HomeMy WebLinkAboutAGENDA REPORT 2014 0702 CCSA REG ITEM 09CITEM 9.C.
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Landscape Manager
BY: Jessica Sandifer, Management Analys#
DATE: June 25, 2014 (CC Meeting July 2, 2014
SUBJECT: Consider Rejection of Apparent Low Bidder Malibu Pacific Tennis
Courts, Inc. and Award of Bid to Aghapy Group, Inc. for Construction
of the Park Site at 161 Second Street (Project 5081) and Resolution
Amending FY 2014/15 Budget
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On February 2, 2011, the Redevelopment Agency of the City of Moorpark approved the
acquisition of the property, at 161 Second Street for the construction of a pocket park.
Prior to acquisition, the property was partially improved with a single family dwelling.
The purchase price of the approximate 15,000 square foot property was $520,000.00,
which included escrow related costs. The cost to remove the existing structure and
relocate the tenants was approximately $50,000.00, which included the cost of a
professional service agreement to conduct the relocation. At that time, staff estimated
that the total cost to acquire the property and construct the park was $1,000,000.00,
and that funding for this work would be supplemented from the 2001 and 2006 Tax
Allocation Bond Funds.
On June 19, 2013, the City Council approved the Option "C° conceptual design plan for
the park and staff entered into Agreements with several consultants to prepare the
construction drawings and specifications for the design of the park consistent with the
Option "C" layout. The Council will recall that Option "C" was selected because it
provided the largest usable turf area.
DISCUSSION
In April 2014, staff advertised for construction bids for the park project. The bids came
back approximately $100,000 higher than the estimated construction costs, so the City
Council rejected all bids and authorized staff to re -bid the project.
We
Honorable City Council
July 2, 2014
Page 2
A notice inviting bids was published on May 27 and June 1, 2014. A mandatory job walk
was held on June 10, 2014 and was attended by 15 contractors. Six bids were received
by the due date of June 20, 2014. The results are:
Aghapy Group, Inc.
$452,000.00
ARC Construction, Inc.
$532,000.00
Ardalan Construction
$556,800.00
Joha Construction
$460,000.00
Malibu Pacific Tennis Courts
$419,419.49
Oakridge Landscape
$482,617.00
The apparent low bid was provided by Malibu Pacific Tennis Courts (Malibu). However,
staff has concluded that Malibu's bid was non-responsive to the bid documents because
they did not include a C-27 landscape subcontractor, as required by the Statement of
Bidders Qualifications and References, which the bidding contractors were required to
submit with their bids. Due to Malibu's non-responsive bid, staff is recommending
rejection of Malibu's bid and award of the Agreement to the second low bidder, Aghapy
Group, Inc. (Aghapy). Aghapy submitted a responsive bid and they have the necessary
experience and qualifications to perform the work.
FISCAL IMPACT
The preliminary budget for the design and construction of the park site was
$689,894.00. The park construction portion of this total, which excluded the costs for the
design work, playground equipment and surfacing, and streetlight undergrounding, was
estimated to be $400,000.00. Staff estimated approximately $20,000.00 for one year of
maintenance, for a total cost of approximately $420,000.00. The second low bid
submitted by Aghapy Group, Inc. is $452,000.00, which is $32,000.00 over staff's
estimate. The bid includes one year of park maintenance.
On February 1, 2012, due to actions of the State of California, the Redevelopment
Agency of the City of Moorpark was dissolved and the majority of the funding for future
projects was removed. However, ABx1 26 and AB 1484 allow Tax Allocation Bond
(TAB) proceeds to be expended according to the bond covenants. The TAB proceeds
are managed by the Successor Agency of the Redevelopment Agency of the City of
Moorpark (SARA). On March 1, 2013, and every six months since, a Recognized
Obligation Payment Schedule (ROPS) has been submitted by the SARA to the State
Department of Finance (DOF) for the design/engineering and construction of the
Second Street Park, funded through TAB proceeds. The DOF has approved the
Second Street Park project on each ROPS since March 2013, along with the total
allocation of the funding necessary to build the Park. Funding sources from the TAB
proceeds will be utilized to fully fund the construction of the Second Street Park, as well
as associated maintenance costs for one year after the completion of the park.
A
Honorable City Council
July 2, 2014
Page 3
The FY 2014-15 capital improvement budget (CIP) for the park project has a balance of
$362,822.50. Of this budget, $22,395.00 is encumbered for the remaining streetlight
work, leaving an unencumbered budget for the park construction improvements of
$340,427.50. A budget amendment of $160,000.00 from the Successor Agency RDA
2006 TAB Fund (9104) is needed to fully fund the construction of the park, which
includes a 10% contingency of $45,200.00. With this additional funding, the total
estimated CIP budget for the park project for FY 2014-15, will be $709,437.00. As
discussed during the April 16, 2014 City Council meeting, the majority of the additional
costs are primarily due to the traffic engineering study and civil engineering design of
the street improvements on Second Street, including the actual construction costs for
the island and bioswale adjacent to the park, the traffic calming bulb -outs, street
striping, and the work required to underground the utilities for the street lighting.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Reject the lowest bidder, Malibu Pacific Tennis Courts, Inc. as non-responsive
and award the bid to Aghapy Group, Inc., in the amount of $452,000.00 plus a
10% contingency of $45,200.00 for a total contract amount of $497,200.00, and
authorize the City Manager to execute the agreement, subject to final language
approval by the City Manager and the City Attorney.
2. Adopt Resolution No. 2014 -
Attachments:
1. Agreement
2. Resolution No. 2014-
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ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
AGHAPY GROUP, INC., FOR CONSTRUCTION OF THE PARK SITE AT 161
SECOND STREET (WALNUT ACRES PARK)
THIS AGREEMENT, is made and effective as of this day of
, 2014, between the City of Moorpark, a municipal corporation ("City") and
Aghapy Group, Inc., a corporation ("Contractor"). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction services related to construction of
the park site at 161 Second Street (Walnut Acres Park); 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 City Council of the City at a meeting held on the 2nd day ofJuly,
2014, authorized the City Manager to enter into this Agreement after public bidding in
accordance with California Public Contract Code Section 20160, et seq.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of 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
City does hereby retain Contractor in a contractual capacity to provide
construction services related to construction of the park site at 161 Second Street
(Walnut Acres Park), as set forth in Exhibit B: Contractor's Bid Proposal, dated June 20,
2014, which exhibit is attached hereto and incorporated herein by this reference as
though set forth in full and hereinafter referred to as the "Proposal" and as set forth in
Exhibit C, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers'
Compensation Insurance Certificate (California Labor Code 1860 and 1861); (iv)
Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and
Automobile Liability, attached hereto and incorporated herein by this reference as
though set forth in full. 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 and Exhibit
C. Contractor shall complete the tasks according to the timeframe for completion which
is also set forth in Exhibit B.
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Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total value of
four hundred fifty-two thousand dollars ($452,000) as stated in Exhibit B, plus a ten
percent (10%) contingency of forty-five thousand two hundred dollars ($45,200) for a
total contract value of four hundred ninety-seven thousand two hundred dollars
($497,200) without a written amendment to the agreement executed by both parties.
