HomeMy WebLinkAboutAGENDA REPORT 2014 1119 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPA K,CALIFOR I
City Council Meeting
MOORPARK CITY COUNCIL of----41---11-----"A°14-
AGENDA REPORTCTI®N: �
,P 0 ✓3a37
TO: Honorable City CouncilBY:
FROM: Jeremy Laurentowski, Parks and Recreation Director,L
BY: Jennifer Mellon, Administrative Services Manage
DATE: November 4, 2014 (CC Meeting of 11/19/14)
SUBJECT: Consider Award of Agreement to Great Western Installations, Inc.
dba Great Western Park & Playground for Shade Structure Design
and Installation at Ruben Castro Human Services Center and
Consider Resolution Amending the Fiscal Year 2014/15 Budget to
Fund the Work from 2006 RDA-SA Tab Proceeds (9104)
BACKGROUND
On December 18, 2013, the City Council approved a second amendment to the lease
with First 5 Neighborhoods for Learning and the installation of a shade structure at the
Ruben Castro Human Services Center. The approved Amendment No. 2 to the lease
extended the term of the Agreement for five years and added a monthly repayment cost
to the lease in an amount of $260/month, which would be set aside for replacement of
shade sail fabric and any future maintenance costs associated with the supporting
structure. As stated in the staff report of December 18, the estimated cost of the shade
structure was $16,000 and staff proposed using remaining RDA 2006 Bond Funds to
construct the shade structure and would return to the Successor Agency Board to
approve the construction agreement.
DISCUSSION
On October 8, 2014, staff sent requests for proposals (RFP) to three vendors that
specialize in shade fabric for the design and construction of the shade structure; a
mandatory job walk was completed on October 14 with two potential bidders in
attendance. Bids were originally due on October 21, but the date was extended to
October 24 at the request of both potential bidders. The bid extension was due to the
fact that the bidders could not find a qualified sub-contractor that was willing to complete
the work within the time frame allotted in the RFP. On October 24, one bid was received
by Great Western Installations, Inc. dba Great Western Park & Playground in the
amount of$34,628.38; double the original estimate.
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Honorable City Council
November 19, 2014
Page 2
The cost increase over the original estimate is due to the engineering, permitting and
complexity of the installation associated with attaching the shade structure to the
existing building. Both contractors that attended the job walk stated that they had
difficulty finding a qualified sub-contractor that was willing to complete this project. It
should be noted that the sub-contractor that submitted the original proposal did not
submit a bid for this project.
Attachment 1 includes the City's preferred design of the shade structure. Staff has
discussed an alternative design with the contractor that submitted the bid that would not
include attaching the structure to the existing building. However, the cost of a free-
standing structure of comparable size would be relatively equivalent in overall costs due
to the additional posts and supporting structure that would be required. Staff also
determined costs for alternative building materials; a conservative estimate for a metal
shade structure of similar size would be approximately $70,000 and a comparable wood
structure would cost approximately $56,000 depending on the overall design. Staff
recommends the proposed design as the best alternative for the Ruben Castro Human
Services Center and to proceed with the project at the cost of $34,628.38.
FISCAL IMPACT
Staff proposes to use a portion of the remaining 2006 RDA-SA Tab Proceeds to
construct the shade structure at a cost of $34,428.38 with a $5,000 contingency for a
total of $39,428.38. The balance of 2006 RDA-SA Tab Proceeds is $1,539,215. Future
repairs/replacement of the shade fabric shall be paid for using the funds received from
First 5 Neighborhoods for Learning as part of their lease agreement.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Award Agreement to Great Western Installations, Inc. dba Great Western Park &
Playground for Shade Structure Design and Installation at the Ruben Castro
Human Services Center subject to final language approval by the City Manager
and City Attorney.
2. Adopt Resolution No. 2014-__
Attachments:
1 . Agreement
2. Resolution 2014-
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Attachment 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
GREAT WESTERN INSTALLATIONS INC. OBA GREAT WESTERN PARK &
PLAYGROUND, FOR DESIGN AND INSTALLATION OF SHADE STRUCTURE AT
RUBEN CASTRO HUMAN SERVICES CENTER
THIS AGREEMENT, is made and effective as of this day of
__________ , 2014, between the City of Moorpark, a municipal corporation
("City") and Great Western Installations dba Great Western Park & Playground, 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 design and
installation of a shade sail structure at the Ruben Castro Human Services Center
("RCHSC"); 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 19th day of
November, 2014, authorized the City Manager to enter into this Agreement.
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 and
Exhibit C, 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 design and installation of a shade sail structure at the
RCHSC, as set forth in Exhibit B: Contractor's Bid Proposal, dated October 23, 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 is the City's Bid Package attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as "Bid Package". Exhibit
Band Exhibit C, collectively, are referred to as "Scope of Services". 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 schedule of performance 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
thirty-four thousand six hundred twenty-eight dollars and thirty-eight cents ($34,628.38)
as stated in Exhibit B, 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 Debbie Bond, 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 and Exhibit C, 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 thirty-four thousand six
hundred twenty-eight dollars and thirty-eight cents ($34,628.38) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
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compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager may approve additional work not to exceed
fifteen percent (15%) of the amount of the Agreement.
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. 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
Green book.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate 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
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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.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Contractor
under the terms of this Agreement [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.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or 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.
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10. 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,
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
lndemnitee. 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 prov1s1ons
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
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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
lndemnitees 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 lndemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational 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.
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14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical 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].
15. UNDUEINFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee, or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the 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.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
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the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Great Western Park & Playground
ATTN: Debbie Bond, COO
2598 W. 5700 S.
Wellsville, Utah 84339
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
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22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. 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.
24. 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.
25. 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.
26. 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.
