HomeMy WebLinkAboutAGENDA REPORT 2014 1217 CCSA REG ITEM 10M 7;J TV OF MOORPARK,CAU1FORK
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ACTION:
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MOORPARK CITY COUNCIL
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council and Successor Agency Board
FROM: Jeremy Laurentowski, Parks and Recreation Director-5'G'
DATE: December 9, 2014 (CC Meeting of December 17, 2014)
SUBJECT: Consider Rescinding Previous City Council Action of November
19, 2014; 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
Resolution, Concurring with City Council Resolution No. 2014-
3337, Amending the Fiscal Year 2014/15 Budget to Fund the Work
from RDA-SA 2006 Tab Proceeds (9104)
BACKGROUND
On November 19, 2014, the City Council approved the award of the Agreement to Great
Western Installations, Inc., dba Great Western Park and Playground (Great Western),
for the design and installation of the shade structure at the Ruben Castro Human
Services Center (RCHSC), and Resolution Amending the Fiscal Year 2014/15 Budget
to Fund the Work from 2006 RDA-SA Tab Proceeds (9104). The Agreement with Great
Western that was approved by the City Council was between the City of Moorpark and
Great Western. However, it has been determined that the Agreement should be with
the Successor Agency of the Redevelopment Agency of the City of Moorpark
(Successor Agency), not the City of Moorpark, due to the fact that the building structure
is currently owned by the Successor Agency.
DISCUSSION
On October 8, 2014, staff sent requests for proposals (RFP) to three vendors 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.
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Successor Agency
December 17, 2014
Page 2
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 $34,628.38 with a $5,000 contingency for a
total of $39,628.38. The fund balance of RDA-SA 2006 Tab Proceeds Fund (9104) is
$1,539,215.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. City Council -Rescind action of the City Council on November 19, 2014, to
approve Agreement with Great Western Installations, Inc. dba Great Western
Park & Playground for Shade Structure Design and Installation at the Ruben
Castro Human Services Center.
2. Successor Agency -Approve 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 of the Executive Director and Agency Counsel, and authorize
Executive Director to execute the Agreement on behalf of the Successor Agency.
3. Successor Agency -Adopt Resolution No. SA-2014-__ .
Attachments:
1. Agreement
2. Resolution No. SA-2014-
202
ATTACHMENT 1
AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF
THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND
GREAT WESTERN INSTALLATIONS INC. OBA GREAT WESTERN PARK &
PLAYGROUND, FOR DESIGN AND INSTALLATION OF A SHADE STRUCTURE AT
THE RUBEN CASTRO HUMAN SERVICES CENTER
THIS AGREEMENT, is made and effective as of this day of
-----, 2014, between the Successor Agency of the Redevelopment Agency of
the City of Moorpark, a municipal corporation ("Successor Agency") 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, Successor Agency 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
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
Successor Agency does hereby retain Contractor in a contractual capacity to
provide construction services related to the design and installation of a shade structure
at the RCHSC, as set forth in Exhibit B: Contractor's Bid Proposal, dated October 23,
2014, which exhibits are attached hereto and incorporated herein by this reference as
though set forth in full and hereinafter referred to as the "Proposal". Where said Scope
of Services is modified by this Agreement, or in the event there is a conflict between the
provisions of said Scope of Services and this Agreement, the language contained in this
Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B. 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-nine thousand six hundred twenty-eight dollars and thirty-eight cents ($34,628.38)
as stated in Exhibit B, including a contingency of five thousand dollars ($5,000), for a
total Agreement amount of thirty-nine thousand six hundred twenty-eight dollars and
thirty-eight cents ($39,628.38) without a written amendment to the agreement executed
by both parties. Payment by Successor Agency to Contractor shall be as referred to in
this Agreement.
Successor Agency 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
Successor Agency and Contractor shall be Debbie Bond, and no other individual may
be substituted without the prior written approval of the Executive Director.