Payment by City to Contractor shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply. Contractor agrees to comply with and be bound by all the
terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing
with Section 1720) of the California Labor Code, including without limitation Labor Code
Section 1771 and (b) the rules and regulations established by the Director of Industrial
Relations implementing such statutes, as though set forth in full herein, including any
applicable amendments made thereto during the term of this Agreement. For every
subcontractor who will perform work on this project, Contractor shall be responsible for
subcontractor's compliance with (a) and (b), and Contractor shall take all necessary
actions to ensure subcontractor's compliance.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Michael M. Michael, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit 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 four hundred fifty-two thousand dollars ($452,000)
as stated in Exhibit B, plus a ten percent (10%) contingency of forty-five thousand two
hundred dollars ($45,200) for a total contract value of four hundred ninety-seven
thousand two hundred dollars ($497,200) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
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Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. Contractor shall be compensated for any additional services
in the amounts and in the manner as agreed to by City Manager and Contractor at the
time City's written authorization is given to Contractor for the performance of said
services.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the
City disputes any of Contractor's fees it shall give written notice to Contractor within
thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall
provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
6. TRENCHING
If the Project involves an estimated expenditure in excess of twenty-five
thousand dollars ($25,000) for the excavation of any trench or trenches five feet or more
in depth, the Contractor shall submit to the City Engineer in advance of excavation a
detailed plan showing the design shoring, bracing, sloping, or other provisions to be
made for worker protection from the hazard of caving ground during the excavation of
such trench of trenches. If such plan varies from the shoring system standards, the plan
shall be prepared by a registered civil or structural engineer. The City Engineer shall
have authority on behalf of the City to accept and approve the plan. Nothing in this
paragraph shall be deemed to allow the use of a shoring, sloping, or protective system
less effective than that required by the Construction Safety Orders in accordance with
California Labor Code Section 6705.
In accordance with California Public Contract Code Section 7104, if a
construction project involves digging trenches or other excavations that extend deeper
than four feet below the surface, the Contractor shall promptly, and before the following
conditions are disturbed, notify the City in writing of any (a) material that the Contractor
believes may be material that is hazardous waste, as defined in Section 25117 of the
Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with provisions of existing law; (b) subsurface or latent
physical conditions at the site differing from those indicated by information about the site
made available to bidders prior to the deadline for submitting bids; (c) unknown physical
conditions at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for
in this Agreement.
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7. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the City may proceed in the manner set forth in Section 6-4 of the
Greenbook.
8. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
9. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of five
hundred dollars ($500) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
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shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made
by the City after the above specified completion date shall not constitute a waiver of
liquidated damages by the City.
10. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City,
at the Contractor's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereunder or its failure to comply with any of its
obligations contained in this agreement, except such loss or damage which is caused by
the sole or active negligence or willful misconduct of the City. Should conflict of interest
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
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employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor's negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns, or heirs of Contractor and shall survive the termination of this
Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
12. 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.
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13. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
15. 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
Section 1735].
16. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee, or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
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material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
17. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be
performed in connection with the Project performed under this Agreement.
18. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
19. 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: Michael M. Michael, President/CEO
Aghapy Group, Inc.
10900 Hartland Street
Bakersfield, California 93312
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
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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.
20. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
21. 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.
22. 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.
23. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
24. 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.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
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26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
28. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit
B and Exhibit C attached hereto and incorporated herein by this reference as though set
forth in full. In the event of conflict, the requirements of the City's Bid Package and this
Agreement shall take precedence over those contained in the Proposal.
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.
Aghapy Group, Inc. Page 10 of 16
72
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK
la
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
Aghapy Group, Inc.
AGHAPY GROUP, INC.
in
Page 11 of 16
Michael M. Michael, President/CEO
73
EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to City in excess of the limits and coverage required in this Agreement and which is
applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
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 $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
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.
Aghapy Group, Inc. Page 12 of 16 74
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, Contractor 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. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date 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 City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
Aghapy Group, Inc. Page 13 of 16
75
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non -renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
Aghapy Group, Inc. Page 14 of 16
76
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees 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 City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
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 City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
Aghapy Group, Inc. Page 15 of 16
77
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 City.
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 charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
Aghapy Group, Inc. Page 16 of 16
78
ontJ
EXHIBIT B
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Parksite at 161 Second,
Moorpark, California
Bids to Be Received — Friday, June 20, 2014, by 10:OOAM
Street Address I09CD 5� ,
City Pe- 4 MCre1cl State C_R_ zip Code 933 2
Telephone Number C5G2') 900 — 293rD
Contractor's License No CA21 \\k\ ClassA�q Expiration Date O\ 3l 20\x'
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder
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 CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE
CONTRACT.
1. 161 Second Street Base Bid ($
2. One-year Maintenance Item
3. Removal/Replacement Masonry Wall per plans ($ Or, Doo
TOTAL BID $ 4_�_2 1000
WRITE OUT TOTAL BID ON HIT S LINE
Number of calendar days for completion: 75
0
n dS a�
79
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due DateiTime: Friday, June 20, 2014 at 10:OOAM
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with
the City of Moorpark to perform the Work as specified or indicated in said Contract Documents
entitled: Parksite at 161 Second Street, Moorpark, CA.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids, Instructions to Bidders, General Conditions, Special
Conditions, and Technical Specifications.
This Bid will remain open for the period stated in the Notice Inviting Bids. By signing this bid
proposal, the Bidder agrees to enter into a Contract within the time and in the manner as
required in the Notice Inviting Bids. Bidder understands that by submitting this bid, bidder
is agreeing to furnish the insurance certificates, endorsements, and Bonds as required
by the Contract Documents. Contractor understands that failure to provide the insurance
certificates, endorsements and bonds will cause City to terminate the bid award and
award the bid to the next lowest bidder.
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:. cA
Bid Addenda Number:
Date: [g %t2 LL}
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.
Representative)
7
c
NON -COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the A cop of A_ _GAP I(Nc • the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. All statements
contained in the bid are true. The bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive
or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I, declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on
p(" (c)SJ 2ibly% [date], at [city]',
cA- [state].
A cow \mac
Name of Bidder
Signa dder
F
I05bp N011arA
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
.11
2_
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of KCYZh1
On O(R 10 G ( 20 I H
before me,
(Here insert nifme and
��tb lti(
personally appeared M I "R,1 Mr kGiel_ ,
who proved to me on the basis of satisfactory evidence to be the personKwhose name/) is/e subscribed to
the within instrument and acknowledged to me that he/shetfKy executed the same in his r/!>,dir authorized
capacity(ie,), and that by hisAldltVir signature(w�on the instrument the personX,or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
SABRINA PRUETT x
Ul COMM. 1+1953435 ,.
WITNES an o I seal. = �� NOTARY PUBLIC • CALIFORNIA
p KERN COUNTY
My Comm. Exp. Sep. 23, 2015 ~
(Notary Seal)
hgn e of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
RP.G�aka�-cu1_
(Title or description of attached document continued)
Number of Pages Document Dateto-JA I f
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
P4
Other Uk\W
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). please check the
document carefullyfor proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e,
he/she/they,- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
82
BID BONDBond No. 3554
(in lieu of certified or cashiers check)
TO BE IXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
Aghapy Group, Inc., dba: Aghapy Indemnity Company
That we, Construction, Inc. , as Principal, and of California
as Surety, acknowledge ourselves jointly and severally bound to the City of Moorpark,
the obligee, for ten percent (10%) of the total bid, to be paid to said City if the Proposal
shall be accepted and the Principal shall fail to execute the contract tendered by the
City 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 fumishes the required bonds and evidence of insurance as provided in the contract
documents, this bond shall be extinguished and released. it is hereby agreed that bid
errors shall not constitute a defense to forfeiture.
WITNESS our hands this 10 .day of June .20-14
Aghapy Group, Inc., dba:
Contractor Aghapy Construction, Inc.