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27. 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.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any prov1s1on of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK
By:
~~~~~~~~~~~~
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
GREAT WESTERN INSTALLATIONS OBA
GREAT WESTERN PARK & PLAYGROUND
By:
~~~~~~~~~~~~~~~
Debbie Bond, Chief Operating Officer
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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.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, 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 2004.
Contractor also agrees to require all contractors, subcontractors, and anyone
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.
76
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
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
77
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,
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
78
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
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.
79
Exhibit B
ATTACHMENT 1
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Shade Structure Design and Installation at Ruben Castro Human Services Center
612 Spring Road, Suite 401
Moorpark, CA 93021
Bids to Be Received -October, 21, 2014, by 3:00 p.m.
CONTRACTOR
Name --.J.4.G....r....::.rg=-=fd""--......... /A..<..=k'""'--~1;,_:.ern~Pa""'-"'-r'--l=t"'--~ .......... R"-"-1/t x+--ftl(/--'-NJ_U_n--'-cl _____ _
Street Address d51(j W, 5JtrJ ~·· ·
City ----'<t-j.,<..11"""'i-"'-"L!:"""-s-~Vl"-")_/-e ____ State ur Zip Code f!t-13 3 °!
Telephone Number & j
Contractor's License No ~ C'U9"'1 IJ.c1ass ~.Expiration Date f/31 /2016'-
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder I Title'~ b&e-J!?;ln.J C()Q
PROPOSED SCHEDULE OF WORK AND PRICES
Shade Structure Design and Installation at Ruben Castro Human Services Center
~~~-----~----
__________ p~~-~ription Qty Unit Total
-·---·--·
1 I Shade Structure 1 LS $ \~~_5_1S
·-····-------
2 Engineering/Permitting 1 LS $ __ 1_)_2 03
3 Installation 1 LS ~ \t'O.~~o .. -----·-
Total Amount of Bid$ ~'1.1.o 1...'t>. ~<Q
'<ff! Number of calendar days for completion: I(} U (total days including lead
times for design/engineering, product ordering and installation scheduling)
-------------·········-···-··· ·-----·-·············-·······-----··-----·····--··-·-·---
JAi'\ICE S PARVIN
i\-Liyor
IWSIANN lv!IKOS, l'h.D.
C:ouncilrnemher
b:U n1 r. MILLHOUSL
C:ouncilmcmbcr
DAVID POL.LOCK
Council1m·mhrr
MARK \'AN ll;\ ~1
Councilmcmkr
80
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: October. 21, 2014 by 3:00 p.m.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the
City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled
Shade Structure Design and Installation at Ruben Castro Human Services Center.
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations,
those in the Informal Bid Proposal, Project Plans and Specifications.
This Bid will remain open for a 90-day period. By signing this bid proposal, the Bidder agrees to enter
into a Contract within the time and in the manner as required in the Bid documents. Bidder
understands that by submitting this bid, bidder is agreeing to furnish the insurance certificates,
endorsements, and bonds as required by the Contract Documents. Contractor understands that
failure to provide the insurance certificates, endorsements and bonds will cause Bidder to
forfeit the bid bond and City will terminate the bid award and award the bid to the next lowest
responsible 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: Date: ______ _
Bid Addenda Number: Date: ______ _
Bidder has familiarized themselves with the nature and extent of the Contract Documents; the Work;
the site together with the surrounding environment and locality; the legal requirements involved
(including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.); and,
the conditions affecting costs, progress or performance of the Work. Bidder has made such
independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the Contract
Documents within the Contract Time stipulated within the Contract Documents, and to accept in full
payment therefore the Contract Price named in the aforementioned Bid Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of the
person duly authorized to sign for the Contractor.
Bidder (1[J!df~derh :art <;! ?lafJ_rou11cl
By: ~~llU&d#rzd.
(Signature -Authorized Representative)
Title:_.;,.4-()_{)_0 ___ Dated:_/~O l~2_'j /_2_() / ____ t-j __
81
NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the (7{){) of Orekf--/1.ks-krn ldrt: i /JaygrourJthe 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
tJcfa/J1vz 2'2> , 2?1/'i [date], at
I
this declaration is executed on to11a n [city], !)T [state].
)
Name of Bidder Name of Bidder
\ _ Lt!ilL.t i<~zzk~e
Signature of Bidder Signature of Bidder
/) 0-fi~· tV · ~;-71."JO S. [Vtl4t1 /le, JI/ t:f1/3?/J
Address of Bidder '
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
82
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 at
the time the bid is submitted to the City, and must have satisfactorily completed at least three
Southern California projects in the last five years of comparable size to the scope of this
project.
Number of years engaged in providing the work included within the scope of the specifications
under the present business name: \'6 ~-re;. .
List and describe fully the last three contracts performed by your firm which demonstrate your
ability to complete the work included within the scope of the specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name: C\\j ~ fil\t.ex;f\ e.\d
Contact Individual: D'\\'rn ~d°' k
Address:
r~x \(.s ~ \2u, '< fA. t i 0 tv
Phone No. \olc\-~'fl.-(o1 . .'?'l.
Contract Amount: _g:~\C:0==-'1'~--------Year: j..o\it
Description of work done:
\>'fo'-1\cki. ~ 1h~-\V'.\\ '?lO\je'.)rovnd Equj\'yr.:e,nt fPt VJ\\olR,yY\&fS.