The Successor Agency's contact person in charge of administration of this
Agreement, and to serve as principal liaison between Contractor and Successor
Agency, shall be the Executive Director or the Executive Director's designee.
5. PAYMENT
The Successor Agency agrees to pay Contractor monthly, in accordance with the
terms and the schedule of payment as set forth in Exhibit B, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time
spent on the above tasks. This amount shall not exceed thirty-nine thousand six
hundred twenty-eight dollars and thirty-eight cents ($34,628.38), including a
contingency of five thousand dollars ($5,000), for a total Agreement amount of thirty-
nine thousand six hundred twenty-eight dollars and thirty-eight cents ($39,628.38) for
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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 services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both
parties.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
Successor Agency 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 Successor
Agency, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The Successor Agency 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 Successor Agency 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 Successor
Agency 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 Executive Director or the Executive Director's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the Successor Agency 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, Successor Agency shall have no obligation or duty to continue
compensating Contractor for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor's control, and without fault or negligence of the
Contractor, it shall not be considered a default.
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If the Executive Director or the Executive Director's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the Successor
Agency shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
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 Executive
Director, Contractor shall forfeit and pay to the Successor Agency, as liquidated
damages, the sum of two hundred fifty dollars ($250) 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 Successor Agency after the above specified
completion date shall not constitute a waiver of liquidated damages by the Successor
Agency.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by Successor Agency
that relate to the performance of services under this Agreement. Contractor shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. Contractor shall provide free access to the representatives of Successor
Agency or its designees at reasonable times to such books and records; shall give the
Successor Agency the right to examine and audit said books and records; shall permit
Successor Agency to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the
Successor Agency and may be used, reused, or otherwise disposed of by the
Successor Agency without the permission of the Contractor. With respect to computer
files, Contractor shall make available to the Successor Agency, at the Contractor's
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office and upon reasonable written request by the Successor Agency, 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 Successor
Agency, and hold harmless Successor Agency, 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
Successor Agency. Should conflict of interest principles preclude a single legal counsel
from representing both Successor Agency and Contractor, or should Successor Agency
otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse
the Successor Agency 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 Successor Agency (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 Successor Agency under any
provision of this agreement, Contractor shall not be required to indemnify and hold
harmless Successor Agency for liability attributable to the active negligence of
Successor Agency, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where Successor Agency is shown to have been actively negligent and where
Successor Agency 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 Successor Agency.
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 Successor Agency to monitor compliance with these requirements
imposes no additional obligations on Successor Agency and will in no way act as a
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waiver of any rights hereunder. This obligation to indemnify and defend Successor
Agency as set forth here is binding on the successors, assigns, or heirs of Contractor
and shall survive the termination of this Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity 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, Successor Agency may, in its sole discretion,
reserve, retain, or apply any monies to the Contractor under this Agreement for the
purpose of resolving such claims; provided, however, Successor Agency may release
such funds if the Contractor provides Successor Agency with reasonable assurance of
protection of the lndemnitees' interests. Successor Agency 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 Successor Agency a wholly
independent Contractor. The personnel performing the services under this Agreement
on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither Successor Agency nor any of its officers, employees, or agents shall
have control over the conduct of Contractor or any of Contractor's officers, employees,
or agents, except as set forth in this Agreement. Contractor shall not at any time or in
any manner represent that it or any of its officers, employees, or agents are in any
manner officers, employees, or agents of the Successor Agency. Contractor shall not
incur or have the power to incur any debt, obligation, or liability against Successor
Agency, or bind Successor Agency in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, Successor Agency shall not pay salaries, wages, or other compensation
to Contractor for performing services hereunder for Successor Agency. Successor
Agency 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. The Successor Agency, and its
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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].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the Successor Agency in
connection with the award, terms, or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the Successor Agency will receive compensation, directly or
indirectly from Contractor, or any officer, employee, or agent of Contractor, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the Successor Agency 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 Successor Agency, or their designees or
agents, and no public official who exercises authority over or responsibilities with
respect to the Project during his/her tenure or for one (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 Successor Agency 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: Debbie Bond, COO
Great Western Park & Playground
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 Successor Agency 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 Successor
Agency and Contractor understand and agree that the laws of the state of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement.