By
Title Michae chael-President
Surety Indemnity Cwwany of i "a
BY T�
Ryal S. Mantle -Attorney in Fact
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
�7
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On Q Ce I Oct 12014 before me,
(Here insert namednd title of the
personally appeared M I (')h Q,e1 M (r,JL'a + ,
who proved to me on the basis of satisfactory evidence to be the person,() whose name(t) is/are subscribed to
the within instrument and acknowledged to me that he/sge/tey executed the same in his/06r/Keir authorized
capacity(i ,and that by his/�er/t r signature,/s) on the instrument the personf a , or the entity upon behalf of
which the personvacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
1 Seal)
SABRINA PRUETT
UJ COMM. #1953435
="®P NOTARY PUBLIC • CALIFORNIA 7
p KERN COUNTY (11
My Comm. Exp. Sep. 23, 2015
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
BV ({' l.F//
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages I Document Date &/9/ I y
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryC]asses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. /n such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authori=ed capacity of the signer). please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fors (i.e.
ke/she/dwy- is /are ) or circling the correct fors. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment for.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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 (A or B with appropriate subcontractors including a C-27 subcontractor if the
Contractor does not hold that license) at the time the bid is submitted to the City, and
Bidder or listed C-27 subcontractor must have satisfactorily completed at least three
park projects in the last ten years of comparable size and scope of this project. Bidder
or listed C-27 subcontractor must also demonstrate experience with the installation of
California native plant material, but not necessarily as part of a park project. In addition
to the three projects required, list at least one project that included native plant material
installation.
Number of years engaged in business under the present business name: ( S
Please be sure to indicate whether the reference is for the prime contractor or the
subcontractor. Attach additional pages if required to show the necessary experience.
The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
Project 1 Name/ Number coq POSK kmr--Imms� S .
Project Description c v��c- V�c�cQc�s T�s�Sc� , sR�trn�.a �c�t�1►,
Approximate Construction Dates From: e)-% I t512< L1 To: 03 IOS 12Z(4
Agency Name: r7%kLk 01P Souk. GQh — Pn(KS .:8 ReCsenV�, 3�&_
Contact Person: P<sp-mS Telephone: f 326r) — S -W9 L)
Address: -��"a� �Slircl��cri1.A�r, G4ii� cPt gOi$C)
Original Contract Amount: $ kA--� , 16OD Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
ILI
AN
Project 2 Name/ Number
Project Description \y�,�C,.% c .r�S Crnc ceY� c
Approximate Construction Dates From: c To: n r 12.k / 201 O
Agency Name: aK)CA cid tkwc -,c c,
Contact Person: _X=SV3 . 9a)'Ver Telephone: (StQ)) RV - 4 c( '7_ ,
•.. -WIVAMEMEW. in SMSRVP�11 EM
Original Contract Amount: $ �2E 0Cs� Final Contract Amount: $ '=k2_i M0
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Q A
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
Of claims.
PJ
Project 3 Name/ Number Aayy� ,. Lts!4 cna�clyc . Rb"R_ AL
Project Description Cmn .ceYp�TA'C--c�nCA Ltc�t�TTee j%f,rCv, s8 Plum
Approximate Construction Dates From: To: _ l 1
Agency Name: Jccj0► J !7
of
Contact Person: 15��Sn-0Ajar) . Telephone: �� 9
Address: �'� t.1�c��yy� { cna (j�_�ic �� 9001
Original Contract Amount: $ D Final Contract Amount: $ r4 `1O1 % Oo O
11
W�Z�
M.
If final amount is different from original amount, please explain (change orders, extra work, etc.)
&e e WAN1e r
Did you file any claims against the Agency?
Circle one:
Yes
QD
Did the Agency file any claims against you?
Circle one:
Yes
No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Native Plant Installation Project
Approximate Construction Dates From: To: d0io�1(2_
Agency Name: pry Si gt1aJL
Contact Person: PnAQCIw C CLECLyea
Address: 7 -% 4-f" r�resctM—'_ c
Original Contract Amount: $4S,A9)—
Telephone:
Final Contract Amount.-
If
mount:
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes Nb
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
12
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF Ke -y- n
I am the R7P,;%c c�7
Of gha►P�1 ��•Y.�A \see
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 ..'tome- 09 , ti°I�4 at California.
California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Signatu a QJMer
cam- •_:.�.�
Signature of Bidder
Title
13
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On O 10 1161 120 G 7 before me,
(Here insert name and title of
personally appeared da,,e�r'1_1rJ 1a,1 ,
who proved to me on the basis of satisfactory evidence to be the person(
0 whose nameS,e'j isIXe subscribed to
the within instrument and acknowledged to me that he/sjk/tl4 executed the same in his/hof/j*ir authorized
capacity(i/), and that by hisllKrItKir signatur� on the instrument the person, or the entity upon behalf of
which the perso>�acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
SABRINA PRUETT
N COMM. #1953435
NOTARY PUBLIC • CALIFORNIA
p KERN COUNTY U)
MY Comm. Exp. Sep. 23, 2015
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
6 d4P5
(Title or description of attached document)
Ca�i�
(Title or description of attached document co ued)
Number of Pages _Z Document Date &/ /y
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/.hey; is /afe ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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 chemicals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti-smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time City issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, City may give notice of default to
Contractor, and at the City's option, elect any and all rights or remedies set forth in this
agreement.
Approved by Contractor:
Title
Date (3 G I CZ h(A
14
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:
By
1 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."
15
Date: a G (o 5 Li
91
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value
of the total lump sum bid amount. (NOTE: If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specialty designation
must be listed here. Failure to do so may result in the bid being disqualified.)
Subcontractor Name:
License No: e.-+ TS, 2.y
��}.�
FE l Ce Rt "-J
Classification: e 0( G
Subcontractor Address: •
29 Lkt L4 80ccdS cde, r .
Subcontractor Phone:
(6 Is) 8185 - zrul o
M 91'30I
Type of'Work:
Percent Work to
O-
-Fence,° ,
be done:
—4 1
Subcontractor Name:
License No: S_%Lj0S3
(L `r� banascape- J;:s ��6n� Q.{t
Classification: C.—`z-4
Subcontractor Address:
Subcontractor Phone:
Type of Work:
Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: on ractor Phone:
Type of Work:
Percent Work to
be done:
(attach more sheets if necessary)
of Bidder
Total Percentage z -•-41 -
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
16
I
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 37001
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding Owner ("Owner") and agrees to be bound by all the provisions thereof as though set forth in full
herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
Director of Industrial Relations for the work or craft in which the worker is employed for any public work
done under the contract by Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location
of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its
subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the Contractor and any subcontractor under him
shall comply with and be governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit
twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by
any subcontractor for each calendar day during which such worker is required or permitted to work more
than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions
of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the, payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
Signature
Printed Name
Company Am V_ -t -A Grnup Voc
17
93
June 12, 2014
CITY of MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT i 799 Moorpark Avenue, Moorpark, California 93021
Main City Phone Number (80 5) W-6200 i Fax (805) 532.2540 I mocrparkC-ci.rnoorpark.ca.us
ADDENDUM NO. 1
for
Re -bid Parksite at 161 Second Street, Moorpark, California
NOTICE IS HEREBY GIVEN to all bidders and pian holders that the plans and specifications for the above
described project are hereby amended as follows:
This addendum shall be made part of the above referenced project. Full compensation for all work. and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be allowed; therefore.
Contractor responsible for disposing of all of the existing chain link fencing material located on
at the completion of construction, including poles, pole footings - if applicable, and gates.
