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HomeMy WebLinkAboutAGENDA REPORT 2011 0119 CC REG ITEM 09H ITEM 9.H. City Council W]eefinq MOORPARK CITY COUNCATION:-_ AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Manager By: Jessica Sandifer, Management Analys DATE: January 6, 2010 (CC Meeting of 1/19/11) SUBJECT: Consider Award of Bids for the Ruben Castro Human Services Center BACKGROUND On January 19, 2004 the City Council awarded a contract to .HMC Architects (HMC) for preparation of conceptual site and building design for the Ruben Castro Human Services Center (RCHSC). After the completion of these services, an agreement was awarded to HMC to complete the total design of the building. On February 26, 2008, the Planning Commission recommended conditional approval of Commercial Planned Development Permit No. 2007-02 to the City Council. On May 21, 2008, the City Council approved Commercial Planned Development Permit No. 2007-02 with certain conditions. The RCHSC project consists of two buildings totaling approximately 25,000 square feet. They will house non-emergency medical dental services, educational uses, and charitable services such as Catholic Charities and First 5 — Neighborhoods for Learning. Staff has also negotiated a lease with the County for the medical building and additional space for the County Human Services Agency. The RCHSC will also contain a public art component, which will be approved by the City Council at a later date. The design work and construction plans were completed by HMC and on May 19, 2010, the City Council authorized staff to advertise for construction bids subject to the City's receipt of signed Memorandums of Understanding (MOLI) from the County of Ventura and other project tenants, Catholic Charities, First 5 NfL and Interface Children and Family Services. On August 10, 2010 the City Council amended the action to allow staff to solicit construction bids, while still finalizing the MOD's. 92 Honorable City Council January 19, 2011 Page 2 On January 16, 2008, the City Council authorized using the Multiple Prime Construction Management method. Using this method, the City is taking the role of General Contractor, while hiring prime contractors to perform the different trade components of the work. For the RCHSC, initially the work was split into 16 trade packages, however, due to the limited amount of work associated with trade package #7 (Rough Carpentry), the decision was made to combine that package with trade package #12 (Finishes), leaving 15 total trade packages. DISCUSSION A notice inviting bids for the construction of the Ruben Castro Human Services Center was published on September 21, 2010 and September 28, 2010. A mandatory job walk was held on September 28, 2010 and October 5, 2010. A total of 75 contractors attended both job walks. Thirty-five bids for all 15 trade packages were received by the due date of October 21, 2010. The results are listed below, with the low bids highlighted in bold. #1 — Survey: No bids received This scope of work will be performed by the Construction Manager, Barnhart Balfour Beatty, as an Amendment to their contract. #2 — Grading and Paving Damar Construction, Inc. $411,431.00 J&H Paving $673,738.00 United Paving $665,950.00 #3 - Landscape and Irrigation American Landscape, Inc. $142,013.00 Pierre Sprinkler $118,500.00 Plowboy Landscape $192,454.00 #4 — Site Utilities and Building Plumbing HPS $842,956.00 J&H Plumbing $975,743.00 Precision Plumbing $767,223.00 #5 — Concrete, CMU and Site Furnishings Castaneda Construction $2,439,164.00 Santa Clarita $1,669,000.00 #6 — Structural Steel, Miscellaneous Metals, Metal Decking, Fences and Gates Steelcon $1,101,575.00 #7 — Rough Carpentry Combined with Bid Package #12 93 Honorable City Council January 19, 2011 Page 3 #87 Finish Carpentry, Casework DJ Kelly Enterprises $210,829.00 K&Z Cabinets $153,700.00 Lozano Casework $186,241.00 Stolo Cabinets $173,000.00 #9 — Roofing Best Contracting $343,161.00 Channel Islands Roofing $446,988.00 #10 — Sheet Metal Roofing Best Contracting $96,385.00 Merit Sheetmetal $44,900.00 #11 — Glass and Glazing, Aluminum Frames, Storefronts Best Contracting $253,800.00 Center Glass $198,000.00 Santa Barbara Glass $219,850.00 #12 - Finishes Frye Construction $2,249,300.00 SDI — Standard Drywall, Inc. $2,175,000.00 #13 - Flooring Reliable Floor Covering $332,960.00 #14 - Specialties DJ Kelly Enterprises $105,622.00 J. Pence Building Specialties $60,304.00 #15 — HVAC and Fire Sprinkler Environmental Air $753,000.00 Smith Electric $609,898.00 (bid withdrawn) United Mechanical $807,000.00 VACCO $801,222.00 #16 - Electrical CSI Electric $1,376,850.00 RDM Electric $980,500.00 Taft Electric $899,000.00 The low bidder for bid package #15, Smith Electric, withdrew their bid because the fire sprinkler subcontractor they listed has determined that they can not perform the work for the amount quoted in the bid and the resulting gap was too much for Smith to absorb. 94 Honorable City Council January 19, 2011 Page 4 Their withdrawal letter is attached to this report. The City's construction manager evaluated each proposal based on their completeness and cost. Two packages received only one bid: package # 6 (Structural Steel etc.) and package# 13 (flooring). No bid protests were received due to receiving only one bid and the City's construction manager feels that the bids are in keeping with the scope of the work of each package. In keeping with these recommendations, the responsible low bidders are: Package #1 — No bid received, estimated amount $60,000.00 Package #2 — Damar Construction $411,431.00 Package # 3 — Pierre Sprinkler $118,500.00 Package #4 — Precision Plumbing $767,223.00 Package #5 — Santa Clarita Concrete $1,669,000.00 Package #6 — Steelcon $1,101,500.00 Package #8 — K&Z Cabinets $153,700.00 Package #9 — Best Roofing $343,161.00 Package #10 — Merit Sheet Metal $44,900.00 Package #11 — Center Glass Company $198,000.00 Package #12 — SDI — Standard Drywall, Inc. $2,175,000.00 Package #13 — Reliable Floor Covering $332,960.00 Package #14 — John Pence Building Specialties $60,304.00 Package #15 — Environmental Heating and Air $753,000.00 Package #16 —Taft Electric $899,000.00 Total all bid packages $9,087,754.00 The City obtained two construction estimates from its construction management firm that placed a high estimate and low estimate on constructions costs, including 10% project contingency, at $11,851,000 on March 10, 2009 and $10,439,000 on September 16, 2009. As hoped, the favorable bidding climate resulted in bids coming in under estimates. Furthermore, it has been determined that all bidders possess the necessary qualifications, resources, and experience to perform the work. FISCAL-IMPACT The total costs for land acquisition, design, engineering, construction management and materials testing and inspection for the project are estimated to be $3,641,684.00. The total cost to construct the building per bids is $9,087,754.00 plus a 10% contingency of $908,775 for a total cost of $9,996,529. Permit fees and Art in Public Places expenses will total $440,683. The total project costs are expected to be $14,078,896. Approximately $1,772,381 of Community Development Block Grant (CDBG) Funding has been used to pay for land acquisition and architect and engineering services. The remaining $12,240,488 of project costs are proposed to be paid from MRA 2006 Tax Allocation Bond (TAB) Proceeds Fund (2905) and a loan from the Special Projects Fund (4004) up to an amount of$2,700,000. 95 Honorable City Council January 19, 2011 Page 5 Staff has budgeted $9,198,125 in MRA 2006 TAB Proceeds Fund (2905) in fiscal year 2010/11 for remaining soft costs and construction of the building. In addition to the loan from the special projects fund, mentioned above, the Redevelopment Agency Board was asked to approve an additional appropriation of $495,000 in order to use all the available MRA 2006 TAB Proceeds Funds for the project. At project completion, the County of Ventura will be purchasing Building A for a purchase price based on actual costs up to $5,600,000, which will cover the costs to construct Building A, 40% of the site improvements and pay for 40% of the construction management costs associated with that portion of the building. The current actual cost to construct Building A, based on the bids is $5,340,895. If change orders occur to the County portion of the work, there are enough additional County funds to cover these costs. The County funds will be held in a special escrow account. A separate item is being brought to Council regarding a loan from the City's Special Projects fund to cover approximately $2,700,000 in costs for Building A that exceed the funds available in the MRA 2006 TAB Proceeds Fund. Once Building A is completed the County will pay the City the actual costs to construct the building, up to $5,600,000, at which time the Special Projects fund and the MRA 2006 TAB Proceeds fund would be paid back. A summary of the project costs and funding sources is noted below: Line Items Project Costs Funding Sources Land/Design/Engineering/Construction Management $ 3,641,684.00 Building Construction $ 9,996,529.00 Permit Fees $ 301,741.00 Art in Public Places $ 138,943.00 Funds CDBG $ 1,772,381.00 FY 2010/11 MRA 2006 TABS Proceed (Fund 2905)" $ 6,965,620.00 Purchase of Building A by County $ 5,340,895.00 $ 14,078,896.00 $14,078,896.00 *represents actual costs of project to MRA 2006 TAB Proceeds Fund 2905, after payback by County. In the event that additional funds are needed for unforeseen additional costs outside the 10% contingency funds allocated to each bid package, a contingency of $183,000 has been included in the loan from the Special Projects Fund. These additional funds, would also be paid back when the County purchases Building A or with MRA 2006 TAB Proceeds Fund (2905), whichever is appropriate. STAFF RECOMMENDATION 1) Award bid for fifteen trade packages as outlined in the agenda report, and authorize execution of the Agreements by the City Manager, subject to final language approval by the City Manager and City Attorney; and 96 Honorable City Council January 19, 2011 Page 6 2) Authorize City Manager to approve change orders for each bid package up to the 10% contingency amount noted in each Agreement. Attachments — Bid Withdrawal Letter from Smith Electric Trade Contractor Agreements (see attached list) 97 ATTACHMENT LISTING All listed attachments have been provided to the City Council under separate cover. Attachment 1 — Smith Electric— Bid Withdrawal Letter TRADE CONTRACTOR AGREEMENTS Attachment 2 —Agreement - Damar Construction, Inc. Attachment 3 —Agreement— Pierre Sprinkler and Landscape Attachment 4 —Agreement— Precision Plumbing Mechanical Attachment 5 —Agreement — Santa Clarita Concrete Attachment 6-Agreement — Steelcon, Inc. Attachment 7 —Agreement— K&Z Cabinet Company, Inc. Attachment 8 —Agreement— Best Contracting Services, Inc. Attachment 9 —Agreement— Merit Metal Products, Inc. Attachment 10 —Agreement — Center Glass Company No. 9 Attachment 11 —Agreement— Standard Drywall, Inc. Attachment 12 —Agreement— Reliable Floor Covering, Inc. Attachment 13 —Agreement— John Pence Building Specialties, Inc. Attachment 14—Agreement— Environmental Heating and Air Conditioning, Inc. Attachment 15 —Agreement—Taft Electric Company 98 ATTACHMENT 1 ITEM 9.1"1. Smith - ELECTRIC SERVICE AI•elmakw slecMeal rrw„ra., 1340 West Betberavia Road•Santa Maria CA 93455.1143•TEL:805.621-5000•FAX:805-621-5050 To: Dennis Kuyendall Company: Barnhart Date: 10-22-2010 Project: Ruben Castro Human Service Center Subject: Withdraw HVAC Bid Mr. Kuyendall, We have been informed that the sprinkler subcontractor we listed for the Ruben Castro Human Service Center project cannot perform the work for the amount quoted at bid time. Unfortunately this leaves us no other options then to rescind our bid for this project as we cannot absorb the additional amount needed to complete this work. Therefore we are formally withdrawing our HVAC bid for the above mentioned project. Please call if you have any questions. Thanks. Sincerely, ._._ f fMichael Brannon President, Brannon Inc. dba Smith Electric ATTACHMENT 2 AGREEMENT BETWEEN THE CITY OF MOORPARK AND DAMAR CONSTRUCTION, INC., FOR BID PACKAGE #2 - GRADING AND PAVING AT THE RUBEN CASTRO HUMAN SERVICES CENTER 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Damar Construction, Inc., a California 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 Bid Package # 2 - Grading and Paving; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seg. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 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 Bid Package # 2 - Grading and Paving, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Erbie Daw, Jr., 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed four hundred eleven thousand four hundred and thirty-one dollars ($411,431.00) plus ten percent (10%) contingency of forty-one thousand one hundred and forty-three dollars ($41,143.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Erbie Daw, Jr., President Damar Construction, Inc. 4773 Ortega Street Ventura, California 93003 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 9 liquidated damages as defined in Section 10 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK DAMAR CONSTRUCTION, INC. By: By: Steven Kueny, City Manager Erbie Daw, Jr., President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage . Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform,within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR -Dw4g- Z#,4yr"c;mz),j , BID PACKAGE# 2- EAr�t wo�tc Q y,•,t4 all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 01 , DZ and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071) of said Owner for the sum of. SITE IMPROVEMENTS '411 4 31 ._.. SUBTOTAL BID: $ (Amount in Numbers) $ orxz- Fyte- vac .rE (Amount in Words) BUILDING"A" SUBTOTAL BID: $ A (Amount in Numbers) (Amount in Words) BUILDING"B" SUBTOTAL BID: $ '4/A (Amount in Numbers) (Amount in Words) TOTAL BID: $ 411 q31 (Amouna in Numbers) (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 t i Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors(Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is. attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all fisted subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to tLie undersigned at the address stated below: �77AMAP_. mq'Q-tlt>fl'yg -Tolby-s J �7V 14. The names of all persons interested in the foregoing proposal as principals are as follows: 919e:15- t7Aw tK� MAaS9ALL — FUN /'Ad Z— cam (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. -72.7.&52- Q Expiration Date 5131 1z class of license License No. Expiration Date class of license (, 90LC►16 It; W, Ca.• , the of the bidder, hereby certify under penalty of perjury under the laws of the State of 1 California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 12•ru day of at klarryo-4 County, California. Proper,!Name of Bidder PQ M AR- l.,o 4wsLVVr1,y,1 GR By .1' W J'2. Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 4773 D&r"A lir• ✓�.-�r . 64 93LYJ3 Place of Residence: ar,-4aay{ C4 Telephone: (S95) 664-8438 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 B1L"}B (7'o be Execufed by B/di er subrnitfed With;'aid,) KNOWALL IfIIEN BY THESE PRESENTS: that we Damar construction, inc: as Principal,and Western Surety company Surety, Are held and firmly bound unto the CITY OF MOORPARK,hereinafter called the CITY, in the sum of ten percen# (1`0°!°) OF THE TOT � AMOUNT Of THE BID of the Principal submitted to the said CITY for the work-described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs;executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated oct0er 21st , 2010,for RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# tOtl11, THEREFORE, if the Principal shall not withdraw' said bid within the period specified therein after the opening.'of the same, or, if rip period be specified within'ninety (90)days,after said opening; and;f the Prindpalis awarded the contract,and shall within the:period specified=therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance v�ith the bid as accepted and give bond math goad and suffidertt surety or sureties,as may be required, for the faithful performance::=and proper fUIfUment. of such contract, and for the payment for labor acrd.materials used for the perforp ante. of tf a contract, or,in the event of,the withdrawal .of saki bid within the panod specified:or, the failure to enter into such contract:and give such bonds within the time spefied;if the Principal shall pay the CITY°the difference between the I amount specified in said bid'and the am--count for which the CITY may procure the required work and/or supplies; if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shali be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change; extension of time, alteration'ar addition to the.terrns of the contractor the caff for bids, or to the work to be performed thereunder, or the specifications Accompanying the same, .shall in any way Affect,its obligation under this bond, and it does hereby waive notice of any such change, extension-of time, alteration or addition to the terms of said contract or the call.for bids,or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 ....................._........_..._...._..._..... r± xued hs,IN NTNFSS WHEREOF the parties iave e nstrument under their several seals,--this x3t da3i of M1,01 fh harne an&corporate seat of each corporate party .being tieretc� affixed and theme pesents. duty assigned by the tarndarslgned rep► ser�tative pl�rsuan#to±authority fl`�its gove nits faarty. (Corporate Sea]) Damar.Construction., Inc. Ph.cWr" Rv tl 7Rt�S t DEit 'f (Corporate Seal)' western Surety company Suret�l. Attorney in.fact (Attach Attomey in Fact'Certificate) Title_ftfxley nittell-Attorney in Fact Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 r iA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CmL CODE;1189 State of California County of Ventura On 10-13-2010 before me, Judith A. Beni tes , Notary Public , Date Here Insert Name and Title of the Officer personally appeared Shirley L i t t e l l Name(s)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by dtplTki A =MI S his/her/their signature(s) on the instrument the Conunisiion*1871651 z person(s), or the entity upon behalf of which the Imury p to-Commis person(s)acted, executed the instrument. Venwn County Cam, s Nfrt20.2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Signatur Place Notary Seal Above Si OPTIONAL re gnatu ofNcfaty W Public — Though the information below is not required by law,it may prove va 06le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: October 13 2010 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual ❑ Partner ❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here "Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Western—Surat; Company 0 2010 National Notary Association•NationalNotary.org•1.800-US NOTARY(1.800-876.6827) Item#5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Shirley Littell,Individually of Oxnard,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof;duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 13th day of July,2010. G. WESTERN SURETY COMPANY rl-Y 4't,9a ����� Paul .Bruftat,Senior Vice President State of South Dakota ss County of Minnehaha On this 13th day of July,2010,before me personally came Paul T.Bmflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires s"'""'`"'"""'""``""""`i r D. KRELL + November 30,2012 J/ NOTARY PUBLIC 8 � r SOUTH DAKOTA r 4�..rwh•.+�rrrtiew�.awrtirrrr Ila kiij, D.Krell,Norary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 3 t h day of O c t n h P_r 2Q10_ WESTERN SURETY COMPANY O anw' • L.Nelson,Assistant Secretary Form F4290-09-06 DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# Z - 5AQPfIwgnzY_ t 'FAdi..1L- In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %Of Subcontractor Type of Work Total Bid Business Location 5 5 Alt, av«en 23.51 C4L450566 GA ��I 9215 151614S ATA I J21,44 Not more than 50%of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors 2<,•li Proper Name of Bidder: —OA MARf 1 o,JW04iG17v.,t By: •E �+L1�•�r iM#rVA F Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 2— �P;r;4w RK 4 s7yo44 . State of California ) ss. County of "" I, Eae n5r IL24PJO being first duly swom, deposes and says that he or she is 1iAMtbExrr of 7, r4,4p, �•a�fr�rriv..t ,?—.t c __ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost f element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this (Z--N day of Arp5am_ 12010 at V d , California. Signature of Bid r Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 r Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# Z' 4PAi 4e, 4 FAn4 eg Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. ,(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon' furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Compan Name-DgM A R- Cro..cg1'2,Jfi'T't On.4 Z..�c Signature Title Vw,1 2v M (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Contractor's License Detail - License # 722632 DISCLAIMER:A license status c ec��dethe following.taken from.the CSLB license database.Before relying on this information,You should be �>CSLB complaint disclosure is restricted by law(B&P 7124.61 if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per RAP 7071.17,only construction related civil judgments reported to the CSLB are disclosed. N Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 722632 Extract Date: 10/2212010 DAMAR CONSTRUCTION INC 4773 ORTEGA STREET Business Information VENTURA,CA 93003 Business Phone Number.80 654-8438 E Corporation Issue Dams 05/13/1996 Expire t 05131/2012 License Status This license is current and active.All Information below should be reviewed. Additional Status: CLASS DESCRIPTION ClassMcations: A . a. ccRING CONTRACTOR CONTRACTOR'S BOND This license filed Contractors Bond number 895762C in the amount of$12,500 with the bonding company �nFa�NITY COMPANY CiF t'ALIFORNIA. Effective Date:01/0112007 f nntractors Bondino History Sondingc BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMQ, MARSHALL MICHAEL THOMAS certified that he/she owns 10 percent or more_of the voting S10c.Jequity of the corporation.A bond of qualifying Individual is not,squired. Effective Date:05/13/1996 _ BQI's Bondina HistoN This license has workers compensation insurance with the EVEREST NA11ONAL INS URANCE COMPANY Policy Number:7600001152101 Workers'Compensation: Effective Date:02/01/2010 Expire Date:02/01/2011 Workers'f nmOEnSation HIStON Personnel listed on this license(current or disasaodatad)are listed on other licenses. Conditions of Use I Privacy Policy Copyright®2010 State of California .;.IT;PPTiepTi/T.it•.Pnsel)etail.ast)x?LieNum=7... 10/22/2010 ATTACHMENT 3 AGREEMENT BETWEEN THE CITY OF MOORPARK AND FYR LANDSCAPING, INC., dba PIERRE SPRINKLER AND LANDSCAPE, FOR BID PACKAGE #3 - LANDSCAPE AND IRRIGATION AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and FYR Landscaping, Inc., a California corporation, dba Pierre Sprinkler and Landscape ("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 Bid Package # 3 - Landscape and Irrigation; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 3 - Landscape and Irrigation, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Joseph J. Lowden, III, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed one hundred eighteen thousand five hundred dollars ($118,500.00) plus ten percent (10%) contingency of eleven thousand eight hundred and fifty dollars ($11,850.