7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the
Agency in writing, prematurely commence operations on the site or elsewhere prior to
the effective date of insurance required by the Contract to be furnished by the
Contractor. The date of commencement of the work shall not be changed by the
effective date of such insurance. The date of commencement will be established by a
notice to proceed given by the Agency.
7.3 DELAYS AND EXTENSION OF TIME
7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time
extension to the contract. He /she may request an extension listing reasons for the delay
and submitting substantiating evidence. If the Agency determines the request is
reasonable, a change order may be issued for said time extension.
7.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3 and other appropriate sections of the contract documents.
ARTICLE 8
PAYMENTS AND COMPLETION
8.1 CONTRACT LUMP SUM
8.1.1 The Contract lump sum is stated in the Contract and, including authorized
adjustments, is the maximum amount payable by the Agency to the Contractor for
performance of the work under the Contract.
8.2 APPLICATIONS FOR PAYMENT
8.2.1 Contractor shall submit to the Agency an itemized application for payment for work
completed in accordance with the schedule of values, if applicable. The application will
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be supported by such data substantiating the Contractor's right to payment as the
Agency may require.
8.2.2 Amounts billed by subcontractor or supplier are not a measure of work completed.
8.2.3 The Contractor warrants that upon submittal of an application for payment all work
for which recommendation for payment has been requested shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material
suppliers, or other persons or entities making a claim by reason of having provided
labor, material or equipment relating to the work. Copies of applicable releases should
be submitted with the Contractor's invoice.
8.2.4 Payment shall be made pursuant to payment terms, payment schedule and
requirements of the Contract.
8.2.5 Application for payment shall be submitted using the Contractor's own form of
invoice.
8.2.6 Payment shall be made as a lump sum pursuant to the Contract provisions.
8.2.7 Substantial completion does not constitute approval for final payment nor final
acceptance of the work.
8.2.8 Payment requests will be rejected due to lack of, or improper releases or other
improper or incomplete documents required to be submitted with payment requests, as
determined by the Agency.
8.2.9 For all payments made under this contract, there will be no separate "Certificate
for Payment." The owner's issuance of a check constitutes a certificate of payment.
8.3 RECOMMENDATION FOR PAYMENT
8.3.1 The Contractor will assemble a project invoice by certifying the amounts due and
forwarding them to the Project Representative, along with all required releases and
certified payroll documents.
8.3.2 Within ten working days after receipt of the project application for payment, the
Agency will either issue a recommendation for payment, for such amounts as the
Agency determines is properly due, or notify the Contractor in writing of the reasons for
withholding certification in whole or in part as provided in Subparagraph 8.4.1.
8.3.3 The issuance of a recommendation for payment will constitute representations
made separately to the Agency, based on individual observations at the site and the
data comprising the application for payment submitted by the Contractor, that the work
has been completed and that, to the best of the Agency's knowledge, information and
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belief, the quality and quantity of the work conforms to the Contract. The foregoing
representations are subject to an evaluation of the work for conformance with the
Contract upon substantial completion, to results of subsequent tests and inspections, to
minor deviations from the Contract correctable prior to completion and to specific
qualifications expressed by the Agency. The issuance of a recommendation for
payment will further constitute a representation that the Contractor is entitled to
payment in the amount certified. However, the recommendation for payment will not be
a representation that the Agency has (1) made exhaustive or continuous on -site
inspections to check the quality or quantity of the work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Agency to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract lump sum.