Reference No. 2
Customer Name: Cit'-! of f;l!rnar~ \)G\(k-c, ~ ~X-e.at i o V\.-
Contact Individual: AbY\ikf<Lu.w·dOY\:a--Phone No. "Cos· t?\'-!-\GOO ~ 2l b
Address:
Contract Amount: $'1ook: Year: ~'2~0..L\?:i:.t....._ ___ _
Description of work done:
\)ro V\Gl.Q, <ti Iw;tg \\ Pl(j\8@Yo1J ro\ Eq vi ~JN.x'\t at :r\No '\2.\\/\1.rS
"\>&\(\(. i V"\ f \\\ fr\O 'H11 t.8 ·
83
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF _ _.......Vf,"'"'--:1\JTIJ-+-l-H--'./1'-'-;4-_-____ _
I am the 0 ·) -----..-=-i..-----------------::------~--~
_____________ Of &a+ 11/tskrn !krK i. Pl1._yg1ounr/
__ , 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 ---(~d{~aof+>··~J) z,....,/~1-+i---at __ ___,'\""'l,?tv"'-"'-+'M-'-·'l!.._-4-~----' California. tt; r (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Title
Signature of Bidder
Cf?O
Title
84
COMPLIANCE WITH ENVIRONMENTAL, HEAL TH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of California
to cause concern, birth defects or other reproductive harm into water or onto land where such
chemical passes or, in all probability, will pass into any source of drinking water.
Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to
comply with all provisions of the Act relating to the discharge of hazardous chemicals on the
job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not
discharge such chemicals on the job site which will result in the discharge of such chemicals,
and shall, upon completion of performance of all other duties under this contract, remove all
supplies, materials and waste remaining on the job site which if exposed, could result in the
discharge of such chemicals. Contractor shall be financially responsible for compliance with
Proposition 65.
Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit
smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time City issues and Contractor receives a written notice of
noncompliance or within the time of an abatement period specified by any government agency,
whichever period is shorter, City may give notice of default to Contractor, and at the City's
option, elect any and all rights or remedies set forth in this agreement.
Approved by Contractor: Gr-1a:f Ms km fart: ~! ?/#.-i,jJiJUJJcf_
Title: ClJO
Date: JO/z~/ 20/Lj
85
WORKERS' COMPENSATION INSURANCE CERTIFICATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works
contract is awarded to sign and file with the awarding body the following statement:
"I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
By~)1_1~'/f;,~fu.q,...<.·____,___,fu~v~l ________ _
Title: ~~~Z"-"-2 ____ ··-·-··--
86
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, ·1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner
(''Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 177 4 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial
Relations for the work or craft in which the worker is employed for any public work done under the contract by
Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records
available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records.
Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the
employment of apprentices on public works projects, and further agrees that Contractor is responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen
employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part
7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3
of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure
the payment of compensation to its employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for 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 J1bJ:Jtt Jkzd
Printed Name D-e bh1{ f)pnJ
company fiirta:l Wtsftm .fkd t/ g__a_,f #/1Jun d
Title Ct?o . _
Date
87
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 1 . (NOTE: If bidding contractor does not have the appropriate specialty designations as
required by these bid documents, than a subcontractor witt1 the approptiate specialty designation must be listed here. Failure
to do so may result in the bid being disqualified.)
1-Subcontractor Name: ------------
' C£,vrtv-0i \ GxAst '?\(/\~~ x-00~
~---------------··--······-···-··-·-···
License No:
. ··------····--. ' -··--·--
Classification-
Subcontractor Address: Subcontractor Phone:
i( .. o .. ~1 21\1 0 Y'C\Jtt, CA 4~4i;1 ~os-'Bl0-°l'?O°I 1
··--· ···-----·--·-·-···--· ---·-· PercentVVork~ Type of Work:
:t\'\S~ \\ct-t f c; YI o~ c;""'~ S: tY v Ct V V""e, be done:
L-\S. ?,~o;.
I ----·-
Subcontractor Name: License No:
••• Classification:
Subcontractor Address: Subcontractor Phone:
---------·······-····-······-···········-···········---·-·
Type of Work: Percent VVork-~
be done:
·------·-·-
Subcontractor Name: License No:
Classification:
···---·--····-·····--·· ···-·-··---···----·---·-
Subcontractor Address: Subcontractor Phone:
···-·········--···-.. ··--·-··--···-··~--·---··-··
,, __ ,,,
Type of Work: Percent vvork to
be done:
-· ····---· ·--·---·----·-··---...... --·--···------.. --------------·---·----
(attach more sheets 1f necessary)
Total Percentage 2 ______ _
Signature(s} of Bidder oldv /i·/
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
88
Bond No. ~1~02=3~2~0~1~4 ____ _
BID BOND
The American Institute of Architects,
AIA Document No. A3 IO (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Great Western Park & Playground, Inc.
as Principa 1 hereinafter called the Principal, and ~O~l=d ~R=e~p=ub=l=ic~S~u~re~t~v~C~o~rn~p_a~n~y ______________ _
a corporation duly organized under the laws of the state of Wisconsin as Surety, hereinafter called the Surety,
are held and fim1ly bound unto _C=ity,_o"'-f'-'M-'-=oo::<!r-"p""a.:..:.rk!l.,..==C:.:..A.:..._ _______________________ _
as Obligee, hereinafter called the Obligee, in the sum of
10% of Thirty-four thousand Six hundred twenty-nine dollars.
Dollars ($ 34 629.00 ), for the payment of which sum well and tmly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly
by these presents.
WHEREAS, the Principal has submitted a bid for providing and installing a custom shade structure at the Rueben
Castro Human Service Center.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surely for lhe faithful perfonnance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the iliilure of the
Principal to enter such Contract and give such bond or bonds, if the P1incipal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligec may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 23 day of October 2014
Great Western Park & Playground, Inc.