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Joseph J. Lowden, III, President FYR Landscaping, Inc. dba Pierre Sprinkler and Landscape 612 South Myrtle Avenue, Suite 100 Monrovia, California 91016 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or,contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 9 liquidated damages as defined in Section 10 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK FYR LANDSCAPING, INC. dba Pierre Landscape and Sprinkler By: By: Steven Kueny, City Manager Joseph J. Lowden, III, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform,within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR FYR Landscaping dba Pierre Sprinkler&Landscape BID PACKAGE# #3 Landscape&Irrigation all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 1 , 2 , _, and , on file at the office of the Architect (HMC Architects 633 W. 5 ' St. LA CA 9007 1) of said Owner for the sum of: SITE IMPROVEMENTS l CJ SUBTOTAL BID: $ 00 (Amoount in Numbeffs) ✓L° LYIA Sr., (Amount in Words) BUILDING "A" SUBTOTAL BID: $ (Amount in Numbers) (Amount in Words) BUILDING "B" SUBTOTAL BID: $ (Amount in Numbers) $ (Amount in Words) TOTAL BID: $ l r 00 $ (Afn N�mbe s)�. V'e (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: Joseph J.Lowden 111 President Go Pierre Sprinkler&Landscape 612 South Myrtle Ave Ste 100 Monrovia CA 91016 14. The names of all persons interested in the foregoing proposal as principals are as follows: Joseph J.Lowden III President/Secretary (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 638989 Expiration Date 3/31/12 , class of license A C-27 License No. Expiration Date , class of license 1, Joseph J. Lowden III the President Of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 20 th day of October 2010 at Los Angeles County, California. Proper Name of Bidder FYR Landscaping dba Pierre Sprinkler&Landscape By Joseph J.Lowden III Signature of Bidder NOTE: if bidder is a rporati the gal name of the corporation shall be set forth above together with #h a ures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address:612 South Myrtle Ave Ste 100, Monrovia Ca 91016 Place of Residence: Monrovia, California Telephone: (6i6-) 239-3927 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bid) FYR LANDSCAPING, INC. dba KNOW ALL MEN Y THESE PRESENTS: that we PIERRE SPRINKLER AND LANDSCAPE as Principal, and , °J&a WLIgrety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of teen percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated october 21 , 2010, for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 3 -- Landscape & Irrigation NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified,within ninety (90) days after said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specked or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former,together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call forbids, or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 21st day of October ' 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party. FYR LANDSCAPING, INC. dba (Corporate Seal) PIERRE SPRINKLER .,AND f�ANDSCAPE Principal By Jos J. vwden, III INTERNATIONAL FIDELITY (Corporate Seal) INSURANCE COMPANY Surety By- 'L'=- Att ' , in Fact Greg Aetti er (Attach Attorney in Fact Certificate) TitR.O.I. License_No. OB52 655 Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND COLORADO STATE OF Z r=OR= ) COUNTY OF DENVER ) SS. CITY OF DENVER ) On this 21st day of October , 20 10 , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, Gregory Hettinger known to be INTERNATIONAL FIDELITY the Attorney-In-Fact of and the said Company duly INTERNATIONAL FIDELITY acknowledged to me that subscribed the name of TNsURANc!F comp}n hereto as Surety and own as Gregory Hettinger IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. ►�tt3ARETA: RASA IIA NOTARY PUBLIC rt STATE OF COLORADO Marga et Rosa Notary Pub4c My State of Colorado Ruben Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 o Tel(973)624-7200 POWER OF ATTORNEY VC."P,­YC71 V ROME OFFICE:ONE NEWARK CENTER,20M FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND1MEPJCONSENTS/AFkPAWrS KNOW ALL MW BY THESE PRESENTS: That PMONA71ONAL FIDELITY INSURANCE COMPANY, a CMPOmti=organized and existing laws of the State of New Jersey.and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint ....................................................................... GREGORY HETnNGF.R Aurora, CO. ............................................................................................................................................................... ......................... ......... its true and lawful attorneys-in-fact to execute,seal and deliver for and on its behalf suretyL an�and all bonds and undertakings,contacts of indemnity and an law,stature,rule, e and other writings obligator as 'L Ize said H T NAL contract ROWE y m the nature thereof,which am or may be allowed,requited r the execution of such instrutuent(s)-in pursuance of these presents, shall t iisbc�A�mgupou INTERN _ffktio�Altact or 01b COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at in principal office. This Power of Attorney is executed;and may be revoked pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Direct=of IN'11WATIONAL FIDELITY COMPANY at a meeting called and held on the 7th day of February.1974. The President or any Vice President Executive Vice President,Secretary or Assistant Secretary,shall have power end authority (1)To appoint Attorneys-in-fact,and to antliorize tizern to execute on behalf of the Company,and attach the Seal of the Company thereto,bands and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney4n-fact and revoke the authority even. Further.this Power ofAttoracy is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly;ZWU and held on the 291h day of-April,1982 of which the Mowing is a true excerpt: Now therefore the signatures of such officers and the seal of the Company such power of attorney or an arms thereto by parry may be affbw to any y certificate rel facsimile,and any such power.of attorney or certificate bearing such hisimile&,Vaum or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by flicsimile signatures and facsimile sad shall be valid and binding upon the Company in me Untre with respect to any bond or undertaking to which it is attached. IN TEsTjmoN-y vmEop,u?muujjONAL FIDELITY INSURANCE NSURANCE COMANY has caused this instrument to be signed and its corporate sad to be affixed by its authorized officer,this 16th day of October,A.D.2007. INTERNATIONAL FIDELI'T'Y INSURANCE COMPANY c= r" SEAL c- STATE OF NEW JERSEY 19M County of Essex Secretary On this 16th day of October 2007 before me came the individual who executed the ft all and, being by sworn,said the he is the therein descnit;;d and authorized officer of the MTUNAir(o)eNCALWIElLmrmryrLvs&jWc;'C'90Z ;*,tthe,WafmHxeddu1tyo said instrument is the Corporate Seal of said Company;that The said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company: OAR IN TESTIMONY VEIEREOP,I have hereunto set my hand affixed my Official Seat, at the-City of Newark,New Jersey the day and year first above written. CQ NOTARY 0 PUBLIC A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 L the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and-affidavit,and the copy of the Section of the By-laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON -IN=HONE OFFICE OF SAID COMPANY,and that the same am correct transcripts thereof,and•of the whole of the said migiulls,and that the said Power of Ammey has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 21 at. dAy of October 2010. Assistant Secretary DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# #3, Landscape&Irrigation In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-.half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall-only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 % of Subcontractor Type of Work Total Bid Business Location N/A Not more than 50% of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors 0% Proper ame of Bidder: FYR Lands 'ng dba Pierre Sprinkler&Landscape By: Joseph J. Lowden III President Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# #s, Landscape&Irrigation State of California ss. County of Los Angeles I Joseph J.Lowden III being first duly swom, deposes and says that he or she is President of FYR Landscaping dba Pierre Sprinkler&Landscape the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20th day of October , 2010 at Monrovia , California. Sig attire Joseph J. Lowden III President Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 HEATHER L.OHM ComnMtslon*1837 ry Publk• Cava" Los kqft c"" Comm. fib 2018 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# #3,Landscape&Irrigation Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name FYR Landscaping dba Pierre Spri ler&Landscape Signature K�� --�V osep a .. Title Presiders (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 1 ! t� ttt A7. r�sllrlt' ffatt rid Contractor's License Detail - License # 638989 ADISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. 3'Per S&P 7071 17,only construction related civil judgments reported to the CSLB are disclosed. 4 Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. �>Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 638988 Extract Date: 10/22/2010 F Y R LANDSCAPING INC —� dba PIERRE.SPRINKLER AND LANDSCAPE Business information 612 SOUTH MYRTLE AVENUE SUITE 100 MONROVIA,CA 91016 Business Phone Number(626)2393927 Entity: Corporation - Mug Data —___—_03/09/1992 -- Expire oats 034112012 License Status This license is current and active.All information below should be reviewed. AddWonal Status: CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR C27' LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number 0515026 in the amount of$12,500 with the bonding company INTERNATIONAL FIDELITY INSURANCE COMPANY. Effective Date:07/22/2010 Contractor's Bonding Hlstow Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)YOUNG HAROLD FRANKLIN II certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual Is not required. Effective Date:03/09/1992 _ BOI's Bonding History .� This license has workers compensation Insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WSD216282603 Workers'Compensation: Effective Date:04/01/2010 Expire Date:04/01/2011 Workers'Compensation HIS10N Personnel listed on this license(current or disassociated)are listed on other licenses. conditions of Use I Privacy Policy Copyright m 2010 State of Catifomia https://www2.cslb.ca.gov/OnlineServices/CheekLicenseIl/LicenseDetail.aspx?LicNum=6... 10/22/2010 ATTACHMENT 4 AGREEMENT BETWEEN THE CITY OF MOORPARK AND JOHN S. BASCOM, INC., dba PRECISION PLUMBING MECHANICAL, FOR BID PACKAGE #4 - SITE UTILITIES AND BUILDING PLUMBING AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and John S. Bascom, Inc., a California corporation, dba Precision Plumbing Mechanical ("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 Bid Package # 4 - Site Utilities and Building Plumbing; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 4 - Site Utilities and Building Plumbing, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 John S. Bascom, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 seven hundred sixty-seven thousand two hundred and twenty-three dollars 2 ($767,223.00) plus ten percent (10%) contingency of seventy-six thousand seven hundred and twenty-two dollars ($76,722.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. 7 Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: John S. Bascom, President John S. Bascom, Inc. dba Precision Plumbing Mechanical 5350 Gabbert Road Moorpark, California 93021 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 8 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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 9 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK JOHN S. BASCOM, INC. dba Precision Plumbing Mechanical By: By: Steven Kueny, City Manager John S. Bascom, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. EXHIBIT B 4 DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR Precision Plumbing-Mechanical BID PACKAGE# 4 all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 1 , 2 ,N/A ,jL/A,N A , and N/A , on file at the office of the Architect MC Architects 633 W. 5th (H St. LA CA 90071) of said Owner for the sum of SITE IMPROVEMENTS SUBTOTAL BID: $ 278,827.00 (Amount in Numbers) $ Two Hundred Seventy Eight Thousand Eight Hundred Twenty Seven & (Amount in Words) No/10 0 BUILDING "A" SUBTOTAL BID: $ 245,648.00 (Amount in Numbers) $ Two Hundred Forty Five Thousand Six Hundred Forty Eight & N01100 (Amount in Words) BUILDING "B" SUBTOTAL BID: $_.242,748.00 (Amount in Numbers) $ Two Hundred Forty Two Thousand Seven Hundred Forty Eight & N01100 (Amount in Words) TOTAL BID: $ 767,223.00 (Amount in Numbers) $ Seven Hundred Sixty Seven Thousand Two Hundred Twenty Three & (Amount in Words) N01100 Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 e Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. -By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 e 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: 5350 Gabbert Rd. Moorpark, CA 9 14. The names of all persons interested in the foregoing proposal as principals are as follows: John S. Bascom, President Kathleen L. Bascom, Secretary Treasurer (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 533836 Expiration Date 6-30-2012 , class of license C36 License No. Expiration Date , class of license 1, John S. Bascom , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 21 st day of October 2010 at Ventura County, California. Proper Name of BidderJohn S. Bascom Inc. dba Precision Plumbing-Mechanical By John B c Signature of Bidder , NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 5350 Gabbert Rd. , Moorpark, CA 93021 Place of Residence: 12455 Misty Grove, Moorpark, CA 93021 Telephone: (a 65) 529-4748 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 BID BOND (To be executed by B/dder and submitted with Bid) John S. Bascom Inc. DBA KNOW ALL MEN BY THESE PRESENTS: that we Precision Plumbing Mechanical as Principal,and ,Surety, ontractors on ing and Insurance Company Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY,in the sum of ten percent(10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 , 2010,for RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGES 4 NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified,within ninety (90)days after said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (6) waking days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter Into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specfiied in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former,together with all casts incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain In full force and virtue_ Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or the call for bids,or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work,or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 4 BID BOND Sontinuled IN WITNESS WHEREOF, the parries have execwted this instrument under their several seals this 11th day of October , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its govemirt par Jo n S.Bascom, Inc. DBA (Corporate Seal) Precision Plumbing Mechanical Principal John S. Bascom Title President (Corporate Seal) Contractors Bonding and Insurance Company Surety By. AftDmq in Fact (Attach Attorney in Fact Certificate) Title Megan B. Gaines,Attorney-in-fact Ruben Castro Human Services Center 00414 Bid Bond City of Moorpark Page 2 of 3 *Please see attached acknowledgment FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF )SS. *(Please see attached Acknowledgement. ) CITY OF ) On this day of , 20 , before me,the undersigned,a Notary Public in and for said County and State, residing herein, duly commissioned and swom, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 s, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura _ On October 11,2010 before me, Jodie Lee Si )an,Notary Public Date Hem fterl Name and rifle of the OHioer personally appeared Megan B.Gaines a of s g> who proved to me on the basis of sadsbctory evidence to be the person(s)whose name(s) islaye sdx=bed to the within instrument and acknowledged to me that Wshe/they executed the saute in hWhedtHbir authorized JODIE LEE SCZEPAN capacity(it ), and that by hWher/dieir signature(s)on the Commission#1779088 instrument the person(d), or the entity upon behatf of Notary Public-California i which the person(s)acted,executed the instrument. z] Ventura County F�-.•vwv My Comm.Expires Nov 9,2011 i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE hand and official seal. Signs re 1, .( Phm Notary Sol Abov# Slgnawre of Not adb OPTIONAL Though the information below is not ralvired by law,R may prove valuable to persons relying on the document and could Preventfiaudulent removal and reattachment of this torn to another document. Description of Attached Document Tide or Type of Document: Bid Bond Document Date: October 21,2010 Number of Pages: Signer(s)Other Than Named Above: Capacity(hw)Claimed by Signers) Signet's Name: Signer's Narne: ❑ Individual ❑Individual ❑ Corporate Officer—Tdle(s): ❑Corporate Officer—Title(s): ❑ Partner—❑limited ❑General ❑Partner—❑Umited ❑General M Attorney in Fact O Attorney in Fact WOO tare 0 Trustee TOP of tt>ume hie ❑Trustee O Guardian or Conservator ❑Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer Is Representing: Contractors Bonding and Insurance Company 02007 Nadonat Notary Association-M0009 Sob Ave..P.O.eon 2402-Chatwto h,CA 8131 3-2402•www.NadonalNOtaryorg Item#5907 Peoder:Ce1 To8-Free t-800.97&6827 ' Mil iark Mi AL citu All z r",i bN I W, All Alky I "Pow tb Moll kgK .11 =Aili Al ... .1 1* JOE Roe lftl I wL ,.! PF ffe gnu un be Wn M7 i7 DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 4 In compliance.with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Pagel of 2 % Of Subcontractor Type of Work Total Bid Business Location 15960 Downey Ave. #A Kerco, Inc. Pipe insulation 2% Paramount, CA 90723 D.E. Eddings Excavation 2% P.O. Box 821 Acton, CA 93510 Sierra Commercial BIM coordination 1 % 663 E. Cochran St. Plumbing, Inc. drawings Simi Valley, CA 93065 KMA Trucking Haul off of spoils 0.5% P.O. Box 623 Newbury Park, CA 91319 3255 Grande Vista Dr. R-Help Construction Site utilities 35% Newbury Park, CA 91320 Not more than 50%of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors 40.5% Proper Name of Bidder: John S. Bascom Inc. dba Precision Plumbing-Mechanical By: John S. Bascom, President Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 SUBCONTRACT'OIr INFORMATION PRECISION PLi1MBINGM: EC-MI&NICAL Kerco: Inc. (pipe insulation) 15960 Downey Ave.#A Paramount,CA 9.0723 Phone:(562)630-7575 Fax: (562)630-7576 License 4608312 D F.:Ld&gs(excavation) P.O.Box 821 Acton,CA 9351.0 Phone:.(66l).268-4445 Fax: (66:1)268-0580 License 4432568 Sierra Commercial Plumbing,Inc, (BIM coordination drawings) 663 E. Cochran St::. Simi Valley,CA 93065' Phone:(805)527-91.17 Fax: (805)527-9229 License#710326 K1VIA Trucki I(haul off of spoils) P.O.3,ox.623. Newbury Park,EA 91319 Phone:(805)480.3.578 Fax: (805)480-0759 License##632293 California perm it#354847 R-Help Construction Co.,Inc. (site utilities) 3255 Grand,e Vista Dr. Newbury Park,CA 91320 Phone:(805)499-5112 Fax: (805)375-2577 License#673147 y 4 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 4 State of California ) ) ss. County of Ventura ) I, John S. Bascom , being first duly swom, deposes and says that he or she is President of Precision Plumbing-Mechanical the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21st day of October , 2010 at Moorpark , California. Signature of Bidder John S. Bascom Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 CALIFORNIA JURAT WITH AFFIANT STATEMENT BeS'ee Attached Document(Notary to cross out lines 1-6 below) ❑ See Statement Below(Lines 1-5 to be completed only by document signer[s], not Notary) 2 5 ivl Signature of Document Signer No.1 Signature of Document Signer No.2(it any) State of Californ County of Subscribed and swom to (or affirmed)before me on this day of 20 Q by Data Year Name of Signer JIM INOMM proved to me on the basis of satisfactory evi ence C-0-0 111-A-0-a—*I 9SO-9 to be the person who appeared before me PtfONe- VM Mrrs GeV* C461L figim May 18,2013 Name of Signer proved to me on t e basis of satisfactory evidence to be the person w appeared b me. Signature Jim: Signature Of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: r of Pages: Signer(s)Other Than Named Above: 02007 National Notary Association-9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NaUonalNotikry.org Item 85910 Reorder.Cell Toll-Free I-800-876-6827 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS'COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# 4 Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name Precision Plumbing-Mechanical Signature 1/ ViI-J John S. Bascom Title President (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark . Page 1 of 1 utiecx a License- LOntractors Mate License board Page 1 of 1 Contractor's License Detail - License # 533836 DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. ••o CSLB complaint disclosure is restricted by law(5&e 7124_8)if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. ••»Per B&P 7071.17,only construction related civil Judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 533836 Extract Date: 10/2212010 JOHN S BASCOM INC DBA PRECISION PLUMBING MECHANICAL Business Information M S350 GABBEkT RD ORPARK,CA 93021 Business Phone Number.805 529-4748 Ent/!y: Corporation Issue Date oar"1988 Dap 06130/2012 License status This license is current and active.All information below should be reviewed. Addldonal Status: CLASS DESCRIPTION Classitleations: C36 PLUMBING CONTRACT'OR'S BOND This license filed Gontractoes Bond number CF2252 in the amount of$12,500 with the bonding company C�ONTDACTORS BOh'21^I�AND INSURANCE COMPANY, Effective Date:06/3012010 Contractor's Bonding HI story - - Bonding: BOND OF QUALIFYING INDit/IDUAr. 1. The Responsible Managing Officer'PMO)BASCOM JOHN STEPHEN certified that he/she owns 10 percent or more of the voting stock/equity,of the corporation. A bond of qualifying individual is not required. Effective Date:06/30/1988 _ BQI's Bonding History This license has workers corMponsation insurance with the AMERICAN ZURICH INSURANCE COMPANY Policy Number:WCO284083502 Workers'Compensation: Effective Date:07/01/2010 Expire Date:07/01/2011 Workers!Cgmpen_-abon History. conditions of Use I Privacy Policy Copyright 0 2010 State of California ATTACHMENT 5 AGREEMENT BETWEEN THE CITY OF MOORPARK AND SANTA CLARITA CONCRETE, FOR BID PACKAGE # 5 - CONCRETE, CMU, AND SITE FURNISHINGS AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Santa Clarita Concrete, a California 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 Bid Package # 5 - Concrete, CMU, and Site Furnishings; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 5 - Concrete, CMU, and Site Furnishings, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by City's Construction Manager. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Eric Stroh, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 one million six hundred sixty-nine thousand dollars ($1,669,000.00) plus ten percent (10%) contingency of one hundred sixty-six thousand nine hundred dollars ($166,900.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Eric Stroh, Vice President Santa Clarita Concrete 16164 Sierra Highway Santa Clarita, California 91390 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK SANTA CLARITA CONCRETE By: By: Steven Kueny, City Manager Eric Stroh, Vice President Attest: Maureen Benson, City Clerk EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. `A EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR 4t v-4r, C (.a4 re�c BID PACKAGE# cr v lit fi4 r)-; all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos.,, A ,_, and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071)of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ �� Ol7 QDO • 0o Amount in Numbers) $ QrtvcA �1y. �n0 d►A t . (Am bunt in Words) BUILDING "A" SUBTOTAL BID: $ 0-0 tQ.l t�Ot�,� ( oun "n Numb ers), (Amo nt A Words) BUILDING "B" SUBTOTAL BID: $ �Q`'�'�-I ,M)b - LA • � �c� � ( moult in Numbers) � S i (Amount in Words) TOTAL BID: $ mu . TO • T(Amo nt in Numbers) $ (k�t� s�lw�.�,CII.S�llalt. (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 m Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the updersigned at the address stated below: r+c h*V A 14. The names of all persons interested in the foregoing proposal as principals are as foll9ys. yr c .5W-D), (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 50 1 tote Expiration Date 4 3o ao /. , class of license License No. Expiration Date , class of license I L-Ir) c 3+r()k -, the �1 CJ Pt of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. t..os "ae3 Executed on this Z/ day of at -tG35W 9A5 County, California. Proper Name of Bidder 4,14Z By E•c I c -9-I'ia+- Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: l to 4 do r,-r- ri�t, 6 fav eA --d 1,i o Place of Residence: S� Telephone: (l-cr) ash._.c,/- END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bid) KNOW ALL MEN BY THESE PRESENTS: that we Santa Clarita Concrete as Principal, and Western Surety Company as Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 , 2010, for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 5 - Concrete, CMU, Site Furnishing NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after said opening; and if the Principal is awarded the contract, and shall within the_period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CiTY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 14th day of October ' 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its goveming party. (Corporate Seal) Santa Clarita Concrete Principal BY Title Vi C-F ?Af9rPe`JT (Corporate Seal) Western Surety Company Surety B y in Fact (Attach Attorney in Fact Certificate) Title William Syrkin,Attorney-in-Fact Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND >K' ***See Attached Surety Acknowledgement` STATE OF CALIFORNIA ) COUNTY OF ' ) SS. CITY OF ) On this day of _ , 20(o , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, _ known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint William Syrkin,Sergio D Bechara,Margaret Gilmore,Rebecca Haas-Bates,Individually of Irvine,CA,its true and lawful Attomey(*in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of March,2010. Dior, WESTERN SURETY COMPANY �vo N oaf Paul .Bmflat,Senior Vice President State of South Dakota ss County of Minnehaha On this 8th day of March,2010,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires + i D. KRELL i November 30,2012 j/ NOTARY PUBLIC r SOUTH DAKOTA(RS j +�++S�+Y4h4tiY44bti4446Msbb4+ 7"1 D.Krell,No ary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14th day of October 2010 RO,.