Work scope amended to include installation of a pinata pole consistent with the following
specifications and attached detail:
0 Basketball Pole - Steelcraft or equal, Schedule 40, 4 '/2" OD galvanized steel pole with 6'
extension
0 Pole to be set plumb in concrete footing to be 30"x 54" with 95% compacted subgrade
0 Pole to be modified by welding'a 3/8" by 6" galvanized steel loop at the top of the pole 12--
from,
2"from the front of the pole to prevent pinata rope from sliding off the back of the pole.
o Pole to be modified by welding a flag pole rope tie 48" above finished grade
o Pole location to be determined by Cit'
J)rremy LaurenI'Parks#nd RecrealPj"6n Director
Questions regarding this old 'endum may be directed to the Agency's Project. Representative. Jessica
Sandifer, 'Management Analystat (805) 517-6225 Fax (805) 532-2550 or jsandifer@moorparkca-goV
.......
PLEASE FAX OR EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT (805) 632-
2550 OR JSANDIFER@MOORPARKCA.GOV AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: _J 82M III LIII
Authorized Representative: Hip 66 tA\Cioe
Signature of Authorized
JANICE S. PARVIN ROSEANN MIKOS, Ph.D. KEITH F. MILLHOUSE DAVID POLLOCK BARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilinember
94
EXHIBIT C
CITY OF MOORPARK
Project Manual
and
Specifications
Parksite at
161 Second Street
Moorpark, California
Bid Due Date and time:
Friday, June 20, 2014 at 10:OOAM
Specification No.P&R-14-001-RB
95
TABLE OF CONTENTS
BIDDING, AGREEMENT FORMS AND BONDS:
Notice Inviting Bids
**Bid Forms:
Bid Proposal
Non -collusion Affidavit
Bid Bond
Statement of Bidders Qualifications and References
Compliance with Environmental, Health & Safety Standards
Workers' Compensation Insurance Certificate
Bidder's Statement of Subcontractors
Agreement to Comply with California Labor Law Requirements
Agreement and Bonds
Contract
Performance and Payment Bonds
Material Suppliers and Laborers
CONDITIONS OF THE CONTRACT:
General Conditions
Scope of Work
Appendix 1 — One -Year Landscape Maintenance Requirements
Appendix 2 - City of Moorpark SWPPP Form
** FORMS TO BE SUBMITTED WITH BID
2
W.
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR CONSTRUCTION OF THE
PARK SITE AT 161 SECOND STREET, MOORPARK, CA 93021
There will be a mandatory pre-bid conference and site walk held on Thursday, June
5, 2014 at 10:00 AM at 161 Second Street, Moorpark CA. 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 10:OOAM on June 20, 2014 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
Parksite at 161 Second Street
Moorpark, CA 93021
il�la��t�77�1a'�'I�l:�:�=Cr1�lA_l:�►'J_11�
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.
3
97
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 City 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 City'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
City.
BID FORMS: The bid must be accompanied by certified check, cashier's check, or
bidder's bond, made payable to the City of Moorpark for an amount no less than ten
percent (10%) of the total bid amount, as a guarantee that the bidder, if its bid is
accepted, will promptly obtain the required bonds and insurance and will prepare the
required submittal documents and execute the contract. The Bid Bonds for those bids
that were not selected will be returned to the Bidders upon award of the contract by the
City Council.
The bidder to whom award is made shall execute a written contract with the City within
fourteen (14) calendar days after notice of the award has been sent by mail to the
address given in the proposal. The contract shall be made in the form adopted by the
City and incorporated in these specifications. The bidder warrants that he/she
possesses, or has arranged through subcontracts, all capital and other equipment, labor
and materials to carry out and complete the work hereunder in compliance with all
applicable Federal, State, City, and Special District laws, ordinances, and regulations.
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 City's Project Representative:
Jessica Sandifer, Management Analyst
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
(805) 517-6225, Fax (805) 532-2550
jsandifer@moorparkca.gov
4
WKC
Instructions to Bidders (continued)
Please do not call other staff members or consultants. If a prospective bidder is in doubt
or has any questions as to the true meaning or intent of any part of the Bid package, or
discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the
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 City. 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
writing no later than 96 hours prior to the bid deadline in order to provide the City
sufficient time to evaluate the question and respond no later than 72 hours prior to the
bid deadline. Questions received after the 96 hour deadline will be deemed not
received.
All requests for information (regarding the bid) submitted in writing by the deadline will
receive a written response from the City. Telephone communications with City Staff will
not be permitted. Any oral communication shall not be binding on the City.
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, if requested, should be added as
Appendix A and are to be used only for changes to the contract.
EVALUATION OF BIDS AND AWARD: The City 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 City 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 City 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 City, and to make award to the lowest responsible bidder as the interest of
the City may require.
In addition to the information required by the bid documents, the City 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.
5
M10
--
. .. .......
PRUO-%POSAL (EXHIBIT B)
AND THE AGREEMENT
DOCUMENTS AND HAVE
BEEN REMOVED SO AS
100
BOND FOR FAITHFUL PERFORMANCE
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 City of Moorpark, California, hereinafter referred to as "City", 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 City of Moorpark, California, for construction of the park site at 161
Second Street, and is required by said City 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
, 2014.
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
34
101
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 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 the construction of the park site at 161 Second Street and is required by
City 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 one (1) year 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.
35
102
BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this day of , 2014
Contractor
Title
Title
Surety
In
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
36
103
GENERAL CONDITIONS TO THE CONTRACT FOR
CONSTRUCTION
The General Conditions may be supplemented or amended by the Special Conditions 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". These
specifications will prevail as the basic Standard Specifications for this project except as
otherwise specifically noted in the General Conditions when reference is made to the
State Standard Specifications.
Contractor agrees that if there is a conflict between the documents, or a conflict,
repetition, or ambiguity within any of the documents, the City shall be the sole person to
decide which document or provision shall govern, to the interest of the City .
The City will make the final decisions based on the recommendations of the City's
designated Project Representative. Jeremy Laurentowski, Parks and Recreation
Director is the City's project representative assigned to this project and will act as
directed by and under the supervision of the City Manager.
In the attached, "City ," and "Owner" shall refer to the City of 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 City and a Subcontractor or supplier or (2) between any persons
or entities other than the City 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
the Contractor's obligations. The work may constitute the whole or part of the project.
37
104
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 City's own forces including persons or entities under separate
contracts not administered by the City .
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 City 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.
1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are (1)
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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.
1.5 PRECEDENCE
1.5.1 Precedence shall be as outlined in the latest edition of the Standard Specifications
for Public Works Construction (The "Greenbook").
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The City 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 "City " and "Owner" mean
the City of Moorpark, and it is the owner.
2.1.2 The City 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 CITY
2.2.1 Information or services under the City 's control shall be furnished by the City with
reasonable promptness to avoid delay in orderly progress of the work.
2.2.2 As necessary, the City shall forward all communications to the Contractor through
electronic mail, fax and/or first class mail, personal delivery, or overnight delivery
service.
2.3 CITY'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 City, by written order signed personally or
by an agent specifically so empowered by the City 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 City to stop the work shall not give rise to a duty on
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the part of the City 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.
2.4 CITY'S RIGHT TO CARRY OUT THE WORK
2.4.1 Notwithstanding other remedies available to the City, 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 City to commence and
correct such default or neglect with diligence and promptness, the City, 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 City from payments then,
or thereafter, due to the Contractor for the cost of correcting such deficiencies, including
compensation for the City'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 City. This
remedy is cumulative. The City may terminate pursuant to Section 6 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 City, 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 City 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
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skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and all safety
requirements for coordinating all portions of work under this Contract, subject to overall
coordination of the Construction, and subject to overall coordination by City Staff as
provided in Subparagraphs 4.2.3.