Witness (Seal)
VP
Nameffitle
ORSC 21328 (5/97)
89
)'<* ** * * ; ()lJ) REPlJBl_,l(: SUiH/l'\'COMl'r\NY
·k *--~-------.-~--~~----~·-·--~-·-·-·., . .;. ______ ....:.._.,_._,,._, . --·-----··---·-·----··-··--······-·"-""""""-·'""
·k.* * POWER OF ATTORNEY
KNOW ALL MEN BY Tl IESE PflE~>LhlTS: That OLD REPUBLIC fHJRETY COMPANY. a Wisconsin stock insurance corporation,
doe'.; make, crmstitute ancl appoint:
,JIM FLEMING I TRACY L. HOTH' MATT ROBBINS I OF LOGAN I UT
i~:~ trH0 ~1.rd t~\."-·id /•.'i!•_·>?nG/(S)-tt i-Fa~;!, 1.:r~i;' f:J'I .p<'N:~~: :Jf,1~.l u;.ithc.r~y, 11ot e~~l:..:.C}·Jilig·~;HJ.C(DJXX), for n;x.l on Vt.~~1[ of th;; CGniqany <:1~' ~·umly, !c i:~xc."'C.ute.£;'1Xi (J0JivE;:
tu xi ~lf1~: tho ::e:·al oi :h~ (:i;.\Tip:-71"'f/ U ir:.:mih {if ;i se;1J i~; HK~Uii·ed): tx)f)~.5. urid(~ftt?kir~1s, r~o..1gni/:an::.e3 ~l'. 0~l.'1f'!: ,;vriftt!n obf.Q~i\k;rls.in the r ~ti.tre ttY:~n..l(>f, {(Jl~1i:;r 11~1 :~: i 1::·i;:
:~.1Y\i:s. o,c:v-;;{.:.t..1~;y:1~.,;.--; t:::zvt~>. n;.yt~1<:""'.-;J8 :)<:-;L:~~~r:·.:y L'<.:nrls .. 1:iprtq;jq<:? (!1.Jl!cli.1JV fXl~ . .:'.;, ~}U3~~~n1€:-t;:S Qf ~r~~\t:1Hrnc_;1t PDPfY nnd r¥;!f; q1,_J[.U'!)f.1ly txx:(~S, ~-~ ... -.a~n1!;ttrc1n~:r·
:~-;,-;':;'~:~ ~~~~~-r::·:'.;~~,,~~'L;1~:,,::::."''"'-''V'f ;r 'ii L/;'.''nrx:I Di l :c')flf:f;;'s: ;;:;1,;2~.:.:;;. ;J!xM•1v;.r:I o:::rnrzctl:ort;. '{!i!Ste rn:'irl'~'.P•<ffr' b:oiiJ';, i1<11nrdous Wi:>Sk!t('r111;cJc'JfiU1 t;o,:;-, :co
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
FIVE HUNDRED THOUSAND DOLLARS($500,000)--..,---------.,------FOR ANY SINGLE
OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to blnd OLD REPUBLIC SURETY CmAPANY thereby, and all of tile acts of said Attorne}is-:in-Fact, pursuant to these presents, are
rati11ed .and confirmed. This document ts hot valid 1.mless printed on colored background and 1s mu!ti•colored, This appointment is made
under and by autllcrity of the boarcf ot directors at a sp~dal meeti!l9 held on 'February 18, 1982. This Power of Attorney is signed an<! sealed
by tac.simile under and by the authority of the t0Uow1ng resolutions adoplcd by lhe board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982. ·
RESOL\/Eb thal, the prcsidenl, <'my 'lice-presid•int, or assistant vice preside1it in conjunction with the .secretary or any a<;sistant
secretary. may appoint attorneys--incfact oi agents with autt1ority as defined or limited in the instrument evidencing the appGintment
in uach case, for and cin \)eilalf of the company to execute and deliver and affix the sen! of the company to bonds, undertakings; recog-
11iza1ices, and suretyship obligations oi ail kinds; and said c;fficers may remove any such attorney-In-tact or agent and rnvol~e any
Power of Attorney previously 9rantecJ to such person.
RESOLVED FLJmHEFl, ttk'it any bond, undertaking. 1oco,.11il.ancc, or surelyship obfl{Ja1,ion shall be valid and l~ndihg upon the Company
(i) when slgtYX1 by tho presid~t, <M1y v'.ce pr€-sidcnt or ::issisttmt victi pre~iiclent, and iittested and sealed (ii a seal be reql!ired) by any secretary or as.sist:int
si:?Cretary; or . ..
{Ii) when signed by the pmsident any vice pl'l~sldent or assistant vir::o pi;;sklent, !Y.:·cretruy or nsslstant &')(;retary, .and eotrntersign('{l and sea!ed (if a seal
be 1equired) by a duly authoriied attomey-ffi-t.Jct or agent; or . . .
(iii) when duty executed arid sealed (i: a seal be riiquired} by one or more attLirneys-in~fact or agents pursuant to and withlo the limits of the ar.rthority
evidei'!Ge<J by the Power of Attorney isstied by Vie company' to .cuch person or !J'.)rsons. ·
RESOLVED FUR1l-IER,tl1attl 1e signatui'r" of any authOrizect officer and the seal of ihe company rnay be affixed by facsimile to any Power of Atl(lmey u
cert.ification there<:lf aulh01izir)\:.1 tl:;e execulion and l'..leliveyof any bond, La;di?iial<ing, ra::ogr~.zar!Ce; or oti'ler suretyship obligaticxis of 11-e ccnipany; arr.:l su:1 1
signature and seal when so used shall have the same forr::e <ind elfect as.though manually affixe<i.
IN WITNESS WHEREOF, OLD !iEPUBUC SUFlETY COMPANY has caused .these presents to be signed by it5 proper officer, and its
corporoto seal to txi affo:eci this 18TH day of SEPTEMBER, 2009.