���$ WESTERN SURETY COMPANY O }i< ♦ C p4 fi �'ryroa�� Form F4280-09-06 L.Nelson,Assistant Secretary • 1 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/14/2010 before me, A.Wilkison,Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Names)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(6)whose names) is/am subscribed to the within instrument and acknowledged to me that he/sheMey executed the same in his1heW*i& authorized capacity(ies), and that by his/1480hlBi,F signature(4 on the instrument the person(*, or the entity upon behalf of which the person(sj acted, executed the instrument. A.WILKISON -Q ssion Commi #1866283 I certify under PENALTY OF PERJURY under the laws z Notary Public-California z Orange County n of the State of California that the foregoing paragraph is My Comm.Expires Sep 26,2013 true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above �� -Signature of Notary Public OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10/14/2010 Number of Pages: Three(3) Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: 0 Individual 0 Individual Corporate Officer—Title(s): 0 Corporate Officer—Title(s): j Partner—O Limited O General r Partner—❑ Limited ❑General El Attorney in Fact D.Attorney in Fact D Trustee Top of thumb here G Trustee Top of thumb here Guardian or Conservator LD Guardian or Conservator Other: O Other: Signer Is Representing: Signer Is Representing: Westem Surety Company ®2007 National Notary Association-9350 De Soto Ave..P.O.Sox 2402•Chatsworth,CA 91313.2402•www.Natlonaftlaryorg Item 85807 Reorder:Call Toll-Free 1-eoo-a76.0827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California County of n AP�On / - / /a before me, fi t Date Here Insert Name and TiV the Officer personally appeared oe')Ff C Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,sj whose name(s�'is/are- subscribed to the within instrument and acknowledged to me that he/shai4l"T executed the same in his/he*tdr authorized capacity(i*, and that by RAMESH KOHLI his/heAheir signature(e'j on the instrument the Commisslon#1894968 person(s), or the entity upon behalf of which the 4 Notary Public-California z personJs)-acted, executed the instrument. = Los Angeles County M Comm - Ires Au 6,2-- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI4uale iciai seal. Sig Plaaie Notary Seal Above ure of Notary Public OPTIONA Though the information below is not required bylaw,it m relying on the document and could pre vent fraudulent removal and reattachment of this form to another document. Description of Attached DocumenA-,p . Title or Type of Document: Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual • Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here • Attorney in Fact ❑Attorney in Fact • Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 4 ') 4 y ®2009 National Notary Association•NationalNolary.org•1.800-US NOTARY(1.800-876.6827) v Item#5907 4 DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 5 — e MGrctt. , C M U , 19 Ite F7.t.rn t Sly► In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in.an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 % of Subcontractor Type of Work Total Bid Business Location 1 `✓ `� % RUC{InArd n� C4 % N�wbu AA-C C Not more than 50%of work shall be performed by Subcontractors(Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors Proper Name of Bidder: By: Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE#_S- ern emu, L, burn State of California ) ) ss. County of �'0 s AY1 4'0 ,_) being first duly sworn, deposes and says that he or she is Utc.0 of 15 8--ArZ4 e-A o titt- C6VUCP—Z' the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced qr solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of O0-7 �"� , 2010 at .� G , California. Signature of Bidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 CALIFORNIA JURAT WITH AFFIANT STATEMENT 1-Asee Attached Document(Notary to cross out lines 1-6 below) 0 See Statement Below(Lines 1-5 to be completed only by doc ent signer[s], not Notary) 2 4 . 5 Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of Californi County 0 Subscribed and sworn to(or affirmed) before me on this C /5- day of 0 202n_ by Date Month Year (1) n Afek_ &44 -, Name of Signer proved to me on the basis of satisfactory evidence RAMESH KONLI be the person who appeared before me Commission#1894968 z s Notary Public-California (and Los Angeles County — z MY Comm.Expires Aug 6,2014 (2) Np%of Signer proved to me on A*—,basis of satisfactory evidence be the persojn ,�Wpeared befoEre Port Af Sign Signature of Notary Public Place Notary Sea]Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Top of thumb here Top of thumb here Further Description of Any Attached Document A&Title or Type of Document: A C&&A4f 01 Document Date: Number of Pages: Signer(s)Other Than Named Above: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402•www.NadonaiNotaryorg Rem#5910 Reorder:Cal Toll-Free 1-900-876-6827 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# '57— erYIC rC kA� . C h7 U L SL' l 1 ''n I s k n� Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name A V A C WH� ClMCre' Signature, Title V, G E" (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 1 Department of Consumer Affairs � z Contractors State Li a ord Contractor's License Detail - License * 381605 DISCLAIMER-A license status check provides information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. •0 CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per S&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. P Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ••)�`Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 381605 Extract Date: 10/22/2010 SANTA CLARITA CONCRETE 16164 SIERRA HIGHWAY Business Information SANTA CLARITA,CA 91390 Business Phone Number:(661)252-2012__­_­___1_._____.__ Entity. --.— Corporation Issue Date 09/2011979 Expire Date — 04130/2012 License Status This license is current and active.All information below should be reviewed. Additional Status: CLASS DESCRIPTION Classifications: B_ _GENERAL BUILDING CONTRACTOR C-8 CONCRETE CONTRACTOR'S BOND This license filed Contractor's Bond number SC193946 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:03/0212009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)CRAWFORD DAVID WAYNE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date:10/01/1981 B01's Bonding History ----....... — ------ --- _ --- --- - --- - This license has workers compensation insurance with the GRANITE STATE INSURANCE COMPANY Policy Number.002887635 workers'Compensation: Effective Date'01/01/2010 Expire Date:01/01/2011 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=3... 10/22/2010 ATTACHMENT 6 AGREEMENT BETWEEN THE CITY OF MOORPARK AND STEELCON, INC., FOR BID PACKAGE # 6 - STRUCTURAL STEEL AND MISCELLANEOUS METALS, AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Steelcon, Inc., a California 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 Bid Package # 6 - Structural Steel and Miscellaneous Metals; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 6 - Structural Steel and Miscellaneous Metals, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Dossie Norris, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed one million one hundred one thousand five hundred and seventy-five dollars ($1,101,575.00) plus ten percent (10%) contingency of one hundred ten thousand one hundred and fifty-eight dollars ($110,158.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City of Moorpark, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Dossie Norris, President Steelcon, Inc. 2677 South Chestnut Avenue Fresno, California 93725 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 9 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 Section 10 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK STEELCON, INC. By: By: Steven Kueny, City Manager Dossie Norris, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO. CITY OF MOORPARK, acting by and through its Governing Board, herein called the "Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is i to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the i contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR Steelcon, Inc. BID PACKAGE# #6 Structural Steel k Mi sr— Metals . Metal necking, Fences and Gates all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 1 , 2 , and , on file at the office of the Architect (HMC Architects 633 W: 5th St. LA CA 90071) of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ 133,695.00 (Amount in Numbers) $ One Hundred Thirty Three Thousand Six Hundred Ninety-Five (Amount in vvoras) . BUILDING "A" SUBTOTAL BID: $ 327 630 00 (Amount in Numbers) $ --Three Hundrgd Twenty Seven Thousand Six Hundred Thirty (Amount in Words) BUILDING"B" SUBTOTAL BID: $ 640 250 00 (Amount in Numbers) $ Six Hundred Feurt Ad Pi fty (Amount in Words) TOTAL BID: $1,1Il1_r575 00 (Amount in Numbers) $ One Million One Hundred One Thousand Five Hundred Seventy Five (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: Steelcon, Inc. Chestnut ve Fresno,• A 14. The names of all persons interested in the foregoing proposal as principals are as follows: Steelcon, Incorporated Dossie Norris, President Charles L Norris---.Sr. ice- rest en (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 4 3 5 4 31 Expiration Date 02/28/2011 class of license C51 License No. Expiration Date , class of license ( Dossie Norris ,the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 18 day of October at Fresno County, California. Proper Name of Bidder Rteelcon, incorporated By Dossie Norris, President Signature of Bidder -i ae� NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 2677 S. Chestnut Ave Fresno, CA 93725 Place of Residence: 7400 S McCall Ave Selma, CA 936.62 Telephone: (.55 4 266-3823 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 Proper Name of Bidder: Steelcon,Incorporated By: Charles L Norris Sr Vice-Presiden By: Melissa Franco,Financial Officer c, i DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bid) KNOW ALL MEN BY THESE PRESENTS: that weSteelcon. Inc. as Principal, and The HmOver k0z'wm Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 , 2010,for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# #6 NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 19th day of October , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party. (Corporate Seal) Steelcon, Inc. Principal Title Pr&- (Corporate Seal) The HanaAe Insurance Grow Surety By tto ey in Fact (Attach Attorney in Fact Certificate) Title Justin Smit Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of -, 20 , before me, the undersigned, a Notary Public in and for said Cou and State, residing herein, duly commissioned and swom, personally appe d, known to be the of d the said duly acknowledged to me that subscri d the name of hereto as Surety and own IN WITNESS WHE OF, I have hereunto set my hand and affixed my official seal the day and year in th certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Fresno On p before me, Roberta Voss Notary Public ere a Name and ol the Ofter personally appeared Justin smit Nt1me(s)01 Slpner(s) who proved to me on the basis of satisfactory evidence to be the person(jo whose name(4 IsMiLsubscribed to the within Instrument and admowied ed to the that h executed the same In hia/ authofted capao ROBERTA V.OSS and that by hi signatur on the instrument the " COMM.#1874218 persons or the ant upon beha of which the personQ�I NOTARY PUBLIC-CALIFORNIA ; aoted,executed the Instrument. FRESNO COUNTY M Comm.Expires January 19,2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ham and official seal, Signature Place Notary 5ed Above l Notary Public OPTIONAL Though the Information below Is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document, Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate officer—TTtie(s): ❑ Corporate Officer Title(s)' ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb b here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 Novanal Notary Aesodatlon•9959 Do Soto Ave.,P.O Bat 2402•Chatsworth,CA 91313-2402-xnver.NaaonetNotaMotg Item mew Power.CeNT&tea 1.800-878.6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 1025,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Matt DeFendis, Justin Smit, Roberta Voss, Ann M. Ferguson, Mary Beth Smith, Mathew B. Harbeck, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties bonds,undertakings and contracts of surety ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done In connection therewith as each of said corporations could do,but reserving to each of said corporations fug power of substitution and revocation,and all of the ads of said Attomey(s}in-Fad,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adapted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,ExecutivaVice-President Serrtor Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attomey; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By: �`�A� "•y (?ANY Daniel Young,Vice President J t C. aR40tiq j�`°gri �s�VG�1P0 fifgr C'y z �s t�ty 1 OCT 1 z OCT,6 By:— 9 3$ f III 4 1967 P = Stephen T Pate,Senior Vice-President �3 �pW a orb q</F0�`a� State of California ""�.,,,*._.•• �� yt County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Names)of Signers) Who proved to me on the basis of satisfactory evidence to be ihe persons)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherAhetr authorized capacity(ies),and that by hisltierAheir signsture(s)on the Instrument the person(s),or the entity upon behalf of IT which the person(s)acted,executed.the instrument. comm.#17i NO AflYt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is t true and correct. tr�nan k ]e WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT g Lary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this./ 1 f dfiY of 62('/Ai/ BY: l � re40tu, sta nt Secretary ID-1380(Rev.11109) DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 6 Structural Steel & Misc Metals Metal neckYng Fences and Gates In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractors total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %of Subcontractor Type of Work Total Bid Business Location Turner MFG. Co. ,INC Ornamental Fence 4% 4543 E. Floradora Ave Lic# 432506 Fresno, CA 93703 Eckles Construction Metal Decking 8.5% 8907 Warner Ave Suite 239 Lic#312536 Huntington Reach CA SNC Engineering Detailing of .shop 3.4% 1901 W Compton 92647 draw.'nas Compton, CA 90220 Not more than 50%of work shall be performed by Subcontractors(Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors 15. 9% Proper Name of Bidder: Steelcon, Incorporated By: J '.2 Dossie Norris, President Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 6 Structural steel & misc. Metals, Metal Decking Fences and gates State of California ) ) ss. County of Fresno ) l Dossie Norris , being first duly sworn, deposes and says that he or she is President of steelcon, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 18 day of October , 2010 at Fresno , California. YQ-63� , Dossie Norris, President Signature of Bidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS'COMPENSATION (To be executed by Bidder and submitted with Bid) BIDPACKAGE# 6 Structural Steel & Misc. Metals, Metal Decking Fences,and gates-ornamental metal Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name SteeIcon, Inc. f Signature 6��- Title President (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board rage 1 of 1 bile rd Contractor's License Detail - License #435431 DISCLAIMER:A license status check provides Information taken from the CSLB license database.Before retying on this Informatiom you should be aware of the following limitations. N CSLB complaint disclosure is restricted bylaw(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. z�Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 435431 Extract Date: 10/22/2010 STEELCONINCORPORATED 2877 S CHESTNUT AVENUE Business Information FRESNO,CA 93725 Business Phone Number(559)286-3823 EntlW. Corporation Issue Date 0211811983 Expire Dab 02128!2011 License status This license is current and active.All information(below should be reviewed. Additional Status: CLASS DESCRIPTION Classifications: C51 STEEL STRUCTURAL CONTRACTOR'S BOND This license filed Contractors Bond number 201864 in the amount of$12,600 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:01/012007 Contracfor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)NORRIS CHARLES LEE SR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date:10/21/1998 BQI's Bonding History This license has workers compensation insurance with the CALIFORNIA INSURANCE COMPANY Policy Number:738303190101 Workers'Compensation: Effective Date:10 101/2010 Expire Date:10/01/2011 Workers'Comoensatton History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditioris of Use(Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII ALicenseDetail.aspx?LieNum=4... 10/22/2010 ATTACHMENT 7 AGREEMENT BETWEEN THE CITY OF MOORPARK AND K&Z CABINET COMPANY, INC., FOR BID PACKAGE # 8 - FINISH CARPENTRY AND CASEWORK AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and K&Z Cabinet Company, Inc., a California 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 Bid Package # 8 - Finish Carpentry and Casework; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 8 - Finish Carpentry and Casework, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Dennis Chan, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed one hundred fifty-three thousand seven hundred dollars ($153,700.00) plus ten percent (10%) contingency of fifteen thousand three hundred and seventy dollars ($15,370.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Dennis Chan, President K&Z Cabinet Company, Inc. 1450 South Grove Avenue Ontario, California 91761 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 9 liquidated damages as defined in Section 10 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK K&Z CABINET COMPANY, INC. By: By: Steven Kueny, City Manager Dennis Chan, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. r. EXHIBIT B 5 DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR FINISH CARPENTRY AND CASEWORK BID PACKAGE# 8 all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 1 ,2 ,_, , R, and , on file at the office of the Architect (HMC Architects 633 W. 5�' St. LA CA 90071)of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ 9 (Amount in Numbers) $ ZERO (Amount in Words) BUILDING "A" SUBTOTAL BID: $ 96,280.00 (Amount in Numbers) $ N_I_NETY-SIX THOUSAND TWO HUNDRED EIGHTY DOLLARS (Amount in Words) BUILDING "B" SUBTOTAL BID: $_L7,420.00 (Amount in Numbers) $ FIFTY-SEVEN THOUSAND FOUR HUNDRED TWENTY DOLLARS (Amount in Words) TOTAL BID: $ 153,700.00 (Amount in Numbers) $ ONE HUNDRED FIFTY-THREE THOUSAND SEVEN HUNDRED DOLLARS (Amount in Words) ' Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480)is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the-undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification-of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: r, DENNIS CHAN K & Z CABINET CO. INC 1450 S GROVE AVENUE ONTARIO, CA 91761 - 14. The names of all persons interested in the foregoing proposal as principals are as follows: DENNIS CHAN, PRESIDENT MIKE TWYFORD VICE PRESIDENT (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance wit -the law providing for the registration of Contractors, License No. 319196 Expiration Date 8/31 /2 011 , class of license C-6 License No. Expiration Date , class of license I DENNIS CHAN , the PRESIDENT of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. SAN Executed on this 21 ST day of OCTOBER atBERNARDINO County, California. Proper Name of Bidder K & Z CABINET CO. , INC. By N I S PJAN Signature of Bidde NOTE: If bidder is a corporation, the legal name of the corporation shall be set foifih above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 1450 S. GROVE AVENUE Place of Residence: ONTARIO, CA 91761 Telephone: (909) 947-3567 - END OF BID FORM DOCUMENT t Ruben Castro Human Services Center 00300 Bid Form Page 3 of 3 City of Moorpark Bond No. KZCAB-20 DOCUMENT 00410 ' BID BrSN (To be executed by Bidder and submftted with B(d) KNOW ALL MEN BY THA PRESENTS: that we x&z cabinet Co., Inc. , Massac use s a as Principal, and Insurance ompan , Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10°x6) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of wNch•sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated october 21st , 2010, for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# Ei.%ht (s) NOW, THEREFORE, if the Principal shall not withdraw said bid within :'the, period specified therein after the opening of the same, or, if no period be specified, within ninety (90)days after said opening; and if the Principal is awarded the contnack and shall within the period specified therefore, or, if no period be specified, within five (5) working days alter the award of the contract, enter into a written contract with the CITY, In accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter Into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difrarence between the amount specified in said bid and the amount for which the CITY may procure the required work acrd/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids:, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. Ruben Castro Human Services Center 0041.0 Bid Bond City of Moorpark Page 1 of 3 AM dip BOND co tin n IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 11^-- th— day of october , 2010, the name and corporate seal bf each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party_ (Corporate Seal) K&Z Cabinet Co. , Inc. Principal Title ennis Chan,President (Corporate Seal) Massachusetts Bay Insurance Company' surety Attatney in Fea.Dwight Reilly (Attach Attorney in Fact Certificate) Title, Attorney-In-Fact 4 4 *h S Y n~ 11 Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 See attached Acknowledgment FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF } On this day of , 20 _, before Arta, the undersigned,a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, knowrf to be the _ of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official.seal the Y day and year in the certificate first above written. Ruben Castro Human Services Center 004 fQ Bid Bond City of Moorpark Page 3 of 3 ACKNOWLEDGMENT State of California County of Orange ) On October 11, 2010 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/ate subscribed to the within instrument and acknowledged to me that he/ y executed the same in his/IWAVNir authorized capacity(MB),and that by his/hadftir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN PUGH Commission# 1784680 WITNESS my hand and official seal. Z:-� Notary Public-California Orange county MV Comm.Exptres Mor 28,2011 Signature (Seal) THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Daniel Huckabay,Arturo Ayala,Dwight Reilly,Allison RKto Of Orange,CA and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on Its behalf, and as Its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED. That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in Its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 12th day of July, 2010. THE HANOVER INSURA CAC COMPANY MA58A4biUSETT$5AY I"$URANCJE£OMPAXY C. URANCE COMO Y OF.AItIF MA Jserme: RobartK Gr8nnan.Assistan Preskient THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 12th day of July, 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. J WeMIlANIarlaRrtti� � pnrrwltr11Y1� F Notafy��U��l1lic MCeswrY�BMwlre� My commission expires on November 3,2011 I,the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile."(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7,20o1 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 11th day of October 2010. THE HANOVER.INSURANCE COMPANY MASSAC"USETTS BAY INSURANCE COMPANY Cl TI S INSU CE C ANY 7OFERICA�_.._.. DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 8 FINISH CARPENTRY AND"'CASEWORK In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c)sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %of Subcontractor Type of Work Total Bid Business Location V-T WEST INC. SOLI POLYMER TOPS 20% 1622 PHOEBE AVENUE LA MIRADA, CA 90638 Not more than 50% of work shall be performed by Subcontractors (Greenbook Section 2-32) Total Percentage of Work by Subcontractors 20% Proper Name of Bidder: K & Z CABINET CO. , INC. By: Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 8 FINISH CARPENTRY AND CASEWORK State of Califomia ) ) ss. County of SAN BERNARDINO ) I DENNIS CHAV being first duly swom, deposes and says that he or she is PRESIDENT of K & Z CABINET CO. INC. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21 ST day of OCTOBER , 2010 at ONTARIO, , California. �S ignature of Bidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# 8 FINISH CARPENTRY AND CASEWORK Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name K & Z CABINET CO. , INC. Signatu Title PRESIDENT (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 01. fi Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 319196 DISCLAIMER:A license status check provides Information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. y;CSLB complaint disclosure is restricted by law(UP-7 124-6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. )i Per B&P_7-071.17,only construction related civil judgments reported to the CSLB are disclosed. -N?Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. %>Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 319196 Extract Date: 10/2112010 K S Z CABINET CO INC 1450 S GROVE AVE Business Information ONTARIO,CA 91781 Business Phone Number.(909)947-3567 Eby: Corporation Issue Date.. _ 05!03/1.978 - Expire Date 08/31/2011 - License status This license is current and active.All information below should be reviewed. Additional Status:_ CLASS DESCRIPTION Classifications: C-8 S4gIN_�T._L 1LLWQRKANA FIN1 jiCAftPE TRY_ CONTRACTOR'S BOND This license filed Contractor's Bond number WL11180611 In the amount of$12,600 with the bonding company OLD RERUBLIC REPUBLIC GENERAL IN_$URAN_C.CORRQ ATIQN. Effective Date:01/01/2007 Contractor's Bondi rLg_lfMorY Bonding: _. BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)CHAN DENNIS certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:05/14/1999 BQrs Born"I JiistQCY This license has workers compensation insurance with the INSURANCE COM1?ANY_0E_T_KF—Y E$1 Policy Number:WSD500136401 Workers'Compensation: Effective Date:04/01/2010 Expire Date:04/01/2011 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use I Private Policy Copyright©2010 State of California ATTACHMENT 8 AGREEMENT BETWEEN THE CITY OF MOORPARK AND BEST CONTRACTING SERVICES, INC., FOR BID PACKAGE # 9 - ROOFING AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Best Contracting Services, Inc., a California 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 Bid Package # 9 - Roofing; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 9 - Roofing, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as 1 though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Moji Tabazadeh, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 three hundred forty three thousand one hundred and sixty-one dollars ($343,161.00) plus ten percent (10%) contingency of thirty-four thousand three hundred 2 and sixteen dollars ($34,316.