8.4 DECISIONS TO WITHHOLD CERTIFICATION
8.4.1 The Agency may decide not to certify payment and may withhold a
recommendation for payment in whole or in part, to the extent reasonably necessary to
protect the Agency, if in the Agency's opinion the representations to the Agency
required by Subparagraph 8.3.3 cannot be made. If the Agency's Representative is
unable to certify payment in the amount of the application, the Agency will notify the
Contractor. If the Contractor and Agency cannot agree on a revised amount, the Agency
will promptly issue a recommendation for payment for the amount for which the Agency
is able to make such representations. The Agency may also decide not to certify
payment or, because of subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a recommendation for payment previously issued, to
such extent as may be necessary to protect the Agency from loss because of, but not
limited to, the following:
1. Defective work not remedied;
2. Third party claims filed or reasonable evidence indicating probable filing of
such claims;
3. Alleged failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
4. Reasonable evidence that the work cannot be completed for the unpaid
balance of the Contract lump sum;
5. Damage to the Agency or another contractor or third party allegedly by
Contractor, his /her agent or employee;
6. Reasonable evidence that the work will not be completed within the
Contract time, and that the unpaid balance would not be adequate to
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cover actual or liquidated damages for the anticipated delay,
7. Persistent failure to carry out the work in accordance with the Contract;
8. Re- testing of non - passing tests, reimbursement for inspections, overtime
and minimum times not used;
9. Alleged breach of terms and conditions of Contract Documents;
10. Disputed items and issues;
11. Liquidated damages; or
12. Payments which may be past due and payable for just claims against
Contractor or any Subcontractor for labor or materials furnished in and
about the performance of work on the project under this Contract; and /or
13. Improper, incomplete or unacceptable documents, releases or back up
materials.
8.4.2 When the above reasons for withholding certification are removed to the Agency's
satisfaction, certification will be made for amounts previously withheld.
8.4.3 The Agency may apply such withheld amount or amounts to payment of such
claims or obligations at his /her discretion. In so doing, the Agency shall be deemed the
agent of the Contractor and any payment so made by the Agency shall be considered
as a payment made under Contract by the Agency to the Contractor and the Agency
shall not be liable to the Contractor for such payments made in good faith. Such
payments may be made without prior judicial determination of claim or obligations. The
Agency will render the Contractor a proper accounting of such funds disbursed on
behalf of the Contractor.
8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT
8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall
forward to the Agency a written notice that the work is ready for final inspection and
acceptance and shall also forward to the Agency a Contractor's application for final
retention payment. When the Agency finds the work to be acceptable under the
Contract and the Contract fully performed, the Agency will promptly issue a final
recommendation for retention payment stating that to the best of their knowledge,
information and belief, and on the basis of their observations and inspections, the work
has been completed in accordance with terms and conditions of the Contract and that
the entire balance found to be due the Contractor is due and payable.
8.5.2 No final retention payment shall be paid until the Contractor submits to the Agency
(1) final certified payroll; (2) release statements or waivers of liens from all
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subcontractors indicating that they have been paid for their portion of work on this job;
and (3) a copy of the building permit showing final sign -off from the City inspector.
8.5.3 Once all documentation has been furnished, the Contractor will not receive
payment of final retention until 30 days have passed from the date the Notice of
Completion records.
ARTICLE 9
PROTECTION OF PERSONS AND PROPERTY
9.1 SAFETY PRECAUTIONS AND PROGRAMS
9.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract
including, without limitation, safety, job meetings and training. The Contractor shall
submit the Contractor's safety program to the Agency and coordinate with the safety
programs of other Contractors. Contractor will furnish minutes of all safety meetings to
the Agency.
9.1.2 In the event the Contractor encounters on the site material reasonably believed to
be asbestos or polychlorinated biphenyl (PCB), the Contractor shall immediately stop
work in the area affected and report the condition to the Agency in writing. The work in
the affected area shall not thereafter be resumed except by written agreement of the
Agency and Contractor if in fact the material is asbestos or polychlorinated biphenyl
(PCB) and has not been rendered harmless. The work in the affected area shall be
resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has
been rendered harmless, by written agreement of the Agency and Contractor.
9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop work
in the affected area and report the condition to the Agency in writing. The Agency shall
then proceed in the same manner described in Subparagraph 9.1.2.
9.2 SAFETY OF PERSONS AND PROPERTY
9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
Employees on the job and other persons who may be affected thereby;
2. The work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody or control of the
Contractor or the Contractor's Subcontractors or Sub - subcontractors;
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3. Other property at the site or adjacent thereto, such as trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction; and
4. Construction or operations by the Agency or other Contractors.
9.2.2 The Contractor, shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
9.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
9.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the work, the Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified
personnel.