--.. ·~·~~ ... -=~~=~: _______ _ -f---Assic.t:ml Secr~t:uy --·
STATE. OF WISCONSIN, COUNTY OF WAUl\f:'.SHA -SS
On this 18TH day of SEPTEMI3ER, 2009 , personally came llefore rne, ___ GERALD C. LEAG!:L ___ ·-··-
ancJ J:l.LCJi../\,_J.9J:Jl:L$_QH to me known to be the individuals and officer~> of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument. and they each acknowled9ed the execution of the sarne, and being by' me duly sworn, did severally depose and say;
that they are said officers of 1he corporation aforesaid; and that the seal affixed to the above instrument is the seal.of the corporation,
and tl;at said corporate seal ancJ their signatures as sucl1 officers were duly affixed and subscribed to the said instrument by the authority of
the board ot directors of said corporation. /-1 / . , a,., //:/· /~~<~,~;~~,~:,+~\. -·/UUA47u _____ ~ ___ C_. __ .):,~""~;r-<,:z:,o
Notary P11blic {.,./ \\~~~;~~~:;'.'.::~:/ My commission expires: 12 / 0 2 / 2 0 12
CERTlf:ICATE
I, tile undersigned, ass1~;tant secretary of the OLD F:EPLJBLIC SURETY COMP,4.NY, a Wisconsin corporation. CERTIFY that the
foregoing and attac1·1e,j Power of At1orney r<nnains in full force and his not been revoked; and furthPrmore, that the Resolutioris ot the board of
directors set forth in \lie Power of /.\ttomey, me now in force.
48-5316 . $'~~~'.:~"~',':;;~·;~':\ SiDned and sealed '1l the Cily of Hrookfield. Wl this -----·---_day oi ----------------------·-{~r,s';~!i: -}) Q~~~ r (JL~p~<--1
QUALITY lST'°\.:INS. ,.A~.GENCY I INC. --1'/ -----------------·----··----~
'1•111 "11'"'~'\"'" · As~isttHlt Secretar1 (/
p;s:·r?if~1"VGYo't0i1lJ]'.i:::h~Ji·:rr:g~i'Vffe~{.::i'<1Hj:f;1~l11Iw~i::1K,W,'"1aT;:W·~Jt"f7..Zl!J:N'n:J~iillm'i'.3:!E7~!l-~'" c'i""· " • • · • • • . -~'TI;"f~!ii"'l tt£~$Jh~~®~-J.E~=.tk.1i!:t~£.~~Th't+.~~Mffi.l2!'!:.f!G:ITt1Ufff.;_~bs.Z~~Jl3Il1flu~i!J].~~:ooliJ_~~"" .. , w • I 0 l -t -,V_l!~~&liB
90
~ .,. ti w.1~~. uf«m ~' m.num --r'l"l""
1 ylcr Kyriapaulas Kiifsia Wilikes
tvlr.r'!~gwpark.carn Kelsin'.tl!iwp;;rx.r.Tim
i'vloorpark City
Attn: Jeremy Laurentowski
799 Moorpark A vc.
Moo1vark, CA 93021
Phone: 805-517-6385
j laurentowski@rnoorparkea.gov
SHADE
ENG
INSTALL
BOND
Ruben Castro Shade Structure
Custom Canopies - 3 Triangle Sails Shade,
Dclivered-
Approx Size 36x32x32
3 Posts (12', 14', 14' above grade)
4 wall mount plates (Wall plates should be
placed minimum 16' -18' high to assure proper
slope for runoft)
Includes rcbar footing cages and CA Fire
Marshal fabric
Custom Canopies -Engineering &
Calculations
Custom Canopies -Installation of shade. Price
includes 3 footings through concrete.~
fastening points to existing buildings. Price
assumes poor access. Price does not include
any structural modifications to existing
building.
Custom Canopies -Payment & Performance
Bond
Shipping to Moorpark, CA 93021.
Installation at Prevailing Wages.
Payment Optio115
Cash or Check Orders -Pleas~ make check out to Great Western Park & Playground, Inc.
Credit Cant Orders -Visa or Maskrcard.
51J'Yc, Down -50% down payment with order and remaining 50%, payment heforc shipment
QIJOTE
#770.12
l 0/23/2014
Project#: P60545
Ship To Zip: 93021
$13,000.00
$1,205.00
$18,350.00
$1,008.00
Sub Total:
Tax:
Total Amount:
$13,000.00
$1,205.00
$18,350.00
$1,008.00
$33,563.00
$1,065.38
$34,628.38
Credit Terms -C'n;dit npplicntion required with onler. Terms negotiated prior to order placement. Down payment may still be required.
***Note: If you arc issuing a P.O. please make it payable to Great Western Park & Playground, Inc.**
Pagel of3
91
Ruben Castro Shade Structure
QUOTE
#77012
I 0/23/2014
This quotation is subject to policies in the current product catalogs used to develop this quote and the following ~erms an~ con~itions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are su~Ject to pnce adjustment.
Purchases in excess of$1,000.00 to be supported by your written purchase order made out to Great Western. Kmdly issue one order for the
equipment and a separate order for surfacing and/or equipment installation services.
!'.-icing: f.o.b. factory, firm for IO days from date of quotation.
Payment tenns: payment in full, net 30 days subject to approval by Great Western. A 1.5% per month finance charge will be imposed on all past
due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project
completion. Retainage not accepted.
Shipment: order shall ship within 30-45 days after Great Westem's receipt and acceptance of your purchase order, unless confirmed otherwise,
color selections, approved submittals, and receipt of deposit, if required. Receipt of goods: Customer shall receive, unload and inspect goods
upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment. Damaged goods and/or
shortages must be reported within 30 days of receipt of shipment in order to receive full credit. Please Inspect and Inventory all items
received and list all damaged and missing goods on the bill of lading provided by the freight driver. Credit will not be given on items
reported outside t.he 30 day time period.
Freight charges: Prepaid and added at time of invoicing.
Taxes: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of
equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage
provisions. Unless specifically included, this quotation also excludes drawings and permits. This quotation also excludes impact testing and
independent audits unless specifically included.
Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our
quotation and the project design, the differences do not materially affect the intended use. Great Western designs and specifications are unique
and not intended to be identical in all respects to other manufacturers. When requested we shall submit for review and approval by the owner's
representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved,
these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements.
To order: Please complete the acceptance portion of this quotation and provide color selections, purchase order copy and other key information
requested.