3.3.2 The Contractor shall be responsible to the City 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 City 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 PREVAILING WAGE, PAYROLL RECORDS AND DEBARMENT
3.5.1 The Contractor is aware of the requirements of California Labor Code sections
1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8,
section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on certain "public works" and
"maintenance" projects. Since this Project involves an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem
wages at the commencement of this Agreement from the website of the Division of
Labor Statistics and Research of the Department of Industrial Relations located at
www.dir.ca.gov/dlsr/. Contractor shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to perform work on the
Project available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the Project site. Contractor shall defend,
indemnify and hold the City of Moorpark, its elected officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.5.2 The Contractor and each subcontractor shall forfeit as a penalty to the City of
Moorpark not more than fifty dollars ($50) for each calendar day, or portion thereof, for
each worker paid less than the stipulated prevailing wage rate for any work done by
him, or by any subcontract under him, in violation of the provisions of the California
Labor Code. The difference between such stipulated prevailing wage rate and the
amount paid to each worker for each calendar day or portion thereof for which each
worker was paid less than the stipulated prevailing wage rate shall be paid to each
worker by the Contractor.
3.5.3 As a further material part of this Contract, Contractor agrees to hold harmless and
indemnify the City, its Board and each member of the Board, its officers, employees and
agents from any and all claims, liability, loss, costs, damages, expenses, fines and
penalties, of whatever kind or nature, including all costs of defense and attorneys' fees,
arising from any alleged failure of Contractor or its subcontractors to comply with the
prevailing wage laws of the State of California. If the City or any of the indemnified
parties are named as a party in any dispute arising from the failure of Contractor or its
subcontractors to pay prevailing wages, Contractor agrees that the City and the other
indemnified parties may appoint their own independent counsel, and Contractor agrees
to pay all attorneys' fees and defense costs of the City and the other indemnified parties
as billed, in addition to all other damages, fines, penalties and losses incurred by the
City and the other indemnified parties as a result of the action.
3.5.4 Accurate payroll records shall be kept by the contractor and each subcontractor,
showing the name, address, social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work.
3.5.5 It shall be the responsibility of Contractor to Comply with Labor Code section 1776
as it may be amended by the Legislature from time to time with respect to each payroll
record. As of April, 2003, Labor Code section 1776 provides in relevant part.-
"(a)
art:
"(a) Each contractor and subcontractor shall keep accurate payroll records, showing the
name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811,
and 1815 for any work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be
available for inspection at all reasonable hours at the principal office of the contractor on
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the following basis:
(1) A certified copy of an employee's payroll record shall be made available for
inspection or furnished to the employee or his or her authorized representative on
request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be
made available for inspection or furnished upon request to a representative of the body
awarding the contract, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be
made available upon request by the public for inspection or for copies thereof. However,
a request by the public shall be made through either the body awarding the contract, the
Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement.
If the requested payroll records have not been provided pursuant to paragraph (2), the
requesting party shall, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through which the request
was made. The public shall not be given access to the records at the principal office of
the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement or shall contain the same information as the forms provided by
the division.
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested the records within 10 days after receipt of a
written request.
(e) Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency by the awarding body, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be
marked or obliterated to prevent disclosure of an individual's name, address, and social
security number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of
records made available for inspection by, or furnished to, a joint labor-management
committee established pursuant to the federal Labor Management Cooperation Act of
1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated
only to prevent disclosure of an individual's name and social security number. A joint
labor management committee may maintain an action in a court of competent
jurisdiction against an employer who fails to comply with Section 1774. The court may
award restitution to an employee for unpaid wages and may award the joint labor
management committee reasonable attorney's fee and costs incurred in maintaining the
action. An action under this subdivision may not be based on the employer's
misclassification of the craft of a worker on its certified payroll records. Nothing in this
subdivision limits any other available remedies for a violation of this chapter.
(f) The contractor shall inform the body awarding the contract of the location of the
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records enumerated under subdivision (a), including the street address, city and county,
and shall, within five working days, provide a notice of a change of location and
address.
(g) The contractor or subcontractor shall have ten (10) days in which to comply
subsequent to receipt of a written notice requesting the records enumerated in
subdivision (a). In the event that the contractor or subcontractor fails to comply within
the 10 -day period, he or she shall, as a penalty to the state or political subdivision on
whose behalf the contract is made or awarded, forfeit fifty dollars ($50) for each
calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Upon the request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then
due. A contractor is not subject to a penalty assessment pursuant to this section due to
the failure of a subcontractor to comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations
to effectuate this section.
(i) A certified copy of all payroll records shall be submitted to the Project Representative no
later than the tenth (10th) day of each month for the immediately preceding month. This
submission shall be a condition precedent for payment to Contractor. Failure to submit
payroll records shall be grounds of withholding payment to Contractor until such
submission is made.
3.5.6 Debarment. The Contractor or any subcontractor working under the Contractor
may not perform work on a public works project with a subcontractor who is ineligible to
perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the
California Labor Code. Any contract on a public works project entered into between the
Contractor and a debarred subcontractor is void as a matter of law. A debarred
subcontractor may not receive any public money for performing work as a subcontractor
on a public works contract. Any public money that is paid, or may have been paid to a
debarred subcontractor by the Contractor on the project shall be returned to the City.
The Contractor shall be responsible for the payment of wages to workers of a debarred
subcontractor who has been allowed to work on the project.
3.6 APPRENTICES
3.6.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and
1777.7 of the California Labor Code concerning employment of apprentices by the
Contractor or any subcontractor under him. The Contractor shall be knowledgeable of
and comply with all California Labor Code sections including 1727, 1773.5, 1775, 1777,
1777.5, 1810, 1813, 1860, including all amendments; each of these sections is
incorporated by reference into this Contract. The responsibility for compliance with
these provisions for all apprentice able occupations rests with the Contractor. Knowing
violations of Section 1777.5 will result in forfeiture not to exceed $100 for each calendar
day of non-compliance pursuant to Section 1777.7.
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3.6 TAXES
3.6.1 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.
3.7 PERMITS, FEES AND NOTICES
3.7.1 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.
3.7.2 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.
3.7.3 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
and/or otherwise comply with the law.
3.8 ALLOWANCES
Not used.
3.9 CONTRACTOR'S SUPERVISION/SUPERINTENDENT
3.9.1 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 City Staff any error, inconsistency or omission which he/she may discover.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE
3.10.1 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
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shall provide for expeditious and practicable execution of the work and shall show
procurement and submittals. See specifications for further requirements regarding
construction schedule.
3.10.2 The Contractor shall cooperate with the City 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 City's own forces.
3.10.3 Contractor shall keep current a Request for Information (RFI) schedule and reply
record.
3.11 SUBMITTALS
3.11.1 Contractor to prepare a schedule of required submittals. Coordinate preparation
and processing of submittals with performance of construction activities. Transmit each
submittal sufficiently in advance of performance of related construction activities to
allow for review(s) and to avoid delay.
3.11.2 Specific submittal requirements are described in individual specification sections
as required. Do not commence work which requires review of any submittals until in
receipt of returned submittals with appropriate final action.
3.11.3 Allow one week for initial review.
3.11.4 Clearly label each submittal for identification including number and title of
appropriate specification section, drawing number and detail references as appropriate.
3.11.5 Transmit submittal to City Project Representative via e-mail for dissemination to
appropriate design professional. In the transmittal e-mail record relevant information
and requests for detail, and record deviations from the contract documents, including
variations and limitations. Include certification from Contractor that the information
complies with Contract document requirements.
3.11.6 The Contractor shall prepare and keep current, for City staff approval, a schedule
of submittals which is coordinated with the Contractor's construction schedule and
allows for a reasonable time for review.
3.12 USE OF SITE
3.12.1 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.