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
Successor Agency and Contractor agree that time is of the essence in this
Agreement. Successor Agency and Contractor further agree that Contractor's failure to
perform on or at the times set forth in this Agreement will damage and injure Successor
Agency, but the extent of such damage and injury is difficult or speculative to ascertain.
Consequently, Successor Agency and Contractor agree that any failure to perform by
Contractor at or within the times set forth herein shall result in liquidated damages as
defined in this Agreement for each and every day such performance is late. Successor
Agency and Contractor agree that such sum is reasonable and fair. Furthermore,
Successor Agency and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
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27. PRECEDENCE
Contractor is bound by the contents of the Agreement and Work Authorizations.
In the event of conflict, the requirements of the Agreement shall take precedence over
those contained in the Proposal for each job.
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.
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
By: _________ _
Steven Kueny, Executive Director
Attest:
Maureen Benson
Successor Agency Secretary
MIKE'S HANDYMAN SERVICE
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 Successor Agency in excess of the limits and coverage required in this Agreement
and which is applicable to a given loss, will be available to the Successor Agency.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no .
less than $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 Successor Agency for injury to employees of
contractors, subcontractors, or others involved in the project. Policy shall be endorsed
to provide a separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contract shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. 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 Successor Agency for injury to employees of contractor, subcontractors, or
others involved in the Work. The scope of coverage provided is subject to the approval
of Successor Agency following receipt of proof of insurance as required herein. Limits
are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A-or
better and a minimum financial size of VII.
Contractor and Successor Agency agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds Successor Agency, 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 any one else involved in any way with the project
contemplated by this Agreement to do likewise.
2. Any waiver of subrogation express or implied on the part of the Successor
Agency to any party involved in this Agreement or related documents applies
only to the extent of insurance proceeds actually paid. Successor Agency, having
required that it be named as an additional insured to all insurance coverage
required herein, expressly retains the right to subrogate against any party for
sums not paid by insurance. For its part, Contractor agrees to waive subrogation
rights against Successor Agency 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 Successor Agency, or to specifically allow
Great Western Installations dba Great Western Park & Playground Page 12 of 15 214
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 Successor Agency that insurance provided
pursuant to these requirements is not intended by any party to be limited to
providing coverage for the vicarious liability of Successor Agency, or to the
supervisory role, if any, of Successor Agency. All insurance coverage provided
pursuant to this or any other Agreement (express or implied) in any way relating
to Successor Agency is intended to apply to the full extent of the policies
involved. Nothing referred to here or contained in any agreement involving
Successor Agency in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to Successor Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the Successor Agency, as the need arises. Contractor
shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discover period) that may affect Successor
Agency's protection without Successor Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to
Successor Agency at or prior to the execution of this Agreement. In the event
such proof of insurance is not delivered as required, or in the event such
insurance is canceled or reduced at any time and no replacement coverage is
provided, Successor Agency has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other
Agreement and to pay the premium. Any premium so paid by Successor Agency
shall be charged to and promptly paid by Contractor or deducted from sums due
Contractor, at Successor Agency option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to Successor
Agency and the appropriate tender prior to cancellation or reduction of such
liability coverage and notice of any material alteration or non-renewal of any such
coverage, and to require contractors, subcontractors, and any other party in any
way involved with the project contemplated by this Agreement to do likewise.
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
Great Western Installations dba Great Western Park & Playground Page 13 of 15 215
relation to any other insurance or self insurance available to the Successor
Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to Successor Agency for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to Successor
Agency. If Contractor's existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the
Successor Agency. At that time the Successor Agency shall review options with
the Contractor, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
13. The Successor Agency reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving the
Contractor 90 days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the Successor Agency will
negotiate additional compensation proportional to the increased benefit to
Successor Agency.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of Successor Agency to inform Contractor of non-compliance with any
insurance requirement in no way imposes any additional obligations on
Successor Agency nor does it waive any rights hereunder in this or any other
regard.