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Order Information:
Bill To:------------------Ship To: ____________ _
Company: ___________________ _ Project Name:-----------
Attn: _______________________ _ Attn:-------------
Address:--------------------Address:
City, State, Zip: City, State, Zip: -----------
Contact:----------------------Contact: -------------
Tel:---------------------Tel:
Fax: _____________________ _ Fax:
Salesman's Signature ____________ _ Customer's Signature __________ _
Page 2 of 3
92
Ruben Castro Shade Structure
Order cannot be processed without colors. Please list your colors choices in the spaces proYided below.
ltem #1 Name ___________ Color Choice __________ _
ltem #2 Name ___________ Color Choice __________ _
ltem #3 Name ___________ Color Choice __________ _
Item #4 Namc ___________ Color Choice __________ _
ltem #5 Name Color Choice ---------------------~
Page 3 of3
QUOTE
#77012
10/23/2014
93
94
1
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\ j
y
� } �
, �\ »
95
I Exhibit C
CITY OF MOORPARK
PARKS, RECREATION & COMMUNITY SERVICES DEPT. J 799 Moorpark Avenue, Moorpark, CA 930=
Main City Phone Number (805) 517-6200 I Fax (805) 532-2550 I moorpark@moorparkcagov
October 7, 2014
RE: Construction of Shade Structure at the Ruben Castro Human Service Center (RCHSC)
Site Walk: Tuesday, October 14, 2014, at 10:00 a.m. at the project site location:
612 Spring Road, Suite 401, Moorpark, CA 93021
Proposals due by: October 21, 2014 by 3:00 p.m.
PROPOSAL
Contractor to:
Prepare turnkey project for design, fabrication, and installation of an exterior shade
structure to be constructed over an outdoor play area. The shade structure should be
constructed with appropriate steel poles and outdoor shade cloth fabric and should be
designed according to 2013 CBC specifications, where applicable. Shade Cloth Fabric must
carry a minimum 10-year warranty against failure from significant fading, discoloration,
deterioration, breakdown, mildew, outdoor heat, or cold. Contractor shall provide to City all
warranty information for cables, fasteners, posts, powder coating, etc. upon completion of the
installation. Contractor is responsible for design and engineering of the structure and for
obtaining approval of the design and engineering plans from the City of Moorpark Community
Development Department and Building and Safety Department. Permits and plan review will
be "no fee" to the selected Contractor.
Contractor responsibilities:
**THIS IS A PREVAILING WAGE PROJECT AND ALL PROPOSALS SHOULD BE BID AS
SUCH. CONTRACTOR IS REQUIRED TO SUBMIT CERTIFIED PAYROLL AND COMPLY
WITH ALL APPRENTICESHIP REQUIREMENTS AS OUTLINED IN LABOR CODE
SECTIONS 1720 et seq. and 1770 et seq. and 1777 et seq. ANY VIOLATIONS OF LC
SECTION 1770 WILL FORFEIT A $50/DAY/WORKER FINE FOR ALL WORKER'S PAID
LESS THAN THE PREVAILING WAGE RATE.**
1. Each bid must be submitted on the Bid Forms provided. All required areas 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 as not accepted.
2. 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 of no less than ten percent (10%)
JANICE S PARVIN
Mayor
ROSEANN MIKOS, Ph.D.
Cnuncilmember
KEITH F MILLHOUSE
Cnuncilmember
DAVID POLLOCK
Cnuncilmember
MARK VANDAM
Councilmember
96
Informal Bid -RCHSC Shade Structure
October 2014
Page 2
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.
3. As indicated, Contractor is responsible for procuring all approvals and permits for
this work including those needed from the City of Moorpark Community Development Department
and Building and Safety Department. Permits and plan review will be "no fee" to the Contractor.
4. If selected, Contractor required to provide a Payment and Performance bond in
the amount of 100% of the bid price in the form incorporated herein as Attachment 4.
5. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all City projects, regardless of cost; 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 you met the 65% diversion requirement. Also, a one-time fee for
staff time associated with processing your C&D plan will be charged. You have two options to
meet this requirement. You may use the City's franchised haulers (Moorpark Rubbish Disposal
services this facility), 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.
97
Informal Bid -RCHSC Shade Structure
October 2014
Page 3
6. Verify that areas to remain unaltered adjacent to areas of work are completely
secured and properly barricaded to ensure separation of such operations with anybody other
than who is authorized to be in construction area before beginning such work. Provide
barricades and maintenance thereof, in accordance with applicable Federal, State and local
codes and their respective requirements. Install temporary barricades, enclosures and
protections before work is started.
7. Perform work exercising proper care to prevent injury to the public, workmen and
areas not included in this work scope. Repair or replace existing work scheduled to remain,
which is damaged by these operations.
8. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
9. Site and surrounding areas to be left clean and free of any debris or other
unsuitable materials.
10. Submit schedule for approval by the City's Representative indicating proposed
methods and sequence of operations for work.
11. 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.
12. Storage of equipment, supplies and materials at the site shall only be allowed
with prior written approval from the City. In the event the City consents to allow Contractor to
use designated City property for storage, Contractor agrees to assume full responsibility for
loss, theft, damage to its equipment, supplies and any injury that may arise to any person.
Contractor also assumes full responsibility for any and all damage to City property as a result
of any Contractor owned property stored on City property, whether storage is temporary or
permanent. Contractor acknowledges that the Indemnification in the Agreement document
applies to such storage.
13. Contractor shall be responsible for all damages to persons or property that occur
as a result of its fault or negligence in the performance of this contract and shall be responsible
for the protection of the work site and storage site until final acceptance by the City.
14. 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
98
Informal Bid -RCHSC Shade Structure
October 2014
Page4
persons on, about, or adjacent to the premises where work is being performed and to provide
a safe and healthful place of employment.