3.12.2 The Contractor shall coordinate their operations with, and secure the approval of,
the City before using any portion of the site.
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3.13 ACCESS TO WORK
3.13.1 The Contractor shall provide the City access to the work in preparation and
progress wherever located.
3.14 ROYALTIES AND PATENTS
3.14.1 The Contractor shall pay all royalties and license fees, fees for use of patent
rights and shall hold the City 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 CITY'S REPRESENTATIVES
4.1.1 One or more Representatives employed by the City may be assigned to the work.
His/her duties shall be defined by the City.
4.1.2 The designated City 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 Parks
and Recreation Director, and will confer with the Director and City regarding its actions.
4.1.3 The City'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 City 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 City Manager 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 City's Representative as set
forth in the Contract shall not be restricted, modified or extended without written consent
of the City and Contractor. Consent shall not be unreasonably withheld.
4.1.6 In case of termination of employment of the designated staff person, the City 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 City's project representative will provide administration of the Contract as
described in the Contract under the direction of the Parks and recreation Director, and
will advise the City during construction, until all contractual obligations are completed
and contract performed or terminated. The Representative will advise and consult with
the City 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 City's Project Representative will determine that the work is being performed
in accordance with the requirements of the Contract, will keep the Parks and Recreation
Director informed of the progress of the work, and will endeavor to guard the City
against defects, deficiencies in the work and slow progress.
4.2.3 The City's Project Representative will provide for coordination of the activities of
other Contractors and of the City's own forces with the work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and the
City 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 City.
4.2.4 The City'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 City 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 City. Communications by and
with Subcontractor's and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the City's Project
Representative.
4.2.6 The Project Representative will review and certify the applications for payment by
the Contractor. City staff will assemble the Contractor's application for payment into a
project application and request for payment.
4.2.7 Based on the City's observations and evaluations of Contractor's applications for
payment, the application will be processed. Final approval for payment rests with the
City Manager.
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4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money, and
extension of time or other relief with respect to the terms of the Contract. The term
"claim" also includes other disputes and matters in question, between the City and
Contractor arising out of or relating to the Contract. Claims must be made by written
notice. The responsibility to substantiate claims shall rest with the party making the
claim. An unresolved claim is an unresolved dispute.
4.3.2 Time Limits on Claims. Claims by either party must be made within 14 calendar
days after occurrence of the event giving rise to such claim or within 14 days after the
claimant first recognizes the condition giving rise to the claim, whichever is later. Claims
must be made by written notice. An additional claim made after the initial claim has
been implemented by Change Order will not be considered unless submitted in a timely
manner.
4.3.3 Continuing Contract Performance. Pending final resolution of a claim, answer on
change order request, or unresolved dispute, unless otherwise agreed in writing, the
Contractor shall proceed diligently with performance of the work and contractual
obligations and the City shall continue to make agreed upon payments in accordance
with the Contract. (Also see 4.3.5)
4.3.4 Claims for Additional Cost. If the Contractor wishes to make a claim for an
increase in the contract lump sum, written notice as provided herein shall be given
before proceeding to execute the work as required. Prior notice is not required for
claims relating to an emergency endangering life or property arising under Paragraph
9.3. If the Contractor believes additional cost is involved for reasons including but not
limited to, (1) an order by the City to stop the work where the Contractor was not at
fault, (2) a written order for a minor change in the work issued by the Representative,
(3) failure of payment by the City, (4) termination of the Contract by the City, (5) or City's
suspension of work, claims shall be filed in accordance with the procedure established
herein.
4.3.5 Claims for Additional Time.
4.3.5.1 If the Contractor wishes to make a claim for an extension in time to complete the
Contract, written notice to the City, shall be given by the Contractor. The Contractor's
claim shall include an estimate of probable effect of delay on progress of the work. In
the case of a continuing delay only one claim is necessary.
4.3.5.2 If adverse weather conditions are the basis for a claim for additional time, such
claim shall be documented in writing substantiating that weather conditions were
abnormal for the period of time and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction. Payment
for general condition items, overhead, and profit shall not be made for additional time
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granted for adverse weather conditions, vandalism, casualty loss and/or material
availability. Contractor expressly waives any rights to such claims. Contractor must
have provided required erosion control and access protection as a requirement to
making claims for extension of time because of adverse weather conditions.
4.3.5.3 No claims for adverse weather conditions for weekends or holidays will be
granted unless contractor specifically requested (in writing) permission to work and was
granted such permission by the City. If rain is predicted when the request to work is
received by the City, the request to work will be rejected, unless the work is inside and
protected access is in place.
4.3.5.4 At no time shall the workload of material manufacturers be considered a reason
to claim "inability to obtain materials" for purposes of requesting a time extension.
4.3.6 Injury or Damage to Person or Property. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party
is legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding 2 days after initial
observance or notification. The notice shall provide sufficient detail to enable the other
party to investigate the matter.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The City will review claims and disputes, with the City Manager, and take one or
more of the following preliminary actions within ten days of receipt of a claim: (1)
request additional supporting data from the claimant, (2) submit a schedule to the
parties indicating when they expect to take action, (3) recommend rejecting the claim in
whole or in part, stating reasons for rejection, (4) recommend approval of the claim by
the other party or (5) suggest a compromise. The City may, but is not obligated to, notify
the surety, if any, of the nature and amount of the claim.
4.4.2 If a claim has been resolved, the City will notify the parties in writing of the
resolution.
4.4.3 An unresolved claim is an unresolved dispute.
4.4.4 If a claim has not been resolved, the party making the claim shall, within ten days
after the City's preliminary response, take one or more of the following actions: (1)
submit additional supporting data requested, (2) modify the initial claim, (3) notify the
City that the initial Claim stands, or (4) withdraw the claim.
4.4.5 Contractor, in the event of any dispute or controversy with the City over any matter
whatsoever, shall not cause any delay or cessation in or of work, but shall proceed with
the performance of the work in dispute. This includes disputed time extension requests
and prices for changes.
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4.4.6 The disputed work will be categorized as an "unresolved dispute" and payment, if
any, shall be as later determined by mutual agreement or a court of law. Contractor will
keep accurate, detailed records on all disputed work, claims and other disputed matters
and submit same to City. Public Contract Code 20104 et. seq., shall govern the claim
procedure.
4.4.7 In no event will the Contractor be allowed to reserve its rights to assert a claim for
time extension, or any other type of claim, later than as required by paragraph 4.3.2
unless the City agrees in writing to allow such reservation.
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 City 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 City 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 City.
5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing
for review by the City, the names of persons or entities including those who are to
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furnish materials or equipment fabricated to a special design proposed for each
principal portion of the work.
5.2.3 The City'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
City has made reasonable and timely objection. The Contractor shall not contract to any
unlicensed or uninsured Subcontractor or supplier.
5.2.5 The Contractor shall not change a Subcontractor, person or entity previously
approved if the City 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 City,
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 City. 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 City'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 City.
5.4.2 If part of the Contractor's work depends for proper execution or results upon
construction or operations by the City's own forces or other Contractors, the Contractor
shall, prior to proceeding with that portion of the work, promptly report to the City
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 City's own
forces or other Contractors' completed or partially completed construction is fit and
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proper to receive the 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 City 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 provisions of Paragraph 4.4.
5.5 CITY'S RIGHT TO CLEAN UP
5.5.1 If a dispute arises among the Contractor, other Contractors and the City as to the
responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the City may clean up and
allocate the cost among those responsible as the City determines to be equitable.
ARTICLE 6
Cd:T1►C��l►iia��i'L�7:1�
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 City, and
Contractor; a construction change directive requires prior written agreement by the City
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 City. Final approval for all change orders rests with the City.