16. Contractor will renew the required coverage annually as long as Successor
Agency, or its employees or agents face an exposure from operations of any type
pursuance to this Agreement. This obligation applies whether or not the
Great Western Installations dba Great Western Park & Playground Page 14 of 15 216
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
Successor Agency executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the Successor Agency, and
to require all subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by
Successor Agency.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change Successor
Agency or Contractor for the cost of additional insurance coverage required by
this Agreement. Any such provisions are to be deleted with reference to
Successor Agency. It is not the intent of Successor Agency to reimburse any
third party for the cost of complying with these requirements. There shall be no
recourse against Successor Agency for payment of premiums or other amounts
with respect thereto.
22. Contractor agrees to obtain and provide to Successor Agency a copy of
Professional Liability coverage for Architects or Engineers on this project through
Contractor. Successor Agency shall determine the liability limit.
Great Western Installations dba Great Western Park & Playground Page 15 of 15 217
HME 'ii
BID PROPOSt\L
TO BE EXECUTED
BY B!DDEI:.:;. AND SUBMITTED WITl-1 BID
CITY OF MOORPARK
MOORPARI\, CALIFORNIA
Exhibit B
Shade Structure Design and Installation at Ruben Castro Human Services Cente1·
612 Sprin~J Road, Suite 401
Moorpark, CA 93021
Bids to Be Received ---October, 2·1, 2014, by 3:00 p.rn.
------··-·--·--··-·-·-· CONTRACTOR
r·-7 V/J(i'f/ J / (t(·· /.;:;_ '}1 fl.;'.:{ ;·-,/ /I I' ~ ' !. /) I
Name __ _..-"/l_/_.c ~1 ,,a .. v,; L f 1 _, •... 1=-· --------·-
Street Address
City Zip Code
.I Telephone Number
Contractor·'s License s.j~~~~. Expiration Date -ef/3 I /.20/
The undersigned swears under penalty of perjury that tt1e information regarding the Contractor's
License is true and correct.
S. f B.dd 11·· I /\, !/1 ~ ii;·· i-ul /? )/) 1gnature o 1 er 1t el.._~if.d~J/(t. --u;fj) i.tb __ _,___.--'-'--'-"---------------·
PROPOSED SCHEDULE OF WORK AND PRICES
Shade Structure Design and Installation at Ruben Castro Human Services Center
Item Des c ript_~2!1 9!Y Unit Total
Shade Structure LS
? ______ ··-__ _ __ ___ _ _ _ __ f::Qgi~e_erjQBi_Cer~itti.Qg ______ _ LS
3 Installation ,1
·-----~-~_L_S_' ~-~
Number of _calendar days for completion: L (total days including loacf
times for cJosign/engincering, product ordering ancJ installation schecluling)
Ji\i\ICI' S l'i\l(\'I['.;
i'..-1.t)·, 1r
IUlSL.-\:'-iN 0.111-:0S, l'h.ll
C:t1ut1l ilnw111h,·1
HITI 11 .1'1111.lllll'SJ
c·o111icilrnrn1bcr
llAVlfJ Plll IClCk
C ",1u1wil11w111hn
,\I•\ I{!-'. \I;\ N D:\ 1\ I
( ~' )\t1h·i ln1t·inh1 -r
218
BID PF<OPOSAL 1continued) ,,_,_,__,_,~~---·----'-~·-~------~--·-•V•~ •-l~-·--·-M"""N'•~<W"~ '""
TO BE EXECUTED
BY BIDDEI\ AND SUBMITTED WITH 810
Bid Due Date/Time: October, 21, 2014 by 3:00 QJl1.
The undersigned Bidder proposes and agrees, if this Biel is accepted. to enter into Contract with the
City of Moorpark to peiform the Work as specified or indicated in said Contract Documents entitled
Shade Structure Design anci Installation at Ruben Castro 1-/uman Sotvices Center.