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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, 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will 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 7 employ no person having such interest as an officer, employee, agent, or sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Moji Tabazadeh, President Best Contracting Services, Inc. 19027 South Hamilton Avenue Gardena, California 90248 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 8 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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 9 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK BEST CONTRACTING SERVICES, INC. By: By: Steven Kueny, City Manager Moji Tabazadeh, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. Nn EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools,s necessary to expendable equipment, and all �et'e'tyn adworkmpanlike manneservice all of the work perform the contract an p required in connection with PRIME CONTACTOR Hest Contracting Services Inc. BID PACKAGE# - Roof in all in strict conformity with the drawings and specifications and other contract documents, including�de of the Architect (HMC Architects 633 W and , on file at the o . 5th St. LA CA 90071)of said Owner for the sum of: SITE IMPROVEMENTS n/a SUBTOTAL BID: $ (Amount in Numbers) $ n/a (Amount in Words) BUILDING "A' 144,627.00 SUBTOTAL BID: $ (Amount in Ntuy mbem rs)ars Cane xaz3rt Ftt-Y Ebur �`a"ti'�'c1r'ad (Amount in Words) BUILDING "B" 198,534.00 SUBTOTAL BID: Amo t.n �r�w lays one ardwa -Y � $ (Amount in Words) TOTAL BID: $ 343,161.00 (Amount in Numbers) $ Tmee a rdrnd Ft-ty fee Tvmard Cre Hx dred Sixty Q-1e w lars (Amount in Words) 00300 Bid Form Ruben Castro Human Services Center Page 1 of 3 City of Moorpark w Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300)or bid security is attached hereto. 5. Drug Free Workplace (Form 00417)is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit (Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240)is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5)days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional 1 information should be addressed to the undersigned at the address stated be Sean Tabazadeh CEO Secret - WZL 14. The names bf all persons interested in the foregoing proposal as principals are as follows: T Best Contr cti S ecretar RMO atemeb Tbbaza b T can a za a Mohammad ja vad E' A i arzan (IMPORTANT NOTICE: If bidder or other ithereres dent, secretary, treasurer, and legal name of corporation, also names o president, is an individual, state fist and manager thereof; if bidder or other interested person last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 456263 A,B,C8,C10,C17zC20,C36, Expiration Date y , 2012 , class of license C39,C43 License No. N/A _, class of license N/A Expiration Date N/A I CEO/secretary of Sean Tabazadeh the ' under penalty of perjury under the laws of the State of the bidder, hereby certify California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. 21 day of October 2010 at Los gele County, California. Executed on this — y Proper an a of Bidder Best$e nt By Signature of Bidder shall be set forth NOTE: If bidder is a corporation, f legal nedo� the oorr agents nand the document above together with the signatures of authorized be shall bear the corporate seal; if bidder is a partnership, of the partner orupartne partners t shall set forth above together with the signature p contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 19027 S. Hamilton Ave. G rd - Same As Above - Place of Residenc 310 323-6969 Telephone: END OF BID FORM DOCUMENT 00300 Bid Form Ruben Castro Human Services Center Page 3 of 3 City of Moorpark i DOCUMENT 00410 CBID BOND (To be executed by Bidder and submitted with Bid) I KNOW ALL MEN qY JHES PiESENTS: that we Best Contracting Services, Inc. he u a ra n ee mpany of as Principal,and niort n amenca uSA , Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10°x) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in I awful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 .2010,for. RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 9 NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified,within ninety (90)days after said opening; and If the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (5)working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties,as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids,or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect Its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work,or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 c BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 19th day of October , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party. (Corporate Seal) Best Contracting Services Inc. P cipal Title Sean abaz«dei� t �O/Secretar (Corporate Seal) The Guarantee Company of North America USA Surety By tto ey in act (Attach Attorney in Fact Certificate) Title William Syrkin,Attorney-in-Fact' Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND **See Attached" STATE OF CALIFORNIA j COUNTY OF ) SS. CITY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 i THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint William Syrkin,Sergio D. Bechara,Rebecca Ann Haas-Bates,Patricia Ann Bauer,Richard Leroy Adair Millennium Corporate Solutions,Inc. its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule, regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 29th day T"a of April,2010. GTHE GUARANTEE COMPANY OF NORTH AMERICA USA AIAA a. d` STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 29th day of April,2010 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2012 Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 19th day of October,2010 , Qy `/ Randall Musselman,Secretary -v'P7y�AMf: P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/19/10 before me, A.Wilkison, Notary Public , Date - Here Insert Name and THIS of the UMcSr personally appeared William Syrkin Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shMhey executed the same in his%eAheic authorized capacity(le&), and that by his/kerfEFieir signature(o on the instrument the person(ft or the entity upon behalf of which the person(ftacted, executed the instrument. A.WILKISUN �Y` commission# 1sss2s3 z I certify under PENALTY OF PERJURY under the laws Notary Public-California z Orange County ' of the State of California that the foregoing paragraph is ' :,:r true and correct. My Comm.Expires Sep 26,2013 WITNESS my hand and official seal. Signature'l(o. °rs , Place Notary Seal Above Signature o "Ic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10/19110 Number of Pages: Three(3) Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: 0 Individual 0 Individual Corporate Officer—Title(s): ❑Corporate Officer—Title(s): O Partner—❑Limited ❑General ❑Partner—O Limited O General Attorney n Fact I�Attorney in Fact y Top of thumb here Top of thumb here D Trustee ❑Trustee Guardian or Conservator L Guardian or Conservator Other. O Other: Signer Is Representing: Signer Is Representing: The Guarantee Company of North America USA 02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402•www.NatfonalNotary org Item 9SD07 Reorder:Call Toll-Free 1.800.876.6827 DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 9 - Roofing In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c)sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %of Subcontractor Type of Work Total Bid Business Location Not more than 50%of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontra rs 0%Proper Name of Bidder: Best Contracting Sery' es, Inc. By: Seai Tabazadeh CEO/Secretary Ruben Castro Human Services Center 00430 Designation of Subcontractors E City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 9 - Roofing State of California ) ss. County of Ventura ) 1, Sean Tabazadeb being first duly swom, deposes and says that he or she is CEO/Secretary of Best Contracting Services, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements.contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21 day of October , 2010 at 19027 S. Hamilton Ave. Garde 90248 , California. Sean aba-zad'eh, CEO/Secretary Signature of B' der See Attached Notary Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 CALIFORNIA JURAT WITH AFFIANT STATEMENT [YLSee Attached Document(Notary to cross out lines 1-6 below) ❑See Statement Below(Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Omrnant Signer No.1 Signature of Document Signer No.2(if any) State of California County of LOS ANGELES Subscribed and sworn to(or affirmed)before me on this day of � i:L�i 20-1—L L . by Date Month Year ------ SEAN TABAZADEH ------- (1) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and MARISELA HERNANDEZ - ------------ Commissfon# 1762337 (2) Name of Signer ' -s NoL ublic-California = geles County = Document 00200 CONTRACTORS CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# 9 - Roof ing Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the L r Code which require every ' employer to be insured against liability for work co pensation or to undertake self-insurance in accordance with the provisions that c , and I will comply with such provisions before commencing the peZ of the wor of this contract. Company Name Best ntractin Inc. Signature Title Sean bazad , CEO/Secretary (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 2 Department of Consumer Affairs Contractors State iii a card Contractor's License Detail - License # 456263 DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. 3>CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. ..0 Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. >'Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 456263 Extract Date: 10/22/2010 BEST CONTRACTING SERVICES INC 19027 S HAMILTON AVE Business Information GARDENA,CA 90248 Business-Phone Nymbsr.(3jq 328969—__ _-- Issue Data __-.-- 05/0711984 _- Expire Data - _ 0513112012 License status This license is current and active.All information below should be reviewed. Additlonal Status:_ – CLASS DESCRIPTION ML – ROOFING V ---------- --- .—_ B _ GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR C43 SHEET METAL Classifications: --- — C20 WARM-AIR HEATING VENTILATING AND AIR-CONDITIONING C17_______ GLAZING C10 ELECTRICAL C-8 CONCRETE C36 PLUMBING CONTRACTOR'S BOND This Dense filed Contractor's Bond number 12049898 in the amount of$12,500 with the bonding company THE GUARANTEE COMPANY OF NORTH AMERICA USA. Effective Date:03/28/2008 Contractor's Bonding Historyy BOND OF QUALIFYING INDIVIDUAL Bonding: 1. The Responsible Managing Officer(RMO)TABAZADEH SEAN certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:05/07/1998 BQI's Bonding History 2• This license filed Bond of Qualifying Individual number 0376569 for FARZAN ALI in the amount of$12,500 with the bonding company INTERNATIONAL FIDELITY INSURANCE COMPANY. Effective Date:01/0112007 https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaii.aspx?LicNum--4... 10/22/2010 Check a License-Contractors State License Board Page 2 of 2 BQI's Bonding HjjLtW ------- 3. This license filed Bond of Qualifying Individual number 1206848I for MIRAKI BRIAN FARHAD In the amount of$12,500 with the bonding company THE GUARANTEE COMPANY OF NORTH AMERICA USA. Efliactive Date:08/10/2010 Bonding His Qry ---------- NOTE:There are 6 qualifiers(with bonding Information)for this license.Up to 3 are displayed on this page. ---_­­------------------ This license has workers compensation insurance with the ARCH INSURANCE COMPANY Policy Number:71=1 2272101 Workers'Compensation: Effective Date:12/01/2009 Expire Date:12/01/2010 Compensation History -------- Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use I Privacy Policy Copyright 0 2010 State of California https://v;ww2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail.aspx?LicNum--4... 10/22/2010 ATTACHMENT 9 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MERIT METAL PRODUCTS, INC., FOR BID PACKAGE #10 - SHEET METAL, SKYLIGHTS, AND ROOF ACCESSORIES AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Merit Metal Products, Inc., a California 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 Bid Package # 10 — Sheet Metal, Skylights, and Roof Accessories; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 10 — Sheet Metal, Skylights, and Roof Accessories, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as 1 though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Stephen Reno, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 forty-four thousand nine hundred dollars ($44,900.00) plus ten percent (10%) contingency of four thousand four hundred and ninety dollars ($4,490.00) for the total 2 term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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, 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will 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 7 employ no person having such interest as an officer, employee, agent, or sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Stephen Reno, President Merit Metal Products, Inc. 3461 Galaxy Place Oxnard, California 93030 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 8 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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 9 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK MERIT METAL PRODUCTS, INC. By: By: Steven Kueny, City Manager Stephen Reno, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR ��2 Z � BID PACKAGE# / all in strict conformity with the drawings and sped cations and other contract 09cuments, including Addenda Nos. T and on file at the office of the Architect (HMC Architects 633 W. Sth St. LA CA 90071)of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ (Amount in Numbers) $ (Amount in Words) BUILDING"A" SUBTOTAL BID: (Amount in umbers) (Amount in Words) BUILDING"B" SUBTOTAL BID: $ (Amount in Numbers) odd (Amount in Words) TOTAL BID: $ 4-4-j 0(0 (Amount in Numbers) $ o r h®us r -A (Amount in in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 b Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300)or bid security is attached hereto. A Drug Free Workplace(Form 00417) is attached hereto. /6. Designation of Subcontractors (Form 00430)is attached hereto. //7. Non-collusion affidavit(Form 00480) is attached hereto. �' 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. ✓9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. /0. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this_bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: ell r\elv e4^07 R 3o 9 14. The names of all persons interested in the foregoing proposal as principals are as follows: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractor License No. 3 Expiration Date OZ -22r- - I , class of license License No. Expiration Date h - , class of license I, v-F'�- P h �°In A a , the PG's S of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this -� day of ')C-- at County, California. Proper Na f Bi dgr C.'�'f By . Signature of Bidd r NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 3V,,Vll C Place of Residence: v S- Z- Telephone: END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410. BID BO D (To be executed by Bidder and submitted with Bid) KNOW ALL MEN BY THESE PRESENTS: that we MERIT METAL PRODUCTS,I1VC. as Principal, and WESTERN INSURANCE COMPANY , Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that.0,f reas the Principal has submitted the accompanying bid dated OCTOBER _1. , RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 10-SHEET METAL ROOFING,SHEET METAL,SKYLIGHTS AND ROOF ACCESSORIES NOW, THEREFORE, if the Principal shall not withdraw said bid within the.period specified therein after the opening of the same, or, if no period be specified,within ninety (go) days after said-opening, and if the Principal is awarded-the contract, and shall within the period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted.and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or,in the event of the withdrawal of said-bid within the period specified or the fallure to enter into such contract and give such bonds within the time specified, if the.Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount. be in excess of the former, togetherbe void and Incurred no CITY to remain- fuoll force ce then the above obligation shall and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terrris of the contract or the call for bids,or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of said contract or the call for bids,or to the work, or to the specifications. Ruben Castro Human Services Center ' 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 20TH day of 290 , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative,pursuant to authority of Its governing party. (Corporate Seal) MERIT METAL PRODUCTS,INC._ Principal By Title WESTERN INSURANCE COMPANY (Corporate Seal) Surety' By Attorney in Fact (Attach Attorney in Fact Certificate) Title PAUL BOUCHER,ATTORNEY-IN-FACT Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ? . _ - STATE OF CALIFORNIA 1r County of LOS ANGELES J On OCTOBER 20, 2010 before me, MISTY DAWN WRIGHT, NOTARY PUBLIC Date Here Insert Name and Tae of the Officer personally appeared PAUL BOUCHER Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(lo whose namejj) isM subscribed to the within instrument and acknowledged ed to me that he/M/iiiiiiiiiiii executed the same in his/111111r/M authorized capacity(i■I), and that by hisMr/ signature*on the instrumen e DAWN WRiOFR person*, or the entity upon behalf of which the personlm TM j acted,executed the instrument. " COIU1111A.01IM716 I certify under PENALTY OF PERJURY under the laws of LOOMMM M�IWO 2014 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature . Place Notary Seal Above signatDQf ary i s OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: OCTOBER 20, 2010 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney I. El Attorney in Fact Y in Fact I I ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top o7thumbhere ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NabonaiNotary.org Item#6907 Reorder:Call Toll-Free 1-800-876-6827 WESTERN INSURANCE COMPANY 335918 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno,in the State of Nevada,does hereby constitute and appoint Paul Boucher,Janina Monroe,Thomas McCall,Jeremy Yeung Of the STATE OF NEVADA its true and lawful Attorneys)-in-Fact,each in their separate capacity if more than one is named above, to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Secretary,this 2nd day of March,2010. WESTERN INSURANCE COMPANY "FOF, (Signed)By SEAL President tsw >r (Signed)By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE) On th is 2nd day of March,2010,before me personally came DIC AN, PRESIDENT of the WESTERN INSURANCE COMPANY and ALICE A.MOLASKY ARMAN,SEC of said Company,with both of whom I am personally acquainted,who being by me severally duly sworn,sal the said I .ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT and fl�RETARY�t Id WESTERN INSURANCE COMPANY, the corporation described in which executed the for ewer of Attorn yet ey each a seal of said corporation;that 11 the seal affixed to said Power of Attorney was�sy VC seal,that ;s$o affixed he Board of Directors of said corporation,and that they signed their n �" b like or �1 IDENT �TARY,respectively,of the Company. ey gn il V My Commission expires the y m April ,PATRICIA A.IETSON y UA"' Notary Public oENenda v„(„`1��r1 BBB �w�aaewaeanw,wcaniv -{ _ azOb1aM11•a•Em.n....... . •�\�. This Power of Attorney is granted y authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMP arch 2,2010. RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings, contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed as Attorney(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers maybe engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case, subject to the terns and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I ALICE A.MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on March 2,2010 and that this resolution is in full force effect. I,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attornev is in full force and effect and has not been revoked. In Testimony Whereof,I h reitq�s a , and and the seal of the WESTERN INSURANCE COMPANY on this day of U 1,l_ V lul "F0 o Secretary SEAL K " rntga + ��F N� DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# Z-0 State of California ) ss. County of I, A e , b ' firstjuly, wore, depots and says that he or she is of ,A/ j/���.�a� /-h0ej uGT f, / A C. - the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed is day of , 2010 at California. Sig ature of ffidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS'COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# /D Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name AE ZI Signature A Gkx'-� Title (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 a' DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %of Subcontractor Type of Work Total Bid Business Location VIA- Not more than 50%of work shall be performed by Subcontractors(Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors Proper Name of Bidder: �- By: Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 Check a License-Contractors State License Board Page 1 of 1 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License 475 78 DISCLAIMER:A license status check provides Information Pn from CSLB Iicerree database.Before relying on this Information,you should be aware of the following lim'ition . CSLB complaint disclosure is restricted by law(S&P 7124.6)If this entity is subject to pubic complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. >`Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor falls to comply with the terns of the arbitration. ;V Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 475878 Extract Date: 10/22/2010 MERIT METAL PRO TS INC 3461 GALAXY PIA E Business Information OXNARD,CA 30 _Busin ss P one Number(80581 9747)ORS C —-----Issue Dab /011 85 Relosus Date 2/1 001 Expire Date 0 812011 License Status is license is cue. 11 information below should be reviewed. Additional Status. 1t CLASS DEClassifications: ?'C43 SHCbNTRACTOR'S This libgQse filed d number 3C1026739 in the amount of$12,500 with the bonding. mpAM ICAN CON DEMI COMPANY. Effective Date:03/02/2009 Contractor's Bonding History Bonding: ----- -- --------- -- _.- -. - - ---- -- --- BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)RENO STEPHEN ANGELO certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date:02/13/2001 BOI's Bonding History This license has workers compensation insurance with the DELOS INSURANCE COMPANY Policy Number02DKRM12006269 Workers'Compensation: Effective Date:0410112010 Expire Date:04/01/2011 Workers'Compensation History DATE DESCRIPTION Miscellaneous Information: 02/13/2001 LICENSE REISSUED TO ANOTHER ENTITY Conditions of Use I Privacy Policy Copyright®2010 State of Califomia https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LieNum=4... 10/22/2010 ATTACHMENT 10 AGREEMENT BETWEEN THE CITY OF MOORPARK AND CENTER GLASS COMPANY NO. 9, FOR BID PACKAGE # 11 - GLASS AND GLAZING AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Center Glass Company No. 9, a California 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 Bid Package # 11 — Glass and Glazing; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 11 — Glass and Glazing, Aluminum Frames and Storefronts, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Randy Gulden, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed one hundred and ninety-eight thousand dollars ($198,000.00) plus ten percent (10%) contingency of nineteen thousand eight hundred dollars ($19,800.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City of Moorpark, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Randy Gulden, President Center Glass Company No. 9 3910-A Market Street Ventura, California 93003 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 9 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 Section 10 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CENTER GLASS COMPANY NO. 9 By: By: Steven Kueny, City Manager Randy Gulden, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. i 5a t' EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating.thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR G`NTi R C...`► SS Cro. ` VZ^JTVM4 BID PACKAGE# GLA&W Cr A Lw—,Mvg fLoy"C'T all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. ► , y ,_, , and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071) of said Owner for the sum of. SITE IMPROVEMENTS SUBTOTAL BID: $ (Amount in Numbers) (Amount in Words) BUILDING "A" SUBTOTAL.BID; $ 6 5L C7o0 •�C7. (Amount in Numbers) $ i ry CI G M S/4,4 0 (Amount in Words) BUILDING."B" SUBTOTAL BID: //�� 1 (Amount in Numbers) ^ G cj $ VA t I_T y1j9R i 0 -114 r 2Tx _F/4014314,-40 '7�� C3 C.3 (Amount in Words) TOTAL BID: $ 19 g, 000. 