The City Manager 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 will be returned without action.
6.2 CHANGE ORDERS
6.2.1 A change order is a written instrument prepared by the City and signed by the City
and Contractor, stating their agreement upon all of the following:
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1. a subsequent change in the work,-
2.
ork;
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.
6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
City, 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 City 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 City 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
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determined by the City 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 City may
prescribe, an itemized account together with appropriate supporting data. Unless
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, 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 City, 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 City 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 City. 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 City 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 City 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 provisions of Section 4.4 of these General Conditions.
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ARTICLE 7
TIME
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and/or hours, including authorized 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
issued by the City. 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 City.
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 City
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 City.
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 City 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.
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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 City to the Contractor for
performance of the work under the Contract.
8.2 APPLICATIONS FOR PAYMENT
8.2.1 Contractor shall submit to the City an itemized application for payment for work
completed in accordance with the schedule of values. The application will be supported
by such data substantiating the Contractor's right to payment as the City 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 City.
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.
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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 (10) working days after receipt of the project application for payment,
the City will either issue a recommendation for payment, for such amounts as the City
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 City, 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 City's knowledge, information and 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 City. 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 City 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 City 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 City 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 City, if
in the City's opinion the representations to the City required by Subparagraph 8.3.3
cannot be made. If the City's Representative is unable to certify payment in the amount
of the application, the City will notify the Contractor. If the Contractor and City cannot
agree on a revised amount, the City will promptly issue a recommendation for payment
for the amount for which the City is able to make such representations. The City 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 City from
loss because of, but not limited to, the following -
1 .
ollowing:
1. Defective work not remedied;
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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 City 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
cover actual or liquidated damages for the anticipated delay,-
7.
elay;
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.
sed;
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 City's
satisfaction, certification will be made for amounts previously withheld.
8.4.3 The City may apply such withheld amount or amounts to payment of such claims
or obligations at his/her discretion. In so doing, the City shall be deemed the agent of
the Contractor and any payment so made by the City shall be considered as a payment
made under Contract by the City to the Contractor and the City 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 City will render the Contractor a
proper accounting of such funds disbursed on behalf of the Contractor.
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8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT
8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall
notify the City that the work is complete and request final inspection from the building
and safety department. Contractor shall also forward to the City a Contractor's
application for final retention payment. When the City finds the work to be acceptable
under the Contract and the Contract fully performed, the City will approve the
recordation of a Notice of Completion based on the recommendation 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.
8.5.2 In addition to the above, no final retention payment shall be paid until the
Contractor submits to the City (1) final certified payroll; (2) release statements or
waivers of liens from all 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 thirty (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 City and coordinate with the safety
programs of other Contractors. Contractor will furnish minutes of all safety meetings to
the City.
9.1.2 In the event the Contractor encounters on the site material reasonably believed to
be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless
by Contractor's remediation activities as required by this Contract, the Contractor shall
immediately stop work in the area affected and report the condition to the City in writing.
The work in the affected area shall not thereafter be resumed except by written
agreement of the City 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 City and
Contractor.
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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 City in writing. The City 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:
1. 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;
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 City 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.
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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 City.
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.
9.4 PROTECTION OF WORKERS IN TRENCH EXCAVATIONS
9.4.1 If the Project involves an estimated expenditure in excess of twenty-five thousand
dollars ($25,000.00), for the excavation of any trench or trenches five feet or more in
depth, the Contractor shall submit to the City Engineer in advance of excavation a
detailed plan showing the design shoring, bracing, sloping, or other provisions to be
made for worker protection from the hazard of caving ground during the excavation of
such trench of trenches. If such plan varies from the shoring system standards, the plan
shall be prepared by a registered civil or structural engineer. The City Engineer shall
have authority on behalf of the City to accept and approve the plan. Nothing in this
paragraph shall be deemed to allow the use of a shoring, sloping, or protective system
less effective than that required by the Construction Safety Orders in accordance with
California Labor Code Section 6705.
9.4.2 In accordance with Public Contract Code Section 7104, if the Project involves
digging trenches or other excavations that extend deeper than four feet below the
surface, the Contractor shall promptly, and before the following conditions are
disturbed, notify the City in writing of any (a) material that the Contractor believes may
be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal
site in accordance with provisions of existing law; (b) subsurface or latent physical
conditions at the site differing from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; (c) unknown physical
conditions at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for
in this Agreement.
9.4 EMERGENCIES
9.4.1 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 in accordance with Exhibit A of the
Agreement documents 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 one (1)
year after notice of completion records.
10.1.3 Certificates of Insurance acceptable to the City shall be submitted to the City
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 endorsement, the form of which is specified in
the Agreement Documents, naming the City as additional insured must also be
submitted before the Notice to Proceed will be issued. City will only accept the
endorsement specified in the Agreement documents or an EXACT equivalent. If an
EXACT equivalent is proposed, Contractor should submit proposed equivalent form to
Project Representative prior to submitting bid to ensure that the equivalent form is
acceptable.
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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Scope of Work
Parksite at 161 Second Street
Moorpark, California
1. Saw cut, demolish and remove existing concrete slab, masonry wall along
property line, asphalt paving, concrete walkway and drive apron, signage, chain
link fencing, bollards and associated footings, trees, landscaping, shrubs, organic
material, large boulders, miscellaneous abandoned items, trash, debris as
indicated and as necessary.
2. Construct masonry property line wall including footings and reinforcing.
Contractor shall fully cooperate and communicate with adjacent property
owners during demolition and construction of new masonry garden wall.
Contractor shall provide temporary fencing as necessary to secure the
affected property, repair all damage made to property and return property
grades, landscaping, irrigation and site features as found prior to start of
construction.
3. Provide all survey, layout and dimensional control as required to complete entire
scope of work.
4. Perform all necessary onsite and offsite rough and fine grading including but not
limited to excavation and backfill for utilities, trench drains, storm water infiltration
and sump systems, percolation pits, footings, concrete flatwork, curbs, gutters,
drive approaches, asphalt paving and landscape features.
5. Layout, form, place, strip and finish including reinforcing all onsite and offsite
concrete curbs, gutters, mowstrips, sidewalks, catch basins, drainage channels,
masonry footings, fence footings, signage, drinking fountain bases, light pole
bases, light fixture bases, electrical equipment pads, truncated domes, irrigation
equipment pads, entry columns and monument sign footings.
6. Furnish and install all onsite and offsite asphalt paving and asphalt paving
patches, including grade preparation, redwood and or concrete headers and
mowstrips.
7. Furnish and install all stormwater infiltration, dry sump and percolations systems
complete.
8. Furnish and install all landscape irrigation systems complete including piping,
sprinklers, wiring, devices, valves, vaults and equipment.
9. Furnish and install all site plumbing complete.
10. Furnish and install drinking fountains complete including clean out and sump.
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11. Furnish and install all electrical, signal and lighting systems complete including
but not limited to conduits, meter pedestals, panels, lighting controls, light poles,
light fixtures, signal and CCN equipment and connections to SCE.
12. Coordinate, furnish and install all infrastructure, equipment, vaults, boxes,
conduit, pull strings, footings, equipment, devices, etc for underground systems
as well as for above grade systems.
13. Furnish and install all landscaping complete including but not limited to materials,
equipment, planters, plants, groundcover, turf, decomposed granite paving and
pathways, mulch, cobble, boulders and organic lock systems.
14. Furnish and install all park equipment including but not limited to BBQs, picnic
tables, benches, bike racks, trash and recycle bins.