9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured
under property insurance required by the Contract) to property referred to in
subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a
Sub - subcontractor, supplier, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible
under subparagraph 9.2.1. This includes damage or loss caused by unknown persons
or causes. The foregoing obligations of the Contractor are in addition to the Contractor's
obligations under the indemnity sections of the Contract.
9.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
in writing to the Agency.
9.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger safety to persons or property.
9.3 EMERGENCIES
9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3 and Article 7.
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ARTICLE 10
INSURANCE
10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for
additional insurance requirements)
10.1.1 The Contractor shall purchase from and maintain in a company or companies
"admitted" by the State of California such insurance as specified in the Special Bid
Terms and Conditions for this project as will protect the Contractor from claims which
may arise out of or result from the Contractor's operations under the Contract and for
which the Contractor may be legally liable, whether such operations be by the
Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable.
10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than
limits of liability specified in the Contract Documents or required by law, whichever
coverage is greater. Coverages must be written on an occurrence basis and shall be
maintained without interruption from date of commencement of the work until after
guarantee period expires and Agency has given written permission to cancel insurance.
10.1.3 Certificates of Insurance acceptable to the Agency shall be submitted to the
Agency prior to commencement of the work. Additional certificates evidencing
continuation of coverage after final payment shall be submitted with the final Application
for Payment as required by Subparagraph 10.1.2.
10.1.4 All certificates must be original. An original endorsement, naming the Agency as
additional insured must also be submitted before the Notice to Proceed will be issued.
10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said
insurance coverage is required in addition to all other insurance coverage required by
other provisions of the Contract Documents. Contractor to pay all deductibles.
10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a
copy of each policy that includes insurance coverages required by this Paragraph 10.1.
Each policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each policy shall contain a provision that the
policy will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner.
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Technical Specifications
For the Construction of Retaining Wall at 81 First Street, Moorpark, California
1. Construct retaining wall as per drawings dated August 9, 2010 by CVE
Engineering, Inc. As outlined on the drawings, contractor is only responsible to
construct the retaining walls on the East and West sides of the property. The north side
of the property will be constructed at a later date.
2. The City has procured the necessary permits to construct this work. Contractor
will be required to pull the permit from Building and Safety using their contractor license
number.
3. The City of Moorpark franchises its solid waste services. As such, all trash
and demolition debris must be lawfully disposed of offsite using one of the City's
two franchise waste haulers G.I. Industries (WM) or Moorpark Rubbish (Anderson
Disposal) to haul away any and all material destined for the landfill. Recyclable or
salvageable materials may be self - hauled by the contractor, in their own high -side hauling
truck or other City approved truck, to a recycle /salvage center in Ventura County. Pick -up
trucks, non - hauling specific vehicles, rented roll -offs or bins are NOT an acceptable self -
haul method. If the Contractor bids with the self -haul option, a permit must be issued by
the City and the total tonnage recycled must be submitted to the City. The City requires
recycling for the following construction and demolition debris: woods, metals, cardboard,
concrete, asphalt, dirt, mixed inerts, and mixed construction and demolition debris that
must be recycled at the Simi Valley Landfill or other pre- approved facility in Ventura
County. Source separated material will be accepted at many locations for a reduced
disposal rate. Original weigh tickets generated at the recycling facility(ies) must be
submitted to the City within 30 days of job completion. Questions about these
requirements can be directed to Jennifer Mellon, Senior Management Analyst at (805)
517 -6247.
3. Prior to commencing any demolition work, the Contractor shall contact
"Dig Alert" and all serving utilities and make all arrangements necessary to
insure that all utilities are properly located before work has begun.
4. Verify that areas to remain unaltered adjacent to areas of work are completely
secured and properly barricaded to ensure separation of such operations with anybody
other than who is authorized to be in construction area before beginning such work.