15. If a prospective bidder is in doubt or has any questions as to the true meaning or
intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or
omissions, he/she may submit, to the City, a written request for an interpretation or a
correction thereof. Interpretations or corrections shall be made only by addendum duly issued
by the City. A copy of such addendum will be 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.
By submitting this proposal, Contractor agrees to sign the City's standard Agreement and to
provide the insurance required by the contract. A copy of the Standard Agreement and
Insurance Requirements is attached to this proposal. Contractors are encouraged to speak
with their insurance companies regarding the required insurance to be sure that they can meet
them prior to submitting their bid.
Questions regarding this Request for Proposals can be directed to the City's representative:
Attachments:
Jeremy Laurentowski, Parks and Recreation Director
City of Moorpark, 799 Moorpark Avenue, Moorpark, CA
805-517-6385 or jlaurentowski@moorparkca.gov
1 -Proposal/Bid Forms (All to be filled out and submitted with Bid)
2 -Form of Bid Bond
3 -City Standard Agreement and Insurance Requirements
4 -Form of Payment and Performance Bond
5 -Sample Design
99
ATTACHMENT 1
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Shade Structure Design and Installation at Ruben Castro Human Services Center
612 Spring Road, Suite 401
Moorpark, CA 93021
Bids to Be Received -October, 21, 2014, by 3:00 p.m.
CONTRACTOR
Street Address
City ____________ State ___ _ Zip Code
Telephone Number
Contractor's License No _________ Class _____ , Expiration Date _____ _
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder I Title
--------------------------~
PROPOSED SCHEDULE OF WORK AND PRICES
Shade Structure Design and Installation at Ruben Castro Human Services Center
Item Description Qty Unit Total
1 Shade Structure 1 LS
2 Engineering/Permitting 1 LS
3 Installation 1 LS
Total Amount of Bid$ --------
Number of calendar days for completion: ___________ (total days including lead
times for design/engineering, product ordering and installation scheduling)
JANICE S. PARVIN
Mayor
ROSEANN MIKOS, Ph.D.
Council member
KEITH F MILLHOUSE
Council member
DAVID POLLOCK
Councilmember
MARK VAN DAM
Councilmember
100
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: October, 21, 2014 by 3:00 p.m.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the
City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled:
Shade Structure Design and Installation at Ruben Castro Human Services Center.
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations,
those in the Informal Bid Proposal, Project Plans and Specifications.
This Bid will remain open for a 90-day period. By signing this bid proposal, the Bidder agrees to enter
into a Contract within the time and in the manner as required in the Bid documents. Bidder
understands that by submitting this bid, bidder is agreeing to furnish the insurance certificates,
endorsements, and bonds as required by the Contract Documents. Contractor understands that
failure to provide the insurance certificates, endorsements and bonds will cause Bidder to
forfeit the bid bond and City will terminate the bid award and award the bid to the next lowest
responsible 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: Date: -------
Bid Addenda Number: Date: -------
Bidder has familiarized themselves with the nature and extent of the Contract Documents; the Work;
the site together with the surrounding environment and locality; the legal requirements involved
(including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.); and,
the conditions affecting costs, progress or performance of the Work. Bidder 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.
(Signature -Authorized Representative)
101
The undersigned declares:
NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
I am the of , 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
___________ [date], at ________ [city], _____ [state].
Name of Bidder Name of Bidder
Signature of Bidder Signature of Bidder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
102
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 at
the time the bid is submitted to the City, and must have satisfactorily completed at least three
Southern California projects in the last five years of comparable size to the scope of this
project.
Number of years engaged in providing the work included within the scope of the specifications
under the present business name:
List and describe fully the last three contracts performed by your firm which demonstrate your
ability to complete the work included within the scope of the specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name:
Contact Individual:
Address:
Contract Amount: Year:
~~~~~~~~~~~~ ~~~~~~~-
Des c rip ti on of work done:
Reference No. 2
Customer Name:
Contact Individual:
Address:
Contract Amount: Year:
~~~~~~~~~~~~ ~~~~~~~-
Des c rip ti on of work done:
Reference No. 3
Customer Name:
Contact Individual:
Address:
Contract Amount: Year:
~~~~~~~~~~~~ ~~~~~~~-
Des c rip ti on of work done:
103
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF __________ _
I am the
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
__ ,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 at , California.
~~~~~~~~~--~~~~~~~~~-
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Title
Signature of Bidder
Title
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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.
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WORKERS' COMPENSATION INSURANCE CERTIFICATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works
contract is awarded to sign and file with the awarding body the following statement:
"I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner
("Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 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 _________________ _ Date --------------
Printed Name -----------------
Company _________________ _
Title __________________ _
107
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 1 . (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:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
(attach more sheets rf necessary)
Total Percentage 2 _______ _
Signature(s) of Bidder Date
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
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ATTACHMENT 2
BID BOND
(in lieu of certified or cashier's check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and , as
Surety, acknowledge ourselves jointly and severally bound to the 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 furnishes 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 __ day of _________ , 2013.
Contractor ----------
By _____________ _
Title -------------
Surety ___________ _
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
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ATTACHMENT 3
SAMPLE AGREEMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
XXXXXXXXXX, FOR DESIGN AND INSTALLATION OF SHADE SAIL STRUCTURE AT
RUBEN CASTRO HUMAN SERVICES CENTER
THIS AGREEMENT, is made and effective as of this day of
__________ , 2014, between the City of Moorpark, a municipal corporation
("City") and XXXXXXX, a XXXXXX ("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 design and
installation of a shade sail structure at the Ruben Castro Human Services Center (RCHSC);
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 __ day of
__________ , 2014, authorized the City Manager to enter into this Agreement.
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 and Exhibit C, 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 design and installation of a shade sail structure at the RCHSC, as set forth
in Exhibit B: Contractor's Bid Proposal, dated XXXXX, 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 is the City's Bid Package attached hereto
and incorporated herein by this reference as though set forth in full and hereinafter referred to
as "Bid Package". Exhibit B and Exhibit C, collectively, are referred to as "Scope of Services''.