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations,
those in the lnfmmal Biel f=>roposal, ~'roject Plans ancl Specifications.
This Bid will rernai11 open for a 90-day period. By si~Jning 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 m 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 Contr·act 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 21uthorized to sign for the Contractor.
/'f 7") I
Bidder: {]rJ:lc/ }\Jes re rf; -r;:r rk </ })!<{ y ~, r·ou f re i ----~--------
r /) .. ', 1-'l-~. il:2. -· ~ "')// ·-/
By: ---~/fk./fe/!)Lr '--·z1-::)j) )ZVL
(Signature -Authorized Representative)
/)()/\ II) /7 ,., Ii/} ·111 I Title: ____ l,LY c._J ______ Dated: ___ L_,~1_1-_· ._~)_~_· -_[_·~·~_l ___ _
219
The undersigned declares:
TO BE EXECUTEDBY
BIDDER ANO SUBMITTED WITH BID
/) \ l) '
I arn the of (7Fekli/Jesi~':L!J iQ}i( hftitjl!JI:_ll":lthe party
making the foregoing bid. The bid is not made in the interest of, or or'1' 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 patinership, 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
/ •' //./'l _____ Jdate], at __ .~l~c;c.+<i~'/r~.'l~"J__ _ __ [city], /{/ [state]. ·-·······()f.lZlJt~·
/
Name of Bidder Name of Bidder
' -l}:f:l:l{ /J-1-k:\ . ._:/ ___ _
Signature of Bidder Signature of Bidder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
GlAlY!-i
~ :(>tv~M L3~.~!( )f') ~;·:~Zf 1lnL (~
F:::uHtJt\F:V !C ::\JlL
:.HATE Ur' \f(t,I :
220
ST /\TEl\fiENT BIDDER'S OUt\Uf!CATiONS AND REFERENCES
TO BE EXECUTED
BY BIDDEl~ AND SUBMITTED WIT/-/ 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 busi11ess name: \l'c\ '1}/S;· .
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: _-(flt""'' --=-''50=:·,,,_' =kc_ _________ Year: 10\1-[
Description of work done:
__ ~_,._'f_,_O_\J_.1_· w_ .. -"-'·' ~~-....,h""'~"'-.li.::..(,\,_,_,_\ -..L..hl"-"-"!.::+=-..:::.::!...LU:t:'--~'+',L.1 1._,\~" v,_,, r-,__."-"(l,_,_,_y\""'t---'fu!.1'. ~r_· __._V·:l_i}o\J1.Y_y1.,q_,~S
y Oi'l \c, I v1 11,.A.k&Ltt.t. \ ~~----~----~
Reference No. 2
Customer Name:
Contact Individual:
Address:
Contract Amount: -"-''-""''-'C-".::.. ______ , _________ year: '20 r:;
Description of work done:
.. Vro v I (,(,0,, $ _ Iyy;:\'cd \ Y \C\ij'.ffO~) I"<:~
milt. _.J~'-.. 'tUL~x:fLJ. -~(~J-\~· ~· ___ _ ...... -........... ---------
Reference No. 3 ----·----
Customer Name:
Contact Individual:
Address: -.. ·---·-------------
Contract Amount: Year: -'""""!.'"""O_\ .. '_,·-.. ____ _
Description of work done:
Pr,1,1lck _s1
• 'I.10sVo . ~,ic~-o n~ G1f\2,0, JikA.~ gn)\J:,,cf ·j6, ~rihq
.11\1\. \'-LV·J ~\a.,']<yfo\Jf:f:.._l_\)rn~:t• ..... x;•!W'frA.dY~J <"1 i"riO-~V\'.9 u\\At'.f~_ffi__ \\11,Q.,, c<J,'YIJ'l'\\Jht )"\~)·
221
ST/HE OF CALIFORNIA, COUNTY OF __ _..,,.,K.J.-._._4 _·----·''·-'---·----------
1 am the -----·---·-·---·-·
__ , the bidder herein. l have read the foregoing statement and know the contents thereof;
and I certify tllat the same is true to my l~nowledge, except as to those matters which are
therein stated upon my information or belief, and as to those rnatters I believe it to be true.
I declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Signature of Bidder
/~/)() --~--------·········---
Title
222
COIVIPLIANCE \NITH ENV!RONIVIEl\!TAL, HEt\L
AN SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER ANO 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 l1ereby agrees to
comply with all provisions of the Act relating to the discha1·ge 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.
223
V\IORKERS' COIViPENSATIOf\i INStff~/.\NCE EFfT'!FiCATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED W/Tl-1 BID
Sections 18(:30 and 186 ·1 of the California Labor Code requi1·e every contractor to whom 8 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
accmdance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract"
224
AGREEMENT TO COMPLY WITH CALIFORNIA LABOH LAW REQU!RE!ViEl\!TS
TO BE EXECUTED BY Bl DD Ero\ AND SUBMITTED WITH E~ID
[L<:1bor Code§§ 1/W, ·1nh, 17l6, 1TU.b, ·ism, rn·13, 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
I. 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 hernin.
2. Contractor agrnes to comply with the provisions of California Labor Code Sections 1T74 and ·1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to p<:iy prevailing
wages Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar clay, or
portion thereof, for each worke!' paid less than the prevailing rates as determined by the Director of Industrial
Relations for the worl~ 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 r·equir·e
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 wit11 the provisions of California Labor Code Section i T77.5 concerning the
employment of apprentices on public wor·ks projects, and further agrees that Contractor rs responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hou!'s of labor shall constitute a legal day's wmk 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 forih 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 18 i 3 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 suct1 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 i, 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 pmvisions of that
code, and I will comply with such provisions l)efore commencing the performance of the work of this contract."
Signature"_,i]&phL,t' i2t5/u/ mmm m-----Date /O{Z~';/lo (1-/
I) e' L !1 . c 0. t-h Printed Name __ ~:~-(}/,J'/L {''J01 ]t:{ ________ _
/'1 . . 4 l' / {. . . ,1) / C,I l),f . . . l
company qrt,tc1 lVtSFtrn vl(}~r_~J11cx.~rota1tc
j_/; !()(' i
Title __ ;A-!L/. -··----·······
225
BIDDER'S STATEMENT SUBCO~~TfV\CTOF~S
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform rnore than 1 /2% the value of the
total lump surn bid amount 1
. (NOTE" If b1dcling contractor does not have the appropriate speciEilty designations as
required liy these hie! documents, than a su/Jcontu.Jc.:lor with the appropria/u specialty rlesignation must bu listecf hem. Fm"fwo
to do so may result in the bid /Jeing disq11alifw11.)
j Subcontractor Name
'.. (j,V\'1,-\r ,~i' \ (' ,,,n c +_· : . \'" \,,..\ ~ fw!i..A"')\, I ,.,.,.., '-Classification:
····-··---------·-
License No:
----------"-~'~--~·· ·
Subcontractor Address:
\),.ob ?.x:ri --;. !
Type of Work
Subcontracto1· Name: rTicel1se r~0:·
I Classification:
Subcontmctor Address: · ------·· ···· ·· ·· lsl.lbconfracior-rllone: -·· ····--· ·
I ···•-.. __ J
Type of Work Percent Work to
be done:
-----------··-···-······-·-·--···-·-····· · 1 Llcense_N_o_: ---~------·--····--··· -· ···-Subcontractor Name:
Subcontractor Address:
---------···········-
Type of Work
necessary)
Signature(s) of Bidder
l Classif1cat1on. -_J _S:contractor Phone
Perc:el1i Work-to
be done:
Total Percentage 2 __________ _
1 8ased on contract price~
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
226
BlD B01'1D
The American Institute of Architects,
AJA Document No. A3 l 0 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Great Western Park & Playground. Inc.