15. Furnish and install monument sign complete.
16. Construct park entry columns including stone veneer.
17. Furnish and install all steel fencing, gates and associated hardware complete.
18. Contractor will participate in weekly meetings once construction is underway.
19. Contractor responsible for providing sanitary facilities for all workers.
20. Contractor responsible for providing landscape maintenance services for one-
year from project completion. See Appendix 1 for Landscape Maintenance
Requirements.
21. City responsible for upsizing the meter and contracting for the any work between
the meter and the main line, if required.
22. Contractor is responsible for pulling permits for this work including those
needed from the City of Moorpark Planning Department, Building and Safety
Office, and City Engineering. Project will already be plan checked. Contractor
will pull permit prior to commencement of construction.
23. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all demolition and city -sponsored projects, regardless of cost; new
construction projects valued over $500,000; or renovation projects valued over
$100,000 to divert a minimum of 65% of material generated during the project from
disposal in a landfill (through reuse or recycling). The City has created a
Construction and Demolition Materials Management Plan (C&DMMP) form to assist
applicants to meet these diversion requirements. You will be required to submit a
Diversion Security Deposit of 3% of the project valuation to the City to ensure
compliance with the ordinance. The deposit will be returned upon verification that
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you met the 65% diversion requirement. Also, a one-time fee for staff time
associated with processing your C&D plan will be charged. You have two options to
meet this requirement. You may use one of the City's franchised haulers (Waste
Management or Moorpark Rubbish Disposal, dependent upon the location of the
project) who can provide temporary bins and will dispose of your waste at a city
authorized facility. Or you may self -haul your waste to a city authorized certified
C&D processing facility. If you self- haul your waste you must use proper hauling
vehicles and bins owned by your company and those vehicles must be driven by
your employees. Please remember that because this project is a prevailing wage
project, the driver of the self -haul vehicle will need to be paid a prevailing wage rate
for driving the C&D materials to the authorized facility. You will need to submit
itemized weigh tickets from each facility documenting your C&D recycling
and disposal that indicates the weight and type of material recycled or
disposed. These weigh tickets will need to be turned in to the Solid Waste Division
and verified prior to final payment release for the job and refund of your C&D
diversion security deposit. If diversion requirements are not met, the City will retain
the deposit. Please contact the Solid Waste Division at 805-517-6257 with
questions about the C&D ordinance or about how to obtain the forms and
documentation requirements.
24. Prior to commencing any work, the Contractor shall contact "Dig Alert" to
locate any utilities that may be affected by the work.
25. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or
cutting 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
demolition work is started.
26. Contractor is responsible for provision of water to the site, whether it is through
the use of a water meter on a hydrant, a watering truck, or other method. The
City of Moorpark falls within Ventura County Waterworks District No. 1, (805)
378-3000 and water meters can be procured through them.
27. During demolition and grading activities, 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, due
to close proximity to residential homes. Contractor must comply with governing
regulations and Ventura 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 and trash to accumulate on site, have debris hauled off at regular
intervals using appropriate City franchise waste hauler. (See requirements within
item 3.)
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28. Perform work exercising proper care to prevent injury to the public, workmen and
adjoining property. Repair or replace existing work scheduled to remain, which is
damaged by these operations. Return elements of construction and surfaces to
remain to existing condition prior to start of operations. Repair adjacent
construction or surfaces soiled or damaged by work.
29. 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.
30. Due to the residential nature of the site, hours of work will be confined to 8 a.m.
to 5 p.m. Monday through Friday. Weekend work on a Saturday may be allowed
but only with written approval of the City Representative.
31. 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.
32. No blasting will be permitted and burning of rubbish at the site is not allowed.
33. Site and surrounding areas to be left clean and free of any debris or other
unsuitable materials.
34. Playground equipment and surfacing for the tot lot is to be installed by a separate
playground equipment installer. Contractor shall coordinate activities with
installer.
35. 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 affected area and report the condition to the City's Representative in
writing.
36. Submit schedule for approval by the City's Representative indicating proposed
methods and sequence of operations for work.
37. 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.
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38. 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 all vandalism to the
project site. Contractor shall be responsible for the protection of the project site
until final acceptance by the City. Graffitti will be removed by Contractor within 8
hours of discovery.
39. Storage of any materials at the project site is at the Contractor's own risk. City is
not responsible for theft or vandalism of materials stored on site. Any theft or
vandalism of construction materials stored on the project site will be replaced at
the Contractor's expense.
40. Contractor shall take all necessary precautions for the safety of workers on the
project and shall comply with all applicable federal, state, local and other safety
laws, standards, orders, rules, regulations, and building codes to prevent
accidents or injury to persons on, about, or adjacent to the premises where work
is being performed and to provide a safe and healthful place of employment.
41. It is Contractor's responsibility to comply with all applicable storm water and
urban runoff permits, regulations, codes or laws. Upon approval of the contract
and prior to the start of the job, Contractor will be responsible for filling out and
complying with the SWPCP in the form attached as Appendix 2. If there are
questions, Contractor may contact the NPDES Coordinator in the Public Works
Department at 805-517-6248
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W W- NO
• Om
ONE - YEAR
LANDSCAPE MAINTENANCE
REQUIREMENTS
136
III, '111i
ml I
CITY OF MOORPARK
SWPPP FORM FOR DEMOLITION
137
ATTACHMENT 2
RESOLUTION NO. 2014-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2014/2015 BUDGET BY APPROPRIATING $160,000 FROM
SUCCESSOR AGENCY RDA 2006 TAX ALLOCATION BOND
(TAB) FUND (9104) TO FUND THE CONSTRUCTION OF THE
PARK SITE AT 161 SECOND STREET (WALNUT ACRES PARK)
(CIP 5081)
WHEREAS, on June 18, 2014, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2014/15, which includes $238,883
appropriations for CIP 5081; and
WHEREAS, based on staff analysis of the estimated expenditures for Fiscal Year
2013/14, the adjusted budget for CIP 5081 would be approximately $549,437. The
available amount for park construction is about $340,000; and
WHEREAS, on July 2, 2014, the City Council awarded the bid for construction of
the park site at 161 Second Street (Walnut Acres Park) to Agahpy Group, Inc. for
$452,000 plus a 10% contingency of $45,200 for a total construction budget of
$497,200; and
WHEREAS, an additional appropriation of $160,000.00 from the Successor
Agency RDA 2006 TAB Fund (9104) is requested to fully fund the construction of the
park project; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $160,000.00 from the
Successor Agency RDA 2006 TAB Fund (9104) as more particularly described in
Exhibit "A", attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 2nd day of July, 2014
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
138
EXHIBIT A
BUDGET AMENDMENT FOR
Successor Agency RDA 2006 TAB Fund (9104) to fully fund the construction of the park site at 161 Second Street
(Walnut Acres Park) (CIP #5081)
2014/15
FUND ALLOCATION FROM:
Fund
Account Number Amount
Successor Agency RDA 2006 TAB Fund
9104-5500 $ 160,000.00
2800.2410.5081.9601
$
Total
$ 160,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget*
Revision Amended Budget
2800.2410.5081.9601
$
20,634.77
$
- $
20,634.77
2004.2410.5081.9613
$
5,000.00
$
- $
5,000.00
9103.2411.5081.9611
$
21932.00
$
- $
2,932.00
9103.2411.5081.9613
$
278,640.48
$
- $
278,640.48
9103.2411.5081.9631
$
81,250.00
$
- $
81,250.00
9104.2411.5081.9613
$
-
$
160,000.00 $
160,000.00
9104.2411.5081.9625
$
25,730.00
$
- $
25,730.00
9104.2411.5081.9633
$
135,250.00
$
- $
135,250.00
Total
$
549,437.25
$
- $
709,437.25
Approved as to Form: i
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