00 (Amount in Numbers) c.w $ UN� �uaoRCO N�a,: y �"• M 9••1� a c ( mount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including.without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. ' 7. Non-collusion affidavit (Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid.may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is -mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: 391(3-A Mar VQs�ttu..�'c. L'�d 9 3Ad'7i 14. The names of all persons interested in the foregoing proposal as principals are as follows: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 2,+,+669 Expiration Date ( 1- `fib - a,b ( I , class of license G� License No. �jExpiration Date -° , class of license L ^10h GULOs^� , the ZSto �"JT of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this *L1 day of dc-?d a fL at c�7�f'+�_County, California. Proper Marne of Bidder Ce,rt+p tr• By G ,- �N Signature of Bid er NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 3 91 d _A M 6A 1-1111<3 Place of Residence: ' ilk Telephone: ( 4 CD 4- -'y+� END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 j Bond No-2779 DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bid) KNOW ALL MEN BY THESE PRESENTS: that we Center Glass Cmpany No.9 as Principal, and Developers Surety and Indemnity Company as Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 , 2010, for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 11 - Glass & Glazing NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after said opening: and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again.calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 13th day of October , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party. (Corporate Seal) Center Glass Company No.9 Principal B1 Title Bandy P. Gulden President Developers Surety (Corporate Seal) and Indemnity Company Surety By ttorney in Fact (Attach Attorney in Fact Certificate) Title gran S. Mantle, Attorney-in-Fact Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF \sworn,On this , 20 , before me, the undersigne for said County and State, residing herein, duly commissionlly appeared, known to be the of and the said duly acknowledged to me that subscribed t name of hereto as Surety and own as IN WITNESS WHEREOF, 1 have hereunto set my and and affixed my_ official seal the day and year in the certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On -1.7-2010 before me, Nary Mal guoui — Notary Public Date Hare Insert Nerve and Title of Me officer personally appeared Ryan S. Mantle Na a)of SOWN) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized MAW Mq - IGWNI capacity(ies),and that by his/her/their signature(s)on the #1761251 instrument the person(s), or the entity upon behalf of pgBNC•.CN,M01111111G►Z which the person(s)acted,executed the instrument. OM cam �pf•6'� OIM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat r Slgna of rY 10-Plaoe Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Ryan S Nantle Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General M Attorney in Fact ❑Attorney in Fact Top of thumb here Top of thumb here ❑Trustee ❑ Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Developers Surety and Indemnity Company ®2007 National Notary Asaooialon•9350 Da Soto Ava..P.O.6oz 2402•Chatsworth,CA 91313.2402•www.NatlonaMotaryorg Item#5907 Reorder.Cal Toll-Free 1-800876.6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92823(949)283-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: *** Les M. Mantle, Ryan S. Mantle,jointly or severally *** as their true and lawful Attorney(s)an-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety. ship giving and granting unto said Attomey(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done In connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Aftomsy(syln-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authodly of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Aitorrwy,qualifying the Ntomey(s)named in the Power of Attomey to execute,on behatl of the corporations,bonds,undertaking's and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is atlacfhed. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. fl; PANVty� Daniel Young,Vice-President 5° 40 RAr �� v0 pr Cy' 0go OCT.5 Md 0 Ke O By:— $�{ 1835 }'od W c 1967 7 e Stephen T.Pate,Senior Vice-President a low i4• .ebb as �/ q4/F04�� a\ State of Callomia_ ~''u•�.*,•,•"'' County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel v--nn and Ste hen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisfherAheir authorized capacity(ies),and that by his/herltheir signature(s)on the instrument the perscrh(s),or the entity upon behalf of 1 which the person(s)acted,executed-the Instrument 00141M.#179"NOt'ARYPUBEIC OAL I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGEMIAW true and correct. . FeL 416- WITNESS my hand and official seal Place Notary Seal Above Signature J TT N9 Mry Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 13thday of October,, 2010 By I Aregg istant Secretary IQ1380(Rev.11109) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Oct-, I� 4611-1 before me, L�tY' �zb► I L , U819 Here Insert Name and Title of the 0"ICT personally appeared ti 1C -L'y El LttjC "Z-v'l Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personj* whose names) is/am subscribed to the within instrument and acknowledged to me that he/she/Ahey executed the same in his/herAbeir authorized capacity(ft), and that by C ELL his/herAheir signatureN on the instrument the ROi COMUhiiflpp#llu— personN, or the entity upon behalf of which the NOINt P _CNtfondt person(q)acted, executed the instrument. Via hn Coo* MY Comm. t 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ p Signature: Place Notary Seal and/or Stamp Above OPTIONAL Signature of Notary Public Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i 6 Vid- Document Date: 6&" Number of Pages: I, Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Si ner's Name: Kh�04) Ca Uj C.I�.tZj� Signer's Name: Corporate Officer—Title(s):;Fre5i'&V14— ❑Corporate Officer—Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2008 National Notary Aasociatlon•9350 De Soto Ava.,P.O.Box 2402•Chatsuvonh,CA 91313.2402•www,NationelNotery.org Item It590) Reorder.Call Toll-Free t-800-878.6827 r DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 1 In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and(b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of.one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices .Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a.public record of.the authority awarding this. contract.setting forth the.facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %of Subcontractor Type of Work Total Bid Business Location Not more than 50% of work shall be performed by Subcontractors (Greenbook Sec on 2-3.2) Total Percentage of Work by Subcontractors Proper Name of Bidd By: Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# State of California ) . I ) ss. County of 0 ur► being first duly sworn, d poses and says that he or she is Z.S a Sri of GC*+TcR- LASS C% the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited .any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any,member or agent thereof to effectuate a collusive or sham bid. . . . . . . . . . . . . I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this t day of cs e.ToLJ 0 R , 2010 atr California. /� T ry �� ignature of Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# I Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing .proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name ezrl+w 6110.5-5 0-0. 1W Signature 4E1?i Title. . . . . . . (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 1 ©!eperkrr ant of Consumer Affairs Contractors State Li � Qard Contractor's License Detail - License# 244559 ALDISCLAIMER:A license status check provides Information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.8)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. �?Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. >%Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 244559 ✓ Extract Date: 1012212010 CENTER GLASS CO NO 9 3910A MARKET STREET Business Information VENTURA,CA 93003 Business Phone Number(805)642-0149_ Corporation loom Deb 09/06/1966 re 000 11 License status tis license is current and active.AI formation below should be reviewed. Additional Status; ---- ---- w ---- -----------— CLASS DESCRIPTION Classifications: C17 GLAZING CONTRACTOR'S BOND This license filed Contractor's Bond number 897566C in the amount of$12,500 with the bonding company DEVELOPERS SURETY AND INDEMNITY COMPANY. Effective Date:01101/2007 Contractor's Bonding History Bonding: --- ----------- —----- --------_—__ _...._ ___ -_------- BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)GULDEN RANDY PAUL certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:10/25/1996 BQI's Bonding istory This license has workers compensation insurance with the CYPRESS INSURANCE COMPANY Policy Number:3310017619101 Workers'Compensation: Effective Date:01/01/2010 Expire Date:01/01/2011 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use I Privacy Policy Copyright®2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum--2... 10/22/2010 ATTACHMENT 11 AGREEMENT BETWEEN THE CITY OF MOORPARK AND STANDARD DRYWALL, INC., FOR BID PACKAGE # 12 - FINISHES AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Standard Drywall, Inc., a California 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 Bid Package # 12 — Finishes; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 12 — Finishes, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value 1 as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Robert E. Caya, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 two million one hundred seventy-five thousand dollars ($2,175,000.00) plus ten percent (10%) contingency of two hundred seventeen thousand five hundred dollars ($217,500.00) for the total term of the Agreement unless additional payment is 2 approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City of Moorpark, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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's active negligence accounts for only a percentage of the liability involved, 5 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 Indemnities may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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 6 indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will 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 sub- 7 contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Robert E. Caya, President Standard Drywall, Inc. 3100 Palisades Drive Corona, California 92880 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 8 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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 9 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK STANDARD DRYWALL, INC. By: By: Steven Kueny, City Manager Robert E. Caya, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. 4 EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR Standard Drywall, Inc. BID PACKAGE# 12 all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 1 , Z 1-1 —1-1 and , on file at the office of the Architect (HMC Architects 633 W. 51h St. LA CA 90071) of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ 60,©GD•00 (Amount in Numbers) $ -rV16u�" ccvtd Zama CA n,)rs (Amount in Words) BUILDING °A" SUBTOTAL BID: $ ��,� , Sao xo (Amount in Numbers) 'ti7o'1"CLVIcl, f `,re--{-��>y�dti�d avid �vry ce:r S (Amount in Words) BUILDING "B" SUBTOTAL BID: $ 1,7-4%SeC.00 (Amount in Numbers) I ip Vi'ymp ego c-my,;�S (Am unt in Words) TOTAL BID: $ -2� 115,r:or;, op (Amount in Numbers) $ T��v�v►iU►�v� Dyle 16 eavt. Zee e�vti (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid. is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: Blaine M. Caya 3100 Palisades Drive Corona, CA 92880 14. The names of all persons interested in the foregoing proposal as principals are as follows: Robert E. Caya - President Blaine M. Caya - Vice President (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president,secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 444328 Expiration Date August 31, 2011 class of license B C2 C9 C35 License No. Expiration Date , class of license l Blaine M. Caya , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 21 day of October at Riverside County, California. Proper Name of Bidder Standard Drywalir Inc. By Blaine M. Caya, Vice President Signature of Bidder NOTE: If bidder is a corporation, the legal name of the c poration shall be set forth above together with the signatures of authorized officers o agents and the document shall bear the corporate seal; if bidder is a partnership, the ue name of the firm shall be set forth above together with the signature of the partner r partners authorized to sign contracts on behalf of the partnership; and if bidder is an in ividual, his signature shall be placed above. Business Address: 3100 Palisades Drive, Corona, CA 92880 Place of Residence: Newport Beach, CA Telephone: (951 )256 8656 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 , Bond No. NA DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bid) KNOW ALL MEN BY THESE PRESENTS: that we standard Drywall, Inc. as Principal, and Liberty mutual Insurance company5urety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 , 2010, for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 12 - Finishes NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 r BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 19th day of October , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its gover g rty. (Corporate Seal) andard Drywall, Inc. incipal ly Title vice President (Corporate Seal) Liberty Mutual I surance company By Tyson Deth off (Attach Attorney in Fact Certificate) Title Attorney-in-Fact Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for i ou and State, residing herein, duly commissioned and sworn, personally appear known to be the of d the said duly acknowledged to me that subscd d the name of hereto as Surety and own IN WITNESS WHE OF, I have hereunto set my hand and affixed my official seal the day and year in t certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 19, 2010 J before me, Michelle C. Goddard, Notary Public Date Here Insert Name and Title of the Oflk;er personally appeared Tyson Dethloff Name(s)of 'gner(s) who proved to me on the basis of satisfactory evidence to be the person(g)whose name(a) ism subscribed to the within instrument and acknowledged to me that he/Waffi3q executed the same in his/11KAWWauthorized capacity(VA, and that by hisANOW signature(to on the instrument the person(io, or the entity upon behalf of which the person(s)acted, executed the instrument. MICHELLE C.GODDARD I certify under PENALTY OF PERJURY under the laws Commission#1850533 of the State of California that the foregoing paragraph is Notary Publlc-California z true and correct. San Diego County ' M Comm.Ex fires Jun 19,2013+ WITNESS Cmy hand and official seal. Signature V C Place Notary Seal Above Slgnalure of Notary Public OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: October 19, 2010 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Tyson Dethloff Signer's Name: ❑ individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General _ ❑Partner—❑Limited ❑General _ M Attorney in Fact ❑Attorney in Fact - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Liberty Mutual Insurance Company as 02007 National Notary Association-MWDe Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313.2462•www.NafonaiNotaryorg Item#5907 Reorder:CallTdi-Free14K)6676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Date e'.J..etsf e and We of the Officer a personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am-subscribed to the within instrument and acknowledged to me that he/sheVmr executed the same in his/herttheir authorized capacity(ies), and that by hisAae011hei signature(s) on the STao K n# 18 instrument the person(s), or the entity upon behalf of Commission EN 01 which the person(s)acted, executed the instrument. Z;�s Notary Publ_ Z-California z Z "' Riverside County a My Comm.Expires Nov 26,2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my hand icial seal. Signature ry ublic Ptaoe Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to per relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: a Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: �,AA C'L Signer's Name: ❑ Individual a D Individual �orporate Officer—Title(s): D Corporate Officer—Title(s): ❑ Partner—O Limited ❑General D Partner—D Limited ❑General D Attorney in Fact El Top in Fact Top of thumb here Top of thumb here D Trustee ❑ Trustee ❑ Guardian or Conservator ❑Guardian or Conservator D Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationaiNotary.org Item#5907 Reorder:call Toll-Free 1-800-876-6827 2481905 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That-Liberty`Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company,pursuant to and by authority of the By.4aw.and Authorization hereinafter set forth,does hereby name constitute and appoint TYSON DETHLOFF,GLENN DETHLOF.F,MICHELLE GODDARD,ALA OF THE E111(QF.SAN DIEGO,STATE OF CALIFORNIA. ...,x,........ ...�..;.. ...., ...;...: ..,x.. x .., ..::-.: , - ..�.i...Y .......4 •...... t)............................. ..... ..................-. ...... ...... . .................'.• l ..........-'....... ..u.. .-..... - each individually if there be more than-one Harried,its irue:and lawful attome .-fact 0#Hake,exeoute,seal,acknowledge and deliver,for and on its behaif as su: and-as:its act rx�-deed;an and all undertakings,bonds,recognizanc0 and other surety obli bons in::the penal'sum not exceeding 1.rer�ttyy aa �l�-y*"************"**" .DOLL�tRS. � ggaa each,and the ONE HUNDRED MILLION ANQOttlitl9"" . ($ t�il,ENi0,I100.00*••"• t execution of such un_"dertakings,bonds:rerxignizances arid.other surety obligations; in pyrsuanod of-tFwse presents shall be as binding upon the Company as:if they had been duiy signed t»rthe:president anii attested by the secretary Qf the Corn" ompany ui their own proper persons. That this poweris made and sxecutedpursuantto and by authorityof'th a*totiowing By-law aril Authorization ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the chairman'or-the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute,seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such '0 attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their 0 signature and execution of any such instruments'and to attach thereto the seal of the Company. When so executed such instruments shall be 0 m as binding as if signed by the president and attested by the secretary. 'e1 w By the following instrument the chairman or the president has authorized the.officer or other official named therein to appoint attorneys-in-fact: ,p!C; Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby c W 2 atthodied to appoint such attomeys4ri-fact as may be necessary to act in behalf of the Company to make,execute,seal, acknowledge and _ C deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. �p O C1t- O.m That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WrrNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E .� Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 3rd day of February . 2009 - LIBERTY MUTUAL INSURANCE COMPANY � O at E '�_` Gamet W.Elliott,Assistant Secretary O ry+r COMMONWEALTH OF PENNSYLVANIA as *- 011.0 COUNTY OF MONTGOMERY C It On this 3rd day of February , 2009 ,before me,a Notary Public,personally came Garnet W.Elliott,to me known,and acknowledged 4 O that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed the above a ei Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0 0`. IN TESTIMONY WH unto subscribed my name ar�d affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year w s`v first above written. Ott. ttl O 9. DU.TFiCiFEaE YiVAN1A N t- rr NdeiSae! Y /Gr.�2� .mac-1r/ O p 01=. TeraPBSfeAd► Y>'u B C Z tl p ,!i0+fwp rorywne+Y Teresa Pastella,Note Pubhe: is n�todmsiaa� eM�� .. ry tD �d1y�' _ klambar Petn4f!! a Aseociatian at NflMtdps'- �0,, T. CERTIFICATE LL//�)• - I,the undersigned,Assistan ecretary of;Liberty Mutual insurance Company;do hereby certify that 6 original,powoi of attorney of which the foregoing is a full,true and correct copy,is in fudf9rce and affect on the tlate of this certificate;and.i.sio further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authotfzed.by the chairman or the president to;a** ird atfomeys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid`and binding upon the company with the same force and effect as though manually affixed. 1:9rh IN TES I ONY WHEREO I ve hereunto subscribed my name and affixed the corporate seal of the said company,this day of �Caober L�b�'� 0 ra D afa b���i.>� evi M:Carey, as t Secretary DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGEt. i In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth.the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %Of Subcontractor Type of Work Total Bid Business Location Insulation, Fireproofing, F. Rodgers Corp. Acoustical 7% Ontario, California Streamline Painting Painting 7% Moreno Valley, California Perlite Plastering Plaster 11% Burbank, California Frye Construction, Inc. Doors Frames Hardware 20,1 Bakersfield, California Not more than 50% of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors 45� Prop rName of Bidder: St ndard Drywall, Inc. By: Ruben Castro Human S ices Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted,with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 12 State of California ) ) ss. County of Riverside ) 1, Blaine M. Caya being first duly sworn, deposes and says that he or she is vice President of Standard Drywall, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. E cu thi• 1st day of October 12010 at Corona , California. Signature of Bidder Ruben Castro Human Se ices Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# 12 Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company ame Standard Drywall, Inc Signature Title Blaine M. Caya, Vice President (In accordance with article 5 (cim mencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above cicate must be signed and filed with the awarding body prior to performing any work un this co ntract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 1 Pepartment of Consumer Affairs . r Contractors State U � r� vard Contractor's License Detail - License #444328 DISCLAIMER:A license stabns check provides information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. 'CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 444328 Extract Date: 10122/2010 STANDARD DRYWALL INC P O BOX 730 Business Information LAKESIDE,CA 92040 Business Phone Numbert 9 443-7034 En W., - --- Corporation - ------ -- -- ----- -- --- Issua Expire Date 08/3112017 License status This license is current and active.All information below should be reviewed. Addltlonat Status: CLASS DESCRIPTION 1 B GENERAL BUILDING CONTRACTOR Classi0cations: \C-9 _ DRYWALL C35 LATHING AND PLASTERING - C-2 INSULATION AND ACOUSTICAL CONTRACTOR'S BOND This license filed Contractor's Bond number 2036 In the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:01/01/2007 Bonding: Contractor's Bonding History — ---- --- --- - -__ _ ----_-------------------------- BOND OF QUALIFYING INDMDUAL 1. The Responsible Managing Officer IRMO)CAYA ROBERT EDWARD certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:10/05/2007 BOI's Bonding History This license has workers compensation insurance with the SEABRIGHT INSURANCE COMPANY Policy Number.BB1100702 Workers'Compensation: Effective Date:07/01/2010 Expire Date:07/0112011 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use I Privacy Policy Copyright®2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail,.aspx?LicNum--4... 10/22/2010 ATTACHMENT 12 AGREEMENT BETWEEN THE CITY OF MOORPARK AND RELIABLE FLOOR COVERING, INC., FOR BID PACKAGE # 13 - FLOORING AND CERAMIC FLOORING AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Reliable Floor Covering, Inc., a California 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 Bid Package # 13 — Flooring and Ceramic Flooring; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 13 — Flooring and Ceramic Flooring, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Jon Rumkin, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed three hundred thirty-two thousand nine hundred and sixty dollars ($332,960.00) plus ten percent (10%) contingency of thirty-three thousand two hundred and ninety-six dollars ($32,296.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Jon Rumkin, President Reliable Floor Covering, Inc. 2304 Townsgate Road Westlake Village, California 91361 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 for each and every day such performance 9 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK RELIABLE FLOOR COVERING, INC. By: By: Steven Kueny, City Manager Jon Rumkin, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. DOCUMENT RO 00 BID (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, 'expendable equipment, and all utility and transportation services necessary to perform -the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR BID PACKAGE# all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. ,_,'7— , > > , and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071) of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ (Amount in Number �2_,,,, (Amount in Words) BUILDING "A" SUBTOTAL BID: $ b .54-�qvv 00 (Amount' Numbers) (Amount in Words) p -- BUILDING "B" t 2 O SUBTOTAL BID: $ 1 Amoun== )} C $ _ (Amount in Words) cko MA TOTAL BID: $ � Z q60 r (A ount in mbers) Q W (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300)or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors(Form 00430)is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5)days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: 1 b �r I 14. The names of all persons interested in the foregoing proposal as principals are as follows: � Oesd @l1t (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 7 Expiration Date t5-- :51-1-2--- , class of license License No. Expiration Date IT--M-I.