·---.. -----·------
as Principal hereinafter called the Principal, and Old Hepublic Surety Cq_rppany ----·--·
a corporation duly organized under the laws of the state of Wiscon§ill ______ as Surety, hcrcinaficr called the Surety,
are he Id and fim1ly bound unto . Qi!ygf Moorn""a"""rk:i...::C:.:..A,___ ____________ _
·-----·---------·
as Obligee, hereinafter called the Obligce, in the sum of
10% of Thirty-four thousand Six h~Jl}~red t~w'""e"-.n~tv._-'""'ni"-'-n=e-=d=ol=la=r~s.'-----------
Dol lars ($ 34 629.00 ), for the payment of which sum well and trnly to be made, the said Principal and 1hc
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly
by these presents.
\VHEREAS, the Principal has submitted a bid for _providing and installing a i;..tJ..;3.l()l!l_?hade structure at the Hueben_~-
__ r;;'.astro 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 surety for the faithfol perfomrnnce of such Contract and frir
the prompt payment of labor and mate1ial furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligec the difference
not to exceed the penally hereof between the amount specified in said bid and such larger amount for which the
Obligcc 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 scaled this ------'2""3"--·-------day of October 2014
Great Western Park & Playwound, Inc.
ORSC 2 l328 (5/97)
227
t<i·~~(J't/\f r\Ll.
( fC)G3 n·1nl{C,
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()UAL I TY lST'-:J;NS .. :1\GENCY I INC.
228
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tyler .. ;lqwp;irk.::rm; :(d,:r. '<!rcwr<.r~ r."T
ivloorpark City
Attn: Jeremy Lamcntowski
799 Moorp,irk A vc.
Mooqmk. CA 93021
Phone: 805-517-6385
j laurentowskir(~1noorparkea.gov
SHADE
LNCi
INST/\ LL
BOND
Huben Castro Shade Strnrl!ire
Custom Canopies -3 Triangle: Sails Shade,
Delivered -
Apprnx She 36x32x32
3 Posts (l2', !4', 14' above grade)
4 wall mount plates (\Vall plates should be
placed minimum l (i' -l 8' high to assure proper
slope for runoff)
Includes reba1· footing cages and CA Vire
Marshal fabric " -
Custom Canopi,:s -l·nginccring &
Calculations
Custom Canopies -Installation of shmll:. Price
includes 3 footings through conerctc.'if
fastening points lo existing buildings. Price
assumes poor access. Price docs not include
any structural modifications to existing
building.
Custom Canopie~ -Payment & Performance
Bond
Shipping to Moorpark. CA 9302 l.
Installation at Prevailing Wages.
Payment Optiom
Cash or Check Onlen; -l'lc•1sc make check out to Great Western Pa1'k & Pl:1ygrou11d, Jnc.
Crcclit Card Orders -Visa or Mastercard.
50% Oowu -50';«;, down pay1ncnt wilh order and remaining 50% payment before shipment
QUOT!•'.
#77017
l 0/23/20 I 'f
Project ii: P60545
Ship To Zip 9~rn21
s JJ,000.00
$ 1)05.00
SI tU50.fJO
$1,008.00
SuhTotal:
Tax:
Total Amount:
s !3,000.00
$1,205.00
~; l 8,150.00
$1,008.00
S33,5(d .00
SI,(l65.:rn
$34,628-38
Credit Terms -Credit :1pplicarion required with order. Terms negotiated prior to order placement. Down pavmcnt may still be required.
•'''"'Nok: If ~·ou arc issuing a P.O. please make it payalJlc to Creal \Vcstcrn Park & Playground, Inc.''''
Page I of3
229
Ruben Castro Shade Structure
QUOTE
#77012
l 0/23/2014
This quotation is subject to policies in the current product rntalogs used to develop this quote and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment.
Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Great Western. Kindly issue one order for the
equipment and a separate order for surfacing and/or equipment installation services.
Pricing: f.o.lJ. factory, lirm for 10 days from date of quotation.