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.
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Contractor shall perform the tasks described and set forth in Exhibit 8 and Exhibit C.
Contractor shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit 8.
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit 8. Compensation shall not exceed the rates or total value of XXXXXX dollars
($XXXXXX) as stated in Exhibit 8, 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 XXXXXX, 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 8 and Exhibit C, 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 XXXXX dollars ($XXXXX) 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.
The City Manager may approve additional work not to exceed fifteen percent (15%) of the
amount of the Agreement.
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. 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.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this Agreement,
City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate 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
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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.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement or as duly extended in writing by the City Manager, Contractor
shall forfeit and pay to the City, as liquidated damages, the sum of one hundred twenty-five
dollars ($125) per day for each calendar day the work, or portion thereof, remains uncompleted
after the above specified completion date. Liquidated damages shall be deducted from any
payments due or to become due to the Contractor under the terms of this Agreement
[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.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the performance
of services under this Agreement. Contractor shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Contractor shall provide free access to the representatives of
City or 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.
10. 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
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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, 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 lndemnitee. 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 lndemnitees 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
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lndemnitees' interests. City shall, in its sole discretion, determine whether such assurances are
reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this
reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Neither City
nor any of its officers, employees, or agents shall have control over the conduct of Contractor
or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational 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.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national origin,
ancestry, physical 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].
115
15. UNDUEINFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms, or
implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City will receive
compensation, directly or indirectly from Contractor, or any officer, employee, or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted as a
result of this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the 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.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any
manner or degree with the performance of their services hereunder. Contractor further
covenants that in the performance of this Agreement, they shall employ no person having such
interest as an officer, employee, agent, or subcontractor. Contractor further covenants that
Contractor has not contracted with nor is performing any services directly or indirectly, with the
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in the
City or its Area of Interest, now or within the past one (1) year, and further covenants and
agrees that Contractor and/or its subcontractors shall provide no service or enter into any
contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
and/or public agency(ies) owning property and/or processing an entitlement application for
property in the City or its Area of Interest, while under contract with the City and for a one (1)
year time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or by
deposit in the United States mail, certified or registered, return receipt requested, with postage
prepaid, and addressed to the party for whom intended as follows:
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To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Contractor
ATTN:
Address
City, State, Zip Code
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered upon receipt by personal service or
as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have the
change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other action
of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in
Ventura County, California. The City and Contractor understand and agree that the laws of the
state of California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
23. 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
117
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.
24. 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.
25. 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.
26. 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.
27. 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.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or caused
it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver constitute a
118
continuing or subsequent waiver of the same provision. No waiver shall be binding unless
executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK
By: _________ _
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
CONTRACTOR
By: _________ _
SIGNATORY, TITLE
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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.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including
symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Contractor or Contractor's employees will use personal autos in any way
on this project, 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 2004. Contractor also agrees to
require all contractors, subcontractors, and anyone 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
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herein to waive subrogation prior to a loss. This endorsement shall be obtained
regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and 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, provide the same
minimum insurance coverage required of Contractor. Contractor agrees to monitor and
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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 subcontractors and any
other person or entity involved in the project contemplated by this Agreement to do
likewise.
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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.
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ATTACHMENT 4
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 design and installation of shade sail structure
at the Ruben Castro Human Services Center 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 ____________ , 2014.
Contractor: -----------By: ____________ _
Title: --------------By: ____________ _
Surety:
~------------
By: _____________ ~
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
125
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
design and installation of shade sail structure at the Ruben Castro Human Services Center
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 six (6) months after the date of recordation of the Notice of Completion by the City
and only with the City's written permission. However, Bond shall not be exonerated if claims or
stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to
be furnished, which may be made pursuant to the terms of said Contract shall not in
any way release either the Contractor or the Surety thereunder, nor shall any extensions
of time granted under the provisions of said Contract release either the Contractor or
the Surety; and notice of such alterations or extensions of the Contract is hereby
waived by the Surety.
126
BOND FOR MATERIAL SUPPLIERS AND LABORERS -
(continued}
WITNESS our hands this ___ day of ____________ , 2014.
Contractor
By: __________ _
Title: --------------
By: -----------
Title: -------------
Surety
By: __________ _
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
127
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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 $39,928.38 FROM
THE 2006 RDA-SA TAB PROCEEDS (9104) FOR THE DESIGN
AND INSTALLATION OF A SHADE STRUCTURE AT THE
RUBEN CASTRO HUMAN SERVICES CENTER
WHEREAS, on June 18, 2014, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2014/15; and
WHEREAS, on December 18, 2014, the City Council approved Amendment No.
2 to the lease Agreement with First 5 Neighborhoods for Learning and the installation of
a shade structure at the Ruben Castro Human Services Center; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of an Agreement with Great Western Installations, Inc., dba Great Western
Park & Playground for design and installation of a shade structure at the Ruben Castro
Human Services Center; and
WHEREAS, a budget adjustment in the amount of $39,628.38 from the 2006
RDA-SA Tab Proceeds (9104) is requested for this work; 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 RE SOL VE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $39,928.38 from the 2006
RDA-SA Tab Proceeds (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 19th day of November, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A -Budget Amendment
131
EXHIBIT A
BUDGET AMENDMENT FOR DESIGN AND INSTALLATION OF A SHADE STRUCTURE AT
THE RUBEN CASTRO HUMAN SERVICES CENTER
2014/15
FUND ALLOCATION FROM:
Fund Account Number Amount
2006 RDA-SA TAB PROCEEDS 9104-5500 $ 39,628.38
Total $ 39,628.38
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
9104.2411.5020.9632 $ -$ 39,628.38 $ 39,628.38
$ -$ -
$ -$ -
Total $ -$ 39,628.38 $ 39,628.38
Approved as to Form:
132