Provide barricades and maintenance thereof, in accordance with applicable Federal,
State and local codes and their respective requirements. Install temporary barricades,
enclosures and protections before construction work is started.
5. During construction, take all precautions necessary to mitigate blowing dust and
dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt
migration. This is particularly important at this site, due to it's proximity to residential
properties and the potential for blowing dust to impact these properties. Contractor must
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comply with governing regulations and County Air Pollution Control District pertaining to
environmental protection. Do not use water when it may create hazardous or
objectionable conditions such as flooding and pollution. Do not allow demolished
material to accumulate on site, have debris hauled off at regular intervals using
appropriate City franchise waste hauler. (See item 3.)
6. Perform construction exercising proper care to prevent injury to the public,
workmen_ and adjoining property. Repair or replace existing work which is damaged by
these operations. Return elements of construction and surfaces to conditions that
existed prior to the start of operations. Repair adjacent construction or surfaces soiled
or damaged by work.
7. Limit operations to the immediate property on which the work is to be performed,
do not infringe upon the adjoining roads or rights -of -way. Keep all access routes and
adjoining roads and rights -of -way clean at all times. The tracking of mud, dirt or any
other debris onto the adjacent and surrounding roads will not be permitted at any time. If
there is debris tracked onto roads, at no time will the use of water be an acceptable
clean -up method.
8. 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.
9. No blasting will be permitted and burning of rubbish at the site is not allowed.
10. Site and surrounding areas to be left clean and free of any trash or other
unsuitable materials.
11. Except as otherwise specified, in the event the contractor encounters on the
project site material reasonably believed to be Asbestos, Polychlorinated biphenyl
(PCB) or other hazardous materials, contractor shall immediately stop work in the
effected area and report the condition to the Agency's Representative in writing.
12. Submit schedule for approval by the Agency's Representative indicating
proposed methods and sequence of operations for work.
13. 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.
14. Contractor will 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 Agency. Contractor shall take
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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.
15. Contactor will be responsible to include appropriate construction site Best
Management Practices to comply with applicable storm water and urban runoff permits,
regulations, codes or laws.
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ATTACHMENT 2
RESOLUTION NO. 2010 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2010/11 BUDGET BY APPROPRIATING $23,195 FROM
THE MRA LOW /MOD INCOME HOUSING FUND (2901) TO
FULLY FUND CONSTRUCTION OF THE RETAINING WALL AT
81 FIRST STREET
WHEREAS, on June 16, 2010, the Board of Directors adopted the Budget for
Fiscal Year 2010/11; and
WHEREAS, the Redevelopment Agency of the City of Moorpark constructed a
single - family home located at 81 First Street; and
WHEREAS, construction of a retaining wall was not included as a part of this
project scope; and
WHEREAS, the Agency received bids for the construction of the retaining wall
and the low bid totaled $57,450; and
WHEREAS, the Fiscal Year 2010/11 budget included $40,000 for the
construction of the retaining wall; and
WHEREAS, a budget amendment in the amount of $23,195 representing the
difference in the budgeted amount and the actual bid amounts, plus a ten percent (10 %)
contingency is needed to fully fund this project.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $23,195 from the MRA
Low /Mod Income Housing Fund (2901), as more particularly described in Exhibit "A ",
attached hereto, is hereby approved.
SECTION 2. The Agency Secretary 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 17th day of November 2010.
Janice S. Parvin, Chair
mr *11
Resolution No. 2010 —
Page 2
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
M.
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING FUND (2901) CONSTRUCTION OF RETAINING WALL 81 1ST STREET
2010/11
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Low /Mod Income Housing Fund 2901
2901 -5500
$ 23,195.00
$ 23,195.00
$ 63,195.00
Total
$ 23,195.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901.2420.5029.9620
$ 40,000.00
$ 23,195.00
$ 63,195.00
Total
$ 40,000.00
$ 23,195.00
$ 63,195.00
Approved as to Form: 1��,
all