Payment terms: 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 Westcrn'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 the 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; removul 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:
Company: __________________ _
Attn: --------
Address: ---------------------
City, State, Zip: ---------------
Contact:------------------------
Tel: ___________________ _
Fax: _____________________ _
Salesman's Signature __________________ _
Ship To: _____ _
Project Nmne: ___________ _
Attn: --------------
Address: -------------
City, State, Zip:
Contact:
Tel:
Fax: ---------------
Customer's Signature ___________ _
Page 2 of3
230
Ruben Castro Shade Structure
Order cannot be processed without colors. Please list your colors choices in the spaces provided below.
Item #l Name Color Choice
Item #2 Name Color Choice
Item #3 Name Color Choice
Item #4 Name Color Choice
Item #5 Name Color Choice
Page 3 of3
QUOTE
#77012
10/23/2014
231
232
233
ATTACHMENT 2
RESOLUTION NO. SA-2014---
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN
AGREEMENT WITH GREAT WESTERN INSTALLATIONS, INC
OBA GREAT WESTERN PARK AND PLAYGROUND FOR THE
DESIGN AND INSTALLATION OF A SHADE STRUCTURE AT
THE RUBEN CASTRO HUMAN SERVICES CENTER
CONCURRING WITH CITY COUNCIL RESOLUTION NO. 2014-
3337 TO APPROPRIATE $39,628.38 FROM THE 2006 RDA-SA
TAB PROCEEDS FUND (9104)
WHEREAS, on March 25, 2013 pursuant to the Health and Safety Code Section
34179. 7 the California Department of Finance (DOF) granted the Finding of Completion
to the Successor Agency of the Redevelopment Agency of the City of Moorpark
(Successor Agency), which allowed the Successor Agency to utilize bond proceeds
issued prior to January 1, 2011 in a manner consistent with the original bond covenants;
and
WHEREAS, on September 16, 2014 the Oversight Board of the Successor
Agency received and filed the California DOF approval letter relating to the Recognized
Obligation Payment Schedule for the period January through June 2015 (ROPS 14-
15B), which includes Item No.35, a provision of $50,000 from the bond proceeds for the
improvements at the Ruben Castro Human Services Center (RCHSC); and
WHEREAS, on June 18, 2014, the City of Moorpark adopted the Operating and
Capital Improvement Budget for Fiscal Year 2014/15 which includes $91,745 General
Fund (1000) appropriations for maintenance of RCHSC facilities (5020); and
WHEREAS, on July 16, 2014, the City Council approved Amendment No. 2 to
the lease Agreement with Moorpark/Simi Valley Neighborhood for Learning, First 5
Ventura County, which provided the installation of a shade structure at the RCHSC;
and
WHEREAS, on November 19, 2014, a staff report was presented to the City
Council recommending to award the agreement to Great Western Installations, Inc., dba
Great Western Park & Playground for design and installation of a shade structure at the
RCHSC, and the City Council approved the agreement and adopted Resolution No.
2014-3337 approving the amendment to the fiscal year 2014/15 Operating and Capital
Improvement Budget by appropriating $39,628.38 from the 2006 RDA-SA TAB
Proceeds Fund (9104) for the said improvement; and
WHEREAS, a staff report has been presented to the Board of Directors of the
Successor Agency to approve the agreement with Great Western Installations Inc. dba
Great Western Park & Playground for design and installation of a shade structure at the
RCHSC and to concur with City Council Resolution No. 2014-3337.
234
Resolution No. SA-2014 ---Page 2
NOW, THEREFORE, THE BOARD OF DIRECTORS TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Successor Agency hereby approves the 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 in an
amount not to exceed $39,628.38.
SECTION 2. The Successor Agency hereby concurs with City Council
Resolution No. 2014-3337 amending the fiscal year 2014/15 budget by appropriating
$39,628.38 from the 2006 RDA-SA Tab Proceeds Fund (9104) for the improvements.
SECTION 3. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 1J1h day of December, 2014.
Janice S. Parvin, Chair
ATIEST:
Maureen Benson, Agency Secretary
235