- , class of license I, N , the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 260'` day of at County, California. Proper Nam of Bidder Rt---UAVD4—= L By_,-Sow,V-V Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 2'JC3 '� 9t Place of Residence: 2� 3 ti 5 --A1906- Telephone: j%51 416-LalI END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 * Developers Surety and Indemnity Company DOCUMENT 00410 B (Yo ba executed by and submitted w1h Bid) KNOW ALL MEN BY THESE PRESENTS: that we Reliable Floor Covering, Inc. , as Principal,and * Surety, Are held and firmly bound unto the CITY OF MOORPARK;hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL.AMOUNT OF THE BID of the Principal submitted to the sold CITY for the work described below for the payment of which sum In lawful money of the United States. well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 21 , 2010,for RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 13 Flooring NOW, THEREFORE, If the Principal shall not withdraw said bid within the period speafied therein after the opening of the same, or, If no period be specified,within ninety (90)days after said opening; and if the Principai is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (6) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties,as may be required, for the faithful performance and proper performance of the contract, or in the the payment for labor and materials used for the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount spec fled in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former,together with all costs Incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids,or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work,or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 T/Td WUGT:60 010Z 6T 1-00 6901746b908 t TN XU.J TiHU17=1 5: W%A " FROM :RELIABLE FAX NO. :8054974069 Oct. 18 2019 01:42PM P2i12 BID BOND contbod IN WITNESS WHEREOF, the parfies have executed this instrument ante stheiro�earal 19th d of October , 2010. the name and carp seats tt�s „�.,_day WrporetO par{y pig hereto affixed and these presents duly assigned by the undersigned representative,pursuant to authority of its governing party. Reliable Floor Covering,Inc. (Corporate Seal) Pd Inc pal By f � Title t Developers Surety and Indemnity Company (Corporate Seed) Surety sy YAt-toneyv-in-Fact n Fact MARY SMITH (Attach Attomey in Fed Certificate) Title 00410 Bid Bond Ruben Castro Human Services Center Page 2 of 3 City of Moorpark FROM :RELIABLE FAX N0. :8054974069 Oct. 18 2010 01:42PM P3/12 FORM TO ACCOMPANY 810 BOND STATE OF CALIFORNIA ) COUNTY OF )8S. CITY OF } On this day of ,20 , before me,the undersigned, a Notary Public in and far said County wq4, 016te, rending herein,duly commissioned and sworn, personally app known to be "c� T G the f anAhe said duly acknowledged to me that subscribed the name of hereto as Surety and own as W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. 00470 Sid Bond Ruben Castro Human Services Center pace 3 of 3 city of Moorpark CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 19,2010, before me,DONNA M.GREEN,Notary Public, personally appeared MARY SMITH, who proved to me on the basis of satisfactory evidence to be the person(* whose name is/an subscribed to the within instrument and acknowledged to me that .he/she/dwy executed the same in his/her/their authorized capacity(ies.), and that by-his/her/their signatureo on the instrument the person4d,, or the entity upon behalf of which,the person('ac executed the instrument. DONNA M.GREEN I I certify under PENALTY OF PERJURY under the laws comm.#1886017 T of the State of California that the foregoing paragraph is a NoTARY PUBLIC•CALIFORNIA LOS ANOELES COUNTY true and correct. MyComm.Expires Apr.16.2014 WITNESS my hand and official seal. Place Notary Seal Above Signature J_t7R Signature of Notary Public Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRES ING: NAME OF P N(S)OR ENTITY(IES) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623(949)2633300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***John D. Hunsinger, Mary Smith, Donna M. Green, Steve Brockmeyer, Ronald C. Wanglin,jointly or severally*** as their true and lawful Attomey(s)4n-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every actnecessary,requisite or proper to be done In connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Adomey(s)-in-Fact,pursuant to these presents, are hereby rallied and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive.Mce-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,quailykrg the attcmey(s)named In the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. � N�{Ni11.H1Yl.!!! AND�,yo oMpANYO, Daniel Young,Vice-President �S44�ttPORgr�Fg, a GV APORpir�9c' z>rf OCT, i<g z2 OCT.5 G `n z ut 10 By SQL 19360= w 1967 y Stephen T Pate,Senior Mee-President �;� ° ��C'4 rFO��\4 2 State of Callomla County of Orange On August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helsheithey executed the same In hislherltheir authorized capadty(ies),and that by his/her/their signature(s)on the instrument theperson(s),or the entity upon behalf of which the person(s)acted,executed the instrument __IDOMM-—17Q1" NOWYPUBLICOM901111110 i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COLO Y true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Je r g Public CERTIFICATE 0 The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 19thlay of Oc tober, 2010 By: a4�.'eA '15r—egg Okur , istant Secretary ID-1380(Rev.11109) DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 13-- In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime _ contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. - If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one- subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to .have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. Ao prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c)sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 % Of Subcontractor Type of Work Total Bid Business Location Not more than 50% of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors Proper Name of Bidder: c'%I C—C1 W G- By: %AjLIr-j tuben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 1 5 State of California ) ss. County of ) AAI, g rst swo , deposes and says that he or she is of the party making the foregoing bid that the bid is no ade in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify(or declare) under penalty of perjury under the laws of the State.of California that the foregoing is true and correct. [Executed t i day of (0 CM , 2010 at ;California. Signature of Bidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon:." furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section -3700 of the Labor Code which require 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. Company Name C r- Signature Title �� (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Department of Consumer Affairs k Cvttraddra Stake Li a acrd Contractor's License Detail - License # 839258 r DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint andlor legal action Information. >>Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. P Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant Information that has not yet been entered onto the Board's license database. License Number 839258 Extract Date: 10/22/2010 RELIABLE FLOOR COVERING INC 2304 TOWNSGATE ROAD Business Information WESTLAKE VILLAGE,CA 91361 Business Phone Number.(§q5 495 4811 Corporation Issue Date _— 05126/2004 - _-__-_ ----, _ — -- __-- ---- -- Expire Date 0513112012 License status This license is current and active.All information below should be reviewed. Addntonal status: CLASS DESCRIPTION Classifications: C15 FLOORING AND FLOOR COVERING C54 TILE(CERAMIC AND MOSAIC CONTRACTOR'S BOND This license-filed Contractor's Bond number SC1037163 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:03/0212009 Contractor's Bonding—HAW Bonding: -- -----—----- --- ------ - - - BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)RUMKIN JON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:08/29/2008 801's Bonding History This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number.WSA500358500 Workers'Compensation: Effective Date•02/01/2010 Expire Date:0210112011 Workers'Cornoensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use I Privacy Policy Copyright®2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum--8... 10/22/2010 ATTACHMENT 13 AGREEMENT BETWEEN THE CITY OF MOORPARK AND JOHN PENCE BUILDING SPECIALTIES, INC., FOR BID PACKAGE # 14 - SPECIALTIES AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and John Pence Building Specialties, Inc., a California 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 Bid Package # 14 — Specialties; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et se q. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 14 — Specialties, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as directed by the City's Construction Manager. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as 1 though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Matt Whitecomb, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 sixty thousand three hundred and four dollars ($60,304.00) plus ten percent (10%) contingency of six thousand and thirty dollars ($6,030.00) for the total term of the 2 Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant .to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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's active negligence accounts for only a percentage of the liability involved, 5 the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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 6 indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will 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 sub- 7 contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Matt Whitecomb, Vice-President John Pence Building Specialties, Inc. 2259 Portola Road, Suite A Ventura, California 93003 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 8 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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 9 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK JOHN PENCE BUILDING SPECIALTIES, INC. By: By: Steven Kueny, City Manager Len Whitecomb, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board., herein called the"Owner:" I pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform,within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all` of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR John pence Building specialties,inc BID PACKAGE-# # 14 Specialties all in strict conformity with the drawings and specificationsand other contract documents, including Addenda Nos. 1 a and , on file at the office of the Architect (HMC Architects 633 V11. 5`h St. LA CA 9007 1) of said Owner for the sum of: SITE IMPROVEMENTS 12,048-00 SUBTOTAL BID: $ (Amount in Numbers) $ Twelve Thousand Forty Eight Dollars (Amount in Words) BUILDING "A° a�,�3a.00 SUBTOTAL BID: $ (Amount in Numbers) Tweet Seven Thousand Seven Hundred Thirty Two Dollars (Amount in Words) BUILDING"B" so,5a4.00 SUBTOTAL BID: $ (Amount in Numbers) $ Twenty Thousand Five Hundred Twenty Four Dollars (Amount in Words) TOTAL BID: $ 60,304-00 (Amount in Numbers) $ Sixt Thousand Three Hundred and Four Dollars (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form page 1 of 3 City of Moorpark Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. by signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300)or bid security is attached hereto. 5. Drug Free Workplace (Form 00417)is attached hereto. 6. Designation of Subcontractors (Form 00430)is attached hereto. 7. Non-collusion affidavit (Form 00480) is attached hereto. 8. Compliance with Environmental; Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications(Form 00240)is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the ;opening of the bid, and within the time this bid is required to remain open:, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form:attached-hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified,all within five(5)days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: John Pence Building specialties, Inc Attn: matt Whiteca= 2259. Porto1a Road Suite A Ventura, CA 93003 14. The names of all persons interested in the foregoing proposal as principals are as follows: John Pence Building specialties, Inc, Len Whiteccob President, ,matt Whitecomb, Vice Presiderit� Carol Whitecomob S®crett9xy (IMPORTANT NOTICE: If bidder or other interested person is a corporation., state legal name of corporation, also names of the president; secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 403822 Expiration Date 05/31/2011 class of license B,C-61, D-34 License No. Expiration Date , class of license 1, Batt Whitecomsb ,the vice _President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 21 day of October at Ventura County, California. Proper Name of Bidder John Pea. a Buildin §Veci ties, Inc By Matt Whitecomnb, Vice idoixta Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership,the true name-of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 2259 Portola Road Suite A Ventura, CA 93003 Place of Residence: 252 South "G" Street, Oxnard, CA 93030 Telephone: (805), 642-8139 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 Rabobank,N.A. CASHIER'S CHECK �soo) 942-6222 240002193 Date 90-3842 Rabobaiik l October 21,2010 Payee City of Moorpark Amount C $6,030.40 REMITTER John Pence Building Specialties,Inc - NEGOTIABLE Memo l CLIENT COPY / ff GMs check is lost,destroyed or stolen,tfhe bank will require Mhe payee or remitter to deliver a daim to Me thank.The claim will inlcWe the bank's Dedskation of Loss form signed under panally of perjury. The bank is not obligated to pay the amount of the check until flee Ieter of the date of the Claim or the 90th day from tha date of Me dieck.If the bank has paid the cheek before the 90th day.the bank will not be required to pay the Clain. DREW 8 ROGERS M14658 • • WMAT _ Rabobank,N.A. i c6ou�>�2-sz�2 CASHIER'S CHECK `240002193 i Date 90-3842 Rabobank 1 October 21,2010 1 Pay '"'Six Thousand Thi Dollars And Fo Cents Amount Thirty mf ** * $6A 3"O;.,t�0 To The CRY of Moorpark rwo s�rhamrea Ragk,irad f«am«,mis aer$ oo: s Order Of CS REMITTER John Pence Building specialties,Inc Memo gnMure lie 24000 2 1 9 P' N• 12 2 2 IA L anit` nn i oneime,e... DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 14 Specialties In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4400), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a.) the name and the location of the place of business ofeaeh subcontractor who will perform work or labor or render service to the prime contractor in or about the. construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who; under subcontract to the prime contractor, Specially fabricates and installs a portion of the work or improvement according to detaile0t drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the Prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. .Jo prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not ,designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair -Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the Information required by this form prior to the bid opening, bidder shall be required to submit the addresses,telephone numbers, and license numbers of all listed:subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 % of Subcontractor Type of Work Total Bid Business Location i j None Not more than 50%of work shall be performed by Subcontractors(Greonbook Section 2-3.2) Total Percentage of Work by Subcontractors 0 Proper Name of 'd er: John Pence Building Specialties, inc By: - Matt Whitecomb, vice President Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUB:EN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 14 specialties St*of California ) ss. Cou#y of Ventura ) I, matt Whitecomb , being first duly sworn, deposes and says that he or she is vice President of Doha Pence Building Specialties, Inc the party making the foregping bid that the laid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company; association, organization, or corporation; that the bid is ge*e,:and not collusive or sham; that the bidder has not directly or indirectly induced or sold any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived,r or agreed with arty bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not in any manner, direcdy or indirectly, sought by agreement, communication;,or conference with anyone to fix,ihe bid price of the bidder or any other bidder, or to fix any overhead, .profit, or cost elerms,nt of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding:the contract of anyone interested in the proposed contract; that all SWtements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or arty y breakdown thereof., or the contents thereof, or divulged information or data relative thereto, or paid.,.and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to anymember or agent thereof to effectuate collusive or shawl bid, I certify(or declare) under penalty of perjury under the laws of the State of California that theforegoing is true and correct. Executed this 21 day of October __ 2010 at Ventura , California. Signature of Bidder Ruben Castro Human Services Center 00480 Noncoilusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) SO PACKAGE# 14 specialties Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Na ohn Pence Building Specialties, Inc Signature — Title Matt Whitecomb, vice President (in accordance with article 5 (commencing at section 1860), chapter 1,,part 7, divi*n 2 of the Labor Code., the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Camp. City of Moorpark Page 1 aft Check a License-Contractors State License Board Page 1 of 1 Department of Consumer Affairs Contractors State U oars! Contractor's License Detail - License 4 3822 DISCLAIMER:A license status check provides Information m the CSLB license database.Before relying on this Information,you should be aware of the following limitations. �>CSLB complaint disclosure is restricted bylaw(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. >>Per S&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. --P Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 403822 Extract Date: 10/22/2010 JOHN PENCE BUILDING SPECIALTIES INC 2259 PORTOLA ROAD SUITE A Business Information VENTURA,CA 93003-7724 Business Phone Number(805)642-9139__________..-J, Issue Date_--_-- _ 051 _ 06/19881 ExplreDate ——05/3112011 _._...._ ...._. --- License status Is icense is current and active.All Info ation below should be reviewed. Additional Status: SS DESCRIPTION.Y. '" Classifications: B GgNERAL BUILDING CONTRACTOR D34 PREFABRICATED EQUIPMENT CONTRACTOR'S BOND This license filed Contractors Bond number SC925307 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:03/02IP009 Contractor's Bonding History Bonding: ----- --------- ------- ----------------__-----__-- BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)WHITECOMB LEONARD MATTHEW oertified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:1 0/1 111 995 BQI's Bondina History This license has workers compensation insurance with the NORTHERN INSURANCE COMPANY OF NEW YORK Policy Number.WC0338091401 Workers'Compensation: Effective Date:04/01/2010 Expire Date:04/01/2011 Workers'Compensation History Conditions of Use I Privacy Policy Copyright®2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseIl/LicenseDetail.dspx?LicNum=4... 10/22/2010 ATTACHMENT 14 AGREEMENT BETWEEN THE CITY OF MOORPARK AND ENVIRONMENTAL HEATING AND AIR CONDITIONING, INC., FOR BID PACKAGE # 15 - HVAC AND FIRE SPRINKLERS AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Environmental Heating and Air Conditioning, Inc., a California 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 Bid Package # 15 — HVAC and Fire Sprinklers; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 15 — HVAC and Fire Sprinkler, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. 1 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 Stan Capelli, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 2 exceed seven hundred fifty-three thousand dollars ($753,000.00) plus ten percent (10%) contingency of seventy-five thousand three hundred dollars ($75,300.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 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. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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 5 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's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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. 6 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. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST 7 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 sub- contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Stan Capelli, President Environmental Heating and Air Conditioning, Inc. 821 North Maulhardt Avenue Oxnard, California 93030 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT 8 Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 for each and every day such performance 9 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. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK ENVIRONMENTAL HEATING AND AIR CONDITIONING INC. By: By: Steven Kueny, City Manager Stan Capelli, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. v EXHIBIT B DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform,within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR Environmental Heating & Air Conditioning, Inc BID PACKAGE# 15 all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. I , 2.. ,—, and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071)of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ y✓A (Amou tin Numbers) $ AZ A (Amount in Words) BUILDING"A" SUBTOTAL BID: $ d `� 0 • �` (Amount in Numbers) $ �' it e6yr✓A ,G( � f cam! 1�aai (Amount in Words) BUILDING"B" SUBTOTAL BID: $ y! &Qd� , (Amount in Numbers) / (Am unt in Words) TOTAL BID: $ F4�7 (Amoun 'n Numb s $ ® l (Amount En Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: Stan Ca elli 14. The names of all persons interested in the foregoing proposal as principals are as follows: Stan Capelli pro�i�P„+ Sue Capelli . Secretarv. CFO Environmental neat;ng & Air Conde+� ^r+i ncr Inc (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 644480 Expiration Date 5/31/2012 , class of license C4,3 C36, .0-4 License No. C20, s Expiration Date , class of license I, Stan Capelli ,the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this _day of n,-t nhPr, 2010 at Ventura County, California. Proper Name of Bidder Environm tal xdr2 a cr & Air Conditioning,—Inc By Stan Ca elli Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 82 te?n-N-M l-hamYlt CA 93030 Place of Residence: Telephone: (805 278-4425 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bko KNOWALL MEN BY THESE PRESENTS: that we Environmental Heating_ and Air Conditioning, Inc as Principal, and Massachusetts Bay Insurance Company, Surety Are held and firmly bound unto the CITY OF NIOORPARK.hereinafter called the CRY,in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum In lawful money of the United States, welf and truly to be made. we bind ourselves, our heirs.executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated October 2010,for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 15 NOW, THEREFORE, if the Principal shall not withdraw said bid wthin the period specified therein after the opening of the same,or,if no period be specified,within ninety (90)days after said opening; and If the Principal is awarded the contract,and std within the period specified therefore, or, if no period be specified,within five (5)working days after the award of the contract,enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties,as may be required, for the faithful performance and proper fulfiilment of such contract, and for the payment for labor and materials used for the performance of the contract or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified,N the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may Procure the required work and/or supplies. V the latter amount be In excess of the former,together with all costs incurred by the CITY In again col ft for bids, then the above obligation shall be void and of no effect, otherwise to remain in fufi force and virtue. Sunny, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terns of the contract or the call for bids,or to the work to be performed thereunder,or the spealtications accompanying the same, shalt in any way affect its obligation under this bond,and It does hereby waive notice of any such charge, extension of time,alteration or addition to the terms of said contract or the call for bids, or to the work,or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 7th day of October , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party. (Corporate Seal) Environmental Heatinq andair/eorAitioning c Principal B Stan Capelli Title Presidejat (Corporate Seal) Massachusetts Bay Insurance Company Surety B Attor a in Fact 'R Gutierrez (Attach Attorney in Fact Certificate) Title Exernit i v v;c-P President Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 r is I'll �rpos�e 5 ee or1 fi�iCh 00 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of 120 , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �y�p County of kos q 'e-les ,, t On 1.7 0�l before me, l��/ (J�� l. � arybt?ry Tbbllc, Date j�M. /� . Name and Title of Officer(e.g., Jane Doe,Notary Ic) personally appeared � 1 er y U tl enne Names)of Signer(s) Xpersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) �r COLE f 1755489 to be the person(a)whose name(s}is/awsubscribed to the "pW .GaBtomia Los AMe county within instrument and acknowledged to me that WCq�rit1L ---U&2011 he/sheMW executed the same in his/FaaFMeO authorized capacity(ttm), and that by his/heri'lheir signature(e) on the instrument the person(*, or the entity upon behalf of which the person(*acted, executed the instrument. WITNESS my hand and official seal. Place Notary S eal Above Signature SignatuR of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached cu Title or Type of Document: Document Date: 0 c f obe r a It old 1 tJ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General ❑ Attorney in Fact Top of thumb Attorney in Fact Top of thumb here b here ❑Trustee El Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2009 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 ve09 Reorder:Call Toll-Free 1-800-876.0827 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint ROGER GUTIERREZ,LISA SOTELO of Covina,CA and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single Instance and said companies hereby ratify and confirm all and whatsoever said Attorneys)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in Its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 12th day of July, 2010. SO, ..._....................................... .. , 1t r;X x xk g. — ; w �r M. � a THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 12th day of July, 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. cw...wia�0 Notary Public ryawwwe*.rrra My commission expires on November 3,2011 I,the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile."(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 7th day of October, 20 10. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIT S INS U CE COMPANY OF AMERICA Step .Brauf,A9fSta9Vki Pres nt DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 15 In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %Of Subcontractor Type of Work Total Bid Business Location C�- p-,e��-r-� 6 J I Cp- 1��rS1Dn1 TEST /3�.(�rtc �D AN.4/vei# C Ape, ARO Not more than 50% of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors Proper Name of Bidder: Environmental Heating & Air Conditioning, Inc By. Stan Capelli Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 15 State of California ) ss. County of Ventura ) I, Stan Capelli , being first duly sworn, deposes and says that he or she is President of Environmental Heating & Airroonditioning Inc the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21 day of October , 2010 at Oxnard , California. Si nature of Bidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# 15 Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name Toni al ating & Air Conditioning, Inc. jpny Signature Title President (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 2 Department of + nsuierffaAi rs, Contractors State Li a Qard Contractor's License Detail - License * 644480 DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. >,CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. •k'Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. U,Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number $4{4$0 Extract Date: 10/22/2010 ENVIRONMENTAL HEATING AND AIR CONDITIONING INC B21 NORTH MAULHARDT AVE Business Information OXNARD,CA 93030 Business Phone Number:805 278-4425 Corporation Issue Date 05/08/1992 Expire Date 05/31/2012 License Status This license is current and active.All Information below should be reviewed. Additional Status: -----------___- CLASS DESCRIPTION C43 SHEET METAL C36 PLUMBING Classifications: -- -- - --- --—------ ---- — ----- C-4 BOILER HOT-WATER HEATING AND STEAM FITTING C20 WARM-AIR HEATING VENTILATING AND AIR-CONDITIONING B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 91019327 in the amount of$12,500 with the bonding company FINANCIAL PACIFIC INSURANCE COMPANY. Effective Date:01101/2007 Contractor's Bonding History- BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 91015265 for THOMPSON Bonding: DANIEL CHARLES in the amount of$12,500 with the bonding company FINANCIAL PACIFIC INSURANCE COMPANY. Effective Date:01/01/2007 BQI's Bonding History 2. The Responsible Managing Officer(RMO)CAPELLI STANLEY JOHN JR certified that he/she owns 10 percent or more of the voting stock/equity of the-corporation. A bond of qualifying individual is not required. Effective Date:05/17/2006 BQI's Bonding History This license has workers compensation insurance with the Workers'Compensation: DELOS INSURANCE COMPANY Policy Number:02DKRM12005176 https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum--6... 10/22/2010 Check a License-Contractors State License Board Page 2 of 2 Effective Date:01/01/2010 Expire Date:01/01/2011 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseIl/LicenseDetail.aspx?LicNum=6... 10/22/2010 ATTACHMENT 15 AGREEMENT BETWEEN THE CITY OF MOORPARK AND TAFT ELECTRIC COMPANY, FOR BID PACKAGE # 16 - ELECTRICAL AT THE RUBEN CASTRO HUMAN SERVICES CENTER, 612 SPRING ROAD, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal corporation ("City") and Taft Electrical Company., a California 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 Bid Package # 16 — Electrical; 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 of Moorpark at a meeting held on the 19th day of January, 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B 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 Bid Package # 16 — Electrical, as set forth in Exhibit B, Contractor's Bid Form, dated October 21, 2010, and Exhibit C, Bid Documents, which exhibits are incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Bid Manual, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance as determined by the City's Construction Manager. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value 1 as stated in Exhibit B, without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Project Specifications Volume I dated September 21, 2010, Public Contract Code Section 22300, Technical Specifications, Addendum #1 (dated October 14, 2010), Addendum #2 (dated October 18, 2010), Soils Report (dated June 12, 2007) and Addendum to the soils report (dated June 19, 2008 and April 6, 2009), Bid Form, Plans, Standard Specifications for Public Works Construction ("Green book"), Drawings, Required Bonds and Forms, Permits, Exhibits A, B, and C and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Article 2.b. of the General Conditions (Document # 00700) attached as Exhibit C to the Agreement. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. CITY 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 James Marsh, 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. 7. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms as set forth in 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 eight hundred and ninety-nine thousand dollars ($899,000.00) plus ten percent (10%) contingency of eighty-nine thousand nine hundred dollars ($89,900.00) for the total term of the Agreement unless additional payment is approved as provided in this 2 Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager is authorized by the City Council to approve additional work not to exceed the ten percent (10%) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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. 8. 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 or suspension, Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 3 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 his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 10. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he/she shall forfeit and pay to the City, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Govt. 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. 11. 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 4 necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Construction Manager, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of 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's active negligence accounts for only a percentage of the liability involved, 5 the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the 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 6 indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its Construction Manager, officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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. 18. 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 year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will 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 sub- 7 contractor. 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 of Moorpark and for a one-year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: James Marsh, President Taft Electric Company 1694 Eastman Avenue Ventura, California 93003 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 8 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 28. 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 Section 10 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 9 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK TAFT ELECTRIC COMPANY By: By: Steven Kueny, City Manager James Marsh, President Attest: Maureen Benson, City Clerk 11 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to 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 Two million dollars ($2,000,000) per occurrence for all covered losses and no less than Four million dollars ($4,000,000) 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. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 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 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. 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 change 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. DOCU lF��1, 0 3 0 BIT B (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the"Owner." 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR Taft Electric Company BID PACKAGE# 16 -- Electrical all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. 1 , 2 , , , and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071) of said Owner for the sum of SITE IMPROVEMENTS SUBTOTAL BID: $ C/ (Amount in Numbers) r (Amount in Wordsj BUILDING SUBTOTAL BID: $ T0, d Dom' a y (Amount in Numbers) $ 7-ki d ti (Arhount in Words) BUILDING "B" SUBTOTAL BID: $ Odd' -° (Amount in Numbers) $ Vn 'red tM�7fe I7 �t✓lnTz /L d vt Q l .,SwY,c1 (Amount in Words) TOTAL BID: $ 4Z 17 17, y U, c (Amount in Numbers) (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors(Form 00430) is attached hereto. 7. Non-collusion affidavit(Form 00480)is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specked in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below. Christopher Selvey 1694 Eastman Ave. Ventura CA 93003 P:805-642-0121 / F:805-650-9015 14. The names of all persons interested in the foregoing proposal as principals are as follows: James Marsh President Carol Smith Secretary (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if bidder or other interested person is an individual, state first and last names in full. 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. 772245 Expiration Date 12/31/2011 class of license A, s, Clo License No. Expiration Date__,, class of license I, James Mars _, the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 20 day of October at Ventura County, California. Proper Name of Bidder i daft Plectric rn=any By James Marsh, es' Signature of Bidder If NOTE: If bidder is a rporation, the legal name of the corporation shall be set forth above with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: 1694 Eastman Ave., Ventura, CA 93003 Place of Residence: 1694 Eastman Ave. Ventura CA 93003 Telephone: 8055) 642-0121 END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 (To be eXeq e.d by B ddarand subrnitteal with$id) KIVtwlUaG ALC,MEN ICY THEM= PEN thatvae,TAPT ELECTRIC COMPANY ,aS Prinalpal, and WESTERN SURETY COMPANY, Surety;. An held and f tiniy bdund unto the CITY`OF MOORPARK. hereirlti ter called th C1TY, in the slate: of ten peroe<it 'fp'bj O THE.TQTA�L AM.QU�I T:Qt= T i-E f 1D a3f the Pnt�iripa'1 -stilt ttftl to the alci CITY for the uvork ciescrtbed betoina far the payrnerit of which sure .iii la st mid of the U.ntted Stares,, welt;and truly to be rrtade, uue biricl otarselves; our Fleirs,,,_a ontors, adminlstratars,. successors and assigns, jointly and severalty, firrrtl r by these presents. The .condition of this obligation is such that whereas the Principal has. submitted the accompanying bid dated OCTOBER 21 , 2010,for: RUBEN CASTRO HUMAN-SERVICES CENTER BID PACKAGE# 16-ELECTRICAL NOS,: THERI F� if the Prinpipat.5bafll` nOt withdraw said bid Within -the period speCifii�d therein after'the apemng of the same; or, if rio period be`specifii dr�uitltin niEi fy �_ 0)days after.said opening, and if the Rriricipal is awarded tt7e tootrad, and shall within the period specified t rare are, or, i# no period be spec fie ,; wtthm t�i�►e ( ) w�rWn _t# is C tha card 9fthi con enter into a v dlfeia c�Ptraat-udtkr the CI"f !`, m.4.040400 e uVt h the p.>cf a acc p d and gate#end with 0a and°suV1c rtt spray or'i u ies, as r ay lse regdrad, i6.r the fi3tthful perforr ance and prafier fiaalfilrment of such col a t� and for t'he patent f`or labor anci>h'tatea`ttitfi usod`for 1e perfor .OAC'O-ol the contr act, or in attire euent of thethatet of said k:oclfihn the period specied or the failttr. to enter into s,ur- ce trapt and giva siaoh;f ends within the bme speoified rf the'Principal shall pay the CITY th'e difference:between the atno int,apeciifred in said bid and the s mow for 111tch the. CITY may' pftUrer the required work and/or supplies, if the latter amount tte in e oaf I ae.former,together with all costs incurred by the G�ITY-iii again calling fi r bids, then.the abctve>oblig:anon shall be void and of no- effect, otherwise to remain in full force and virtae: ._. Surety, for -value received, hereby stipulates and agrees that no change, extension of time,.alteration or addition. to the tons of the eontract orlhe call for bids,, ar to the work to 00 11 thereunder, ar the specifications.accompanying the-:sam% shall in any way affect its obligation under this band, and it does hereby waiife nootice of any such�ciiange, extension of titne, alteration or addition to the terms of said contract or the,call for bids, or to the work, or tte specifications. f Ruben Castro Human Services Center 00410 Bid:Berta City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this 14TH day of OCTOBER 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing - (Corporate Seal) TAFT E TIU COMPANY Princip Icy. rsh Title tesVdent (Corporate Seal) WESTERN SURETY COMPANY Sure By Attorney in Fact JUDY PEAREN (Attach Attorney in Fact Certificate) Title ATTORNEY-IN-FACT Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 , Sure o Company 1}OWIM-OF A'i"Cf APPOI-NTi INN',INO`iVMi ATTOR Y Il PACT 1Karosv_Ai}:.iwlen Bp 1`liese PrrsCnts.a�tat ic!I;STt}tl�t SURETY C(SMPAT}Y.,a'Sexcffi Aakola°wrporatitm;is a dulyurganizcil;and cxisf#ngcgrggraiu3n havingits principal-oftibe in the city.of Sioux flat{s,and,State dt`South Dakota;and that:It does t+y virtue of the:$4Pl4Wc'4114 Seat herein AM psi hereby matte,_urastita�aae appoint: i aaaiber Kay Maw,Judy pearen,George V VA10 q,Susan.M�.todtigtrez,Laiu;ra A Kll n Decker, Indiv duaRy of-Saotd.Barhm,t:A,:its Vue atidWON Att'orncy%y4 iii-Ract_with NO power and authority hereby conferred to sign seal-and execute far and-oh its behalf bgnds,;undertel ngs.and otherobl'sgatory insTtitrttentsof-sinWarnature Ian Ylnllm�ted amounts •and tq bind it thereby as-f 1 lit'and tb tltc:sante ctttenhas ifsuc}t bistruiiieitts werc.signtxl_:by'a duly authurimi officer of- corporation and all the acts of said ' Altorney pursuatit.to d CAdhority herehYlOWN.Sm hereby-ratkOd and ctutt}tmEd. This @oaver-of Attorney is.rnadc and executed pursuant to and by authority of the:fiy-Law prir'itcd on thv rcverimhercof duty adopl�}as indiea(c<4,'by thesliarcholders afthe Corp:oration. t 3 r In-Witness..W hereof,lVES7 b1tN SURETY COMPANY has caused'these presents to be°signed by its Stnior Vice President and its comaraic-seal to be'hereto amazed on this 7th"day of Novemtiei;2006, WESTERN SURETY COMPAN Y jI fill 1 #lat$*w vice Po went. � Statc_nf�Snutl f,2ttkota � as: i t otentyoNimehaha iii this 7itr: riy ofNovembcr;2 fi)!i,Before mc.personaliy came Paul T.6ruilat,to:me known,Whoi being by tne,dutyswom,.did depose-abd say: that he rFSide i to-the ity of SiQUx Eldls,:Slaty of Sapth Dakota;that he is the senior Vice President>of WESTERN SURETY•COMPANY described in and wl4lch tGeutek!#1}e:ebgve instrumertl^s t1!Rl hgJM-w_tkte•scal-of skid corporation,that the sea.I.nt Pxul tp'thesaid.?nstnuntont-ic such coeporrt*seal;lbatId Was so:ailiXed'tritrsuant to autliait} $tvcn by the Ritard of Directors of said corparatirin tW ghat he Signed his-name thereto:pursuant to like:8ythprag,.x-0 aektto),dodges same to:be the-act and Bleed of said corporation. My commission ex ft[res .rah«w a4atiii!�^iNhatir�.!.yar'J s D KR£L.L f. aJoycmbcr 3Q 201$. firm �Y:l tJgt 10 i soUi`Hi D7dcG7'�i•` s I {ga,1,Y4t,4,Ml�yyy5gl,yryS�.�4r} D,Krell,No Ftiblic CERTIFICATE 1,L.Nclsan Assistant Secretaryof.WESTERN SURETY COMPANY do hereby certify that-the Power.o€Attomcy.hcrcinabove set fottll is sftll in. i force,aitd'furthercdrtify that the$y; aw oftti--cprporatU—or" fed an the reverse hercaf'is xtill n#orce: fn testimony whereof Fhave hcrcnnta subscribed myname and axed fife seal:af the=said•COtponiCiun this 14th dayofOtt. , 201,0 c r WES'CER'N SURETY COMPANY . E,.T;lZlson,AsSrslgrtt Secretary Form.F4190-09-00 Autbariziag B. -haw QOWANY `tisPower of Altomey ismtaati and executed'pursuanuto and by xuthomy.ofthc.foliawir g lay-Lew duly ,adopteit liy the-sharehulders o£tl�.�ornparEy. i $ aft.7; Ali;bonds,policies,undettaltings,Powers,of Rttomey, or other ob ftatiobs of the C. , Oration sitAli.be exeeitted in'the corporate nine cif..ffm Company!by. the President, ccretarX,and Assistant-Secretary, Treasurer,or at}y nice Pres dent'or by. snclt other officers•as the 116ard of-Directors may authorize. The President,any Vice President,Secretary;:any Assistant Secretary,dr'the Treasurer traay°appoint Attorlreys>in Fact nr agerrts who Shah have authority to issue bonds,.pollties,or undertakinSa in the:,name of the:Conaparty: The:corporate seal is not.ttecessary for the validity-of any bonds;pi liciess,undertakittp, Powers-of Attoniey or other ohligations of-the ctnp6rzt* Ths signature ofany<such calker aad.�thc corpoi'ata seal'uiay he printed by facsiniiie: Q[ I ! 40 ACCOMP 4Ny BLQ B '3ND SEE ATTACHED NOTARY FROM REQUIRED BY CA.LAW AS OF JAN.2008 ATE:0F;OAD F;C3f tVIA ) c-OWN'TY QF Y.SS C{TY'QF' ) Ors his daX`of Q. , before. me,the: under fined, a fyotary Put3lid in and for said C a W Stata; residing herein,duly coinrrft'hetl and sworn, persoriatiy appeared, _ _ known to :e' the of and the aaid duly acknowledged,to,me that subsc��e..,d the name of hereto as urety',and.awn as. SEE.ATTACHED NOTARY FROM REQUIRED BY CA.LAW AS OF JAN.2008 tN'Wf lFSS WHE fEOF,,t have hsceuCtfia set hand and axed my'afticrd1 $eaf tie; day.# y0ar irt, psrtifeate°first!barb v ritt n Fubeh Castro_Human: eruioes Canter a01R R+td Bond Cfy ot'Nfa¢rperk Page 3 of 3 CAUFOW" ALL44XV1 QM J1�[N0IAREDlhMEtay'1' Stets of Callomfa Cody of SANTA BARBARA On T-ad 16 bb.men JAMES KEELING NOTARY PUBLIC nab pereortall appeared JUDY PEAREN who pond b no on ft bards of eNdenos to be the pat"eort(s)whose nente(s) sratasot od to to k0bument and to no Vw 6letluted ft an -e h�elhep al hpt� surld the;by per aTgnemuro(s)on the t wkwnwtt the person(s), or the er" upon bet" of JAMES KEELING Which the (S) , the kuum tt. Le Commission# 1890205 Notary Public•California = Santa Baabara.Counry '� I osrti<y Lander PENALTY OF PERJURY under the� M COMM.Ex ras Jun 16,2014+ M BtabB Of tltet is We and ooneM WITNESS my hand and official seal.a'I�a Nuwr aw Awre S*MM Wr a OPTKWAL 76o O go**mw m bftwja AOtasgoAb Sy j%11 M9'pVW i hOW to parsons NOW an*0 daanrn ' andt+oaMpsN�rlf lis�du�r atrenprst<a»dl�otrnar#af/h�kt brm ba�MaerdvournaN. Dead' Ip"n of Attached Documso _ Tits orlyps of �dam- �h Doaaawd Date: t!d l �- of 6 ,1 rnxriw of Pages: o� SWtetO Other Theft Named Above C111PORY(fts)Ckdmed by Stg w(s) ms's Noma} JUDY PEAREN 8oter'!s tYartae: 0 Individual ❑In0*1dusl 13 Corp=%o ttcer--TM9(g): p pffloer—Tit8(e); O Paafinsr-0 Limited 0 General O Partatsr-0 urnitad O t3efteral 0 Attontey in Fact ❑Al2omW in Ftt 0 Tit�tse �°��""'b a11° p Thides �v aF tlraem none 0 Otmosrnt or Conservator 0 Quardlan or Conservator © Our: 001W. sow Is Repmeerang Is � WESTERN COMPANY � oaoorawr�taearyuneesuar�•amoo.aor��we.,Raeosatoa•aiwwawca als�ra¢•� a�m� n.aaeror�..�aooaneoar CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 1�10/ 'td before me, Tina Bytheway, Notary Public Date Here Insert Name and Title of the Officer personally appeared James Marsh Na (a)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized TINA ffENfAY capacity(ies), and that by his/herAheir signature(s) on the 1 137 instrument the person(s), or the entity upon behalf of ►!ParbNa-California which the person(s)acted, executed the instrument. Aly thnan county Conan as dui 21.2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i. WITNESS my hand and official seal. 3 Signature Place Notary Seal Above Sig store of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed'by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General . ❑Partner—❑ Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact T of thumb here Top of thumb here ❑Trustee ❑ Trustee E l Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NatiDnalNotaryorg Item#5907 Reorder;Cell Toll-Frees-800-87&8827 DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 16-Electrical In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of Califomia) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prune contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b)the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. .-Jo prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or(c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 %Of Subcontractor Type of Work Total Bid Business Location erne rSo�J 61ec�t y;ra..1 t K7 a �A T I P-,c v', Not more than 50% of work shall be performed by Subcontractors(Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors • S•�° Proper Name of B d der Taft Electric Comapany By. m Marsh, President .uben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# 16 - Electrical State of California ) ss. County of Ventura } James Marsh being first duly sworn, deposes and says that he or she is President of Taft Electric company' the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and rrect. Executed this 2 OF day of October 12010 at Ventur rnia , California. Signature of BicW&F Yjames Marsh, President Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura ' Tina B ewa Notary Public On�� before me, Here Insert Name and Title of the Officer Date personally appeared James Marsh Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the TINA BYTHEWAY instrument the person(s), or the entity upon behalf of fo11N111allIi9n 01855377 � which the person(s) acted, executed the instrument. Nolan toe-California watun county I certify under PENALTY OF PERJURY under the laws My L Comm. ras Jul 21,2015 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. F Signature slgnawre o &Uic L Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—O Limited ❑General ❑ Attorney in Fact D Attorney in Fact Top of thumb here El Trustee Top of thumb Here ❑Trustee D Guardian or Conservator ❑Guardian or Conservator ❑ Other: D Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NetioneiNoiaryor9 Item X5907 Reorder..Call Toll-Free 1.8876-6827 Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE# 16-Electrical Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require 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 Company Nam t Electric corn an Signature J arsh Title President (In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above-certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 Check a License-Contractors State License Board Page 1 of 1 Department of Consumer Affairs ; Contractors Stets U hoard Contractor's License Detail - License# 772245 DISCLAIMER:A license status cheek provides Information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(S&P 7124.6)if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. a>Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 772245 Extract Date: 10/22/2010 TAFT ELECTRIC COMPANY P O BOX 3416 Business Information VENTURA,CA 93006 Business Phone Number_@M)642-0121.___ Entlgr _ _ Corporation Issue Date 12106/1999 _Expiro Dais 12131/2011 License status This license is current and active.All information below should be reviewed. _-_-- CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Classifications: ____.__ -_ -- ------------ ._ B GENERAL BUILDING CONTRACTOR CIO ELECTRICAL CONTRACTOR'S BOND This license filed Contractor's Bond number 828113643 In the amount of$12,600 with the bonding company NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. Effective Data:01/01/2007 Contractor's Bonding History Bonding: � T BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)HARTMAN WALTER EDWARD JR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:12/06/1999 Boi's Bonding History This license has workers compensation insurance with the OAK RIVER INSURANCE COMPANY Policy Number:A1CW36011007 Workers'Compensation: Effective Date:01/01/2010 Expire Date:01/0112011 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Conditions of Use(Privacy Policy Copyright 0 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=7... 10/22/2410 EXHIBIT C Project Specifications - Volume RUBEN CASTRO HUMAN SERVICES CENTER CITY OF MOORPARK MOORPARK, CA September 21, 2010 OWNER: CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 CONSTRUCTION MANAGER: BARNHART BALFOUR BEATTY 300 E.ESPLANADE DRIVE, STE. 350 OXNARD, CA 93036 Phone; 805.983.1558 Fax; 805.983.7249 ARCHITECT: HMC ARCHITECTS 633 W. 5T" STREET, THIRD FLOOR LOS ANGELES, CA 90071-2005 Phone; 213.542.8300 Ruben Castro Human Services Center City of Moorpark Project Specifications - Volume I Table of Contents Cover Sheet 00000 Exhibit C- Table of Contents 00020 Exhibit C- Notice to Contractors Calling for Bids 00100 Exhibit C- Information to Bidders 00110 Exhibit C- Bidder's Clarification Request 00120 Exhibit C- Drawing and Document List 00150 Exhibit C- Division of Work by Specification Section and Bid Package Matrix by Specification Section 00151 Exhibit C- Existing Site Utilities 00152 Exhibit C- Phase 1/Phase 2 Work Areas 00153 Exhibit C- Temp Fencing Plan 00154 Exhibit C- Temporary Water Service Plan 00155 Exhibit C- Temporary Phone and Data Plan 00156 Exhibit C- Temp Power Plan 00157 Exhibit C- Temporary Lighting Plan 00160 Exhibit C- Preliminary Master Schedule 00200 Exhibit B- Contractor's Certificate Regarding Worker's Compensation 00240 Exhibit C- Statement of Bidder's Qualifications 00300 Exhibit B- Bid Form 00410 Exhibit B- Bid Bond 00417 Exhibit C- Drug-Free Workplace Certification 00430 Exhibit B- Designation of Subcontractors 00480 Exhibit B- Non-collusion Affidavit 00490 Exhibit C- Compliance with Environmental, Health and Safety Standards 00500 Agreement and Exhibit A Insurance Requirements 00600 Exhibit C- Bond for Faithfull Performance 00610 Exhibit C- Bond for Material Suppliers and Laborers 00700 Exhibit C- General Conditions 00800 Exhibit C- Special Conditions 00810 Exhibit C- Site Safety and Health Program 00820 Exhibit C- Building Information Modeling (BIM) Coordination Plan 00850 Exhibit C- Addenda Exhibit C — PROJECT SPECIFICATIONS —VOLUME II (also referred to as Technical Specifications) as prepared by HMC Architects Exhibit C — PROJECT PLANS COMPLETE as prepared by HMC Architects and its consultants Exhibit C — STORM WATER POLLUTION PREVENTION PLAN dated June 5, 2010 (WID Ruben Castro Human Services Center 00000 Project Specifications -Volume I T0000000 Project Specifications - Volume I TOC City of MoorparkExhibits modified for contract documents 01/20/11 Index exhibit C to contracts-1-7-111 Page 1 of 2 Project Specifications - Volume I Table of Contents # 4 56C354665) —Available upon request Exhibit C — GEOTECHNICAL REPORT URS Project No. 29405046 Soils Report dated 06. with addendum letter dated 04.06.09 Available upon request Forms 01 Prime Contractor Application and Certificate for Payment 02 Affidavit of Compliance with California Prevailing Wage Law 03 Conditional Waiver and Release Upon Progress Payment w/ Declaration 04 Unconditional Waiver and Release Upon Progress Payment w/ Declaration 05 Conditional Waiver and Release Upon Final Payment w/ Declaration 06 Unconditional Waiver and Release Upon Final Payment w/ Declaration Ruben Castro Human Services Center 00000 Project Specifications - Volume I T0000000 Project Specifications - Volume I TOC City of MoorparkExhibits modified for contract documents 01/20/11 Index exhibit C to contracts-1-7-111 Page 2 of 2 NOTICE TO CONTRACTORS CALLING FOR BIDS NOTICE IS HEREBY GIVEN that City of Moorpark, hereinafter referred to as the Owner, will receive up to, but no later than 2:00 o'clock p.m. on Thursday, October 21, 2010 sealed bids for the award of trade contracts of construction of the below listed Bid Packages (Items 1 through 16)of work to be performed on RUBEN CASTRO HUMAN SERVICES CENTER 612 Spring Road Moorpark CA 93021 This project is being bid as a Multiple Prime Construction Management Project for the construction of 2 one - story buildings consisting of offices and medical services of approximately 25,000 sq. ft. including utilities, hardscaping and landscaping. Bid Package Title License Required No. 1 Surveying A 2 Grading and Paving A or B or C12 3 Landscape and Irrigation B or C27 4 Site Utilities and Building Plumbing C34 or C36 5 Concrete, CMU, Site Furnishings B or C8 6 Structural Steel and Miscellaneous Metals, Metal C51 Decking, Fences and Gates-Ornamental Metal 7 Rough Carpentry C5 8 Finish Carpentry, Casework B or C6 9 Roofing C39 10 Sheet.Metal Roofing, Sheet Metal, Skylights and Roof C43 Accessories 11 Glass & Glazing; Aluminum Frames, Storefronts C17 12 Finishes B or C9 and C33 13 Flooring C15 and C54 14 Specialties B 15 HVAC and Fire Sprinklers C16 and C20 16 Electrical C10 Hand delivered sealed bids shall be addressed with the appropriate Company Name and address, Bid Package Number, and marked "DO NOT OPEN WITH REGULAR MAIL" and shall be received at the office of the Owner at Attention: City Clerk City of Moorpark Development Services Building 799 Moorpark Avenue Moorpark CA 93021 Bid Package Results will be opened and announced to the public in order of the Bid Package numbers. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. Each bid must conform and be responsive to the contract documents, copies of which are now on file at HMC Architects 633 W. 5th Street, Third Floor, Los Angeles CA 90071-2005. Plans and specification may be obtained on September 23. 2010 at Ford Graphics whose address is 171 East Thousand Oaks Blvd., Suite 108, Thousand Oaks, CA 91360. Phone: 805.496.0993, Fax: 805.658.7108. Plans and specifications are available for viewing thru Ford Graphics Planwell. Contact Ford Graphics for information. Plans and specification are available for viewing at Ventura County Contractors Association, 805.981.8088, 1830 Lockwood Street, Suite 110, Oxnard, CA 93036. MANDATORY PRE-BID CONFERENCE AND JOB WALKS are scheduled for September 28, 2010 at 1:00 p.m. and October 5, 2010 at 1:00 p.m. at the project site. Potential bidders are required to attend one (1) of these pre-bid conferences and job walks. Failure to attend and sign in at one (1) of the mandatory pre-bid conference and job walks will result in a bidder's proposal being rejected as non-responsive. The purpose of this pre-bid conference and walk- through is for bidders to have an opportunity to familiarize themselves with the existing conditions. No interpretations or clarifications of contract documents will be made at this time. The bid documents require all bidders to visit and familiarize themselves with the site prior to bidding. This Project is being bid as a Multiple Prime Construction Management Project. Any bidder may bid on one or more of the 16 Bid Packages. The contract for each bid package will be awarded to the lowest responsible bidder provided that they the bidder is responsible and unless the City elects to reject all bids for that bid package. Each bid shall be accompanied by the security referred to in the contract documents, the non- collusion affidavit, the statement of bidder's Qualifications, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders. Each bidder shall submit, on the form furnished with the contract documents, a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq. Each bid shall be accompanied by a certified or cashier's check or bid bond in an amount not less than ten percent (10%) of the total bid price, payable to the City of Moorpark as a guarantee that the bidder, if its proposal is accepted, shall promptly execute the Agreement, furnish a satisfactory Faithful Performance Bond in an amount not less than one-hundred percent (100%) of the total bid price, furnish a Payment Bond in an amount not less than one- hundred percent (100%) of the total bid price, and furnish certificates evidencing that the required insurance is in effect in the amounts set forth in the general conditions. In the event of failure to enter into the contract and execute the required documents, such bid security will be forfeited. The Faithful Performance Bond shall remain in full force and effect through the guarantee period as specified in the general conditions. The successful bidder shall file Payment and Performance Bonds issued by an admitted Surety approved to conduct business in the State of California approved by the Owner in the form set forth in the contract documents'. Pursuant to Public Contract Code Section 22300 and upon request of the contractor, substitution of eligible and equivalent securities for any moneys withheld to insure performance under this contract for the work to be performed shall be permitted at the request and expense of the successful bidder. If the successful bidder does not elect to substitute eligible and equivalent securities, a 10% retainer will be withheld from the contractor's payment. The Owner reserves the right to reject any or all bids or to waive any immaterial irregularities or informalities in any bids or in the bidding. The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. This is a prevailing wage project. Pursuant to California Labor Code Section 1770, et. Seq. copies of the determination of the Director of the Department of Industrial Relations of the general prevailing rate of per diem wages for each craft, classification and type of worker needed to execute the work are on file in, and available to any interested person by request, at the City of Moorpark Offices at 799 Moorpark Avenue, Moorpark, California, and are hereby incorporated herein and made part hereof as though set forth in full. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the said specified rates to all workers employed by them in the execution of the contract. The payment of prevailing wages is required. Weekly submission of certified payroll documentation will be required. Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification for the work to be performed. Failure to possess the specified license or licenses shall render the bid non-responsive and shall act as a bar to the award of the contract to any bidder not possessing the specified license at the time of the award. Licenses acceptable for the work are indicated after the title of the bid package listed above and more than one license may be required. This list in no way relieves the Contractor from fulfillment of any legal requirement or licensing necessary for performance of his work. The City of Moorpark is committed to providing equal educational, contracting, and employment opportunity to all in strict compliance with all applicable State and Federal laws and regulations. No bidder shall withdraw his bid for a period of ninety (90) days after the date set for the opening of bids. Time is of the essence in the performance of the work specified herein. All work shall be completed in every detail to the satisfaction of the Owner in compliance with the Project Schedule. All work must be completed as specified in Document 00160, Preliminary Construction Schedule, including updates and revisions as made by the Construction Manager. Time is of the essence. Failure to complete the Work within the time set forth herein will result in the imposition of liquidated damages for each day of delay, in the amount set forth in the Information for Bidders. A Payment Bond must be filed for a contract involving an expenditure in excess of $25,000 (Civil Code section 3247(a)) and may be required for contracts involving smaller expenditures at the option of the Owner. Do not publish below this line Date: September 16, 2010 Publish Date(s): September 21, 2010 September 28, 2010 Contact: Jessica Sandifer, Management Analyst Account No.: 2905.2410.5020.9234 DOCUMENT 00100 INFORMATION TO BIDDERS 1. Preparation of Bid Form The City of Moorpark (sometimes referred to as "City" or "Owner") invites bids on the attached form to be submitted at such time and place as is stated in the Notice to Contractors Calling for Bids. All blanks in the bid form must be appropriately filled in, and all prices must be stated in both words and figures. If a different price is stated in words than is stated in figures, the price stated in words shall be the price bid. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, the name of the project for which the bid is submitted, and the appropriate Bid Package number. It is the sole responsibility of the bidder to see that his bid is received in proper time. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. All bids received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. The project is being bid as a Multiple Prime Construction Management project. The categories included in each of the bid packages are defined in Document 00150 - Division of Work by Specification Section. Bidders must review Document 001,50 in its entirety, including the matrix at the end of the section. If a work item is contained in more than one bid package it should be bid in each package and if necessary a credit will be issued to one or more bid packages. DO NOT leave out the cost of a work item because it is covered in another bid package. Bidders not in possession of a complete set of plans and specifications will not be included in the official plan holder's list, and will not be notified of any addenda. It is the bidder's responsibility, if he chooses to use a plan room, to verify he has received all addenda, etc., prior to submitting a bid. The following forms must be included in your sealed bid as provided in the Project Manual. If for some reason you do not have all the forms, contact the Construction Manager for a replacement set: a. Document 00300 - Bid Form b. Document 00410 - Bid Bond c. Document 00417 - Drug Free Workplace Certification d. Document 00430 - Designation of Subcontractors e. Document 00480 - Non-Collusion Affidavit f. Document 00490 - Compliance with Environmental, Health and Safety Standards g. Document 00200 - Contractors Certificate Regarding Worker's Compensation h. Document 00240— Statement of Bidder's Qualifications Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 1 of 9 Failure to include all forms in the sealed bid could render the bid non= responsive 2. Bid Security Each bid shall be accompanied by a certified or cashier's check payable to City of Moorpark, or a satisfactory bid bond in favor of City of Moorpark executed by the bidder as principal and an admitted surety approved to conduct business in the State of California as surety, in an amount specified in the Special Conditions hereof. The check or bid bond shall be given as a guarantee that the bidder shall execute the agreement if it be awarded to him in conformity with the contract documents and shall provide the surety bond or bonds as specified therein within five (5) days after notification of the award of the contract to the bidder. 3. Delivery of Bids All bids must be hand delivered by the bidder and under sealed cover. City of Moorpark will not accept any bids or bid modifications submitted by US Mail, overnight delivery, express delivery service, facsimile or electronic mail transmission. 4. Signature The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. 5. Modifications Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the contract documents may result in the City of Moorpark's rejection of the bid as not being responsive to the invitation to bid. No oral, telephonic or telegraphic modification of any bid submitted will be considered. 6. Erasures/Mutilation of Bid Documents The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 7. Examination of Site and Contract Documents Each bidder shall visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any contract documents, form, instrument, addendum, or Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 2 of 9 other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from obligations with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with all terms of this section. 7.1 Each bidder, by making his bid represents that he has read and understands the Contract and Bid Documents and any and all related reports and information. After executing the Agreement, no consideration will be given to any claim of misunderstanding of the documents. 7.2 Each bidder, by making his bid, represents that he has visited the site, inspected the area of the work, and familiarized himself with the local conditions under which the work is to be performed, including sub-surface conditions. Such inspection shall specifically consider requirements for accessing the site and determining the work can be completed as required by, and as shown in, the Contract Documents. 7.3 With City of Moorpark's approval, including provision of insurance as required, and after scheduling access with the City of Moorpark, each bidder may conduct additional site investigations at the bidder's sole cost. 8. Withdrawal of Bids Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 9. Agreements and Bonds The Agreement form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds which he will be required to furnish at the time of execution of the Agreement, are included in the contract documents and shall be carefully examined by the bidder. The required number of executed copies of the Agreement, the Performance Bond, and the Payment Bond for Public Works is as specified in the Special Conditions. The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest standards the City of Moorpark is legally permitted to establish and which it has established. The Payment Bond must be in the amount of one hundred (100) percent of the total amount payable. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest standards the City of Moorpark is legally permitted to establish. Bonds shall be in the form set forth in the contract documents. Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 3 of 9 10. Interpretation of Plans and Documents If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or other information pertaining to the site (including any available soils or geotechnical report) or finds discrepancies in, or omissions from the drawings and specifications, he is hereby required in accordance with Public Contract Code section 1104 to submit to the Construction Manager a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents or other available information will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. At the option of the City of Moorpark, all addenda may be mailed, delivered, faxed, made available for pick-up or sent via electronic mail. City of Moorpark shall have the option to send a hard copy via regular mail or overnight delivery, at the option of City of Moorpark. No oral interpretation of any provision in the contract documents will be made to any bidder. Numbers spelled out in words will take precedence over numerals /figures. ALL REQUESTS FOR CLARIFICATION must be received in the office of the Construction Manager no later than 5:00 p.m. on October 12, 2010. Please fax the Bidder Clarification Request to 805.983.7249. Requests received after that time will not receive a response. Failure of a bidder to request clarification of apparent errors or ambiguities waives the bidder's right to object to a clarification issued later by the Architect or the Construction Manager. A Bidder Clarification Request form (Document # 00110) is provided immediately following this Information for Bidders section. 11. Bidders Interested in More Than One Bid and Bidders Not Qualified to Bid No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders or making a prime proposal. No person, firm, or corporation shall be allowed to bid who has participated in the preparation of contract specifications; a bid by such a person, firm or corporation shall be deemed to be nonresponsive. 12. Award of Contract The City of Moorpark reserves the right to reject any or all bids, or to waive any immaterial irregularities or informalities in any bids or in the bidding. The award of the contract, if made by the City of Moorpark, will be to the lowest responsible bidder therefore. Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 4 of 9 13. Alternates Additive and Deductive Items: Method of Determining Lowest Bid Pursuant to Public Contract Code section 20103.8, should this bid solicitation include additive and/or deductive items, the checked [X] method shall be used to determine the lowest bid: XX (a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. (b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items taken in the numerical order set forth in the bid form. (c) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items that, when in the bid form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City of Moorpark before the first bid is opened. (d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined. If no method is checked, sub-paragraph (a) shall be used to determine the lowest bid. Notwithstanding the method used by the City of Moorpark to determine the lowest responsible bidder, the City of Moorpark retains the right to add to or deduct from the contract any of the additive or deductive items included in the bid solicitation. 14. Evidence of Responsibility Upon the request of the City of Moorpark, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City of Moorpark satisfactory evidence showing the bidder's financial resources, his construction experience in the type of work being required by the City of Moorpark, and his organization available for the performance of the contract and any other required evidence of the bidder's qualifications to perform the proposed contract. The City of Moorpark may consider such evidence before making its decision awarding the proposed contract. Failure to submit requested evidence of a bidder's responsibility to perform the proposed contract may result in rejection of the bid. Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 5 of 9 15. Listing Subcontractors Each bidder shall submit with his sealed bid a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 and following). Forms for this purpose are furnished with the contract documents. In addition to these requirements, within one business day after the bid opening, Contractor shall provide the address, phone number, and license number of each listed subcontractor. If the bidder fails to provide information within one business day, City of Moorpark may in its discretion, reject the bid as nonresponsive. 16. Workers' Compensation In accordance with the provisions of section 3700 of the Labor Code, Contractor shall secure the payment of compensation to his employees. Contractor shall sign and file with City of Moorpark the following statement prior to performing the work under this contract: "I am aware of the provisions of section 3700 of the Labor Code which require 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." The form of such certificate is included as part of the contract document (Document# 00200). 17. Substitution of Security Pursuant to Public Contract Code Section 22300 and upon request of the contractor, substitution of eligible and equivalent securities for any monies withheld to insure performance under this contract for the work to be performed shall be permitted at the request and expense of the successful bidder. If the successful bidder does not elect to substitute eligible and equivalent securities, a 10% retainer will be withheld from the contractor's payment 18. Contractor's License If, at the time the bids are opened, bidder is not licensed to perform the project in accordance with division 3, chapter 9 of the Business and Professions Code of the State of California (Section 7028.15) and the Notice to Contractors Calling for Bids, the bid will not be considered. 19. Storm Water Permit for Construction Activity Where applicable to the work of this contract, City of Moorpark shall make available to Contractor a copy of the State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (the "Permit"). Contractor to verify Permit Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 6 of 9 from City of Moorpark is in place prior to physical work on this contract. City of Moorpark shall also provide Contractor with a copy of the Storm Water Pollution Prevention Plan (SWPPP) at least two weeks prior to the opening of bids. City of Moorpark has retained the Construction Manager to prepare the SWPPP Plan and will pay costs for the plan preparation. Contractor shall be responsible for implementing and complying with the provisions of the Permit and the SWPPP pursuant to Article 69 of the 00700 General Conditions hereof, including requirements specified in other parts of the contract documents. It shall be Contractor's responsibility to evaluate and include in the bid the cost of compliance with the SWPPP and the cost of monitoring as required by the Permit. Contractors on site are required to comply with all water quality regulations and requirements of the State Water Resources Board of California and the County of Ventura. All contractors on site must review the Storm Water Pollution Prevention Plan (SWPPP) in the construction trailer of the Construction Manager and sign a certification that they will comply with the plan starting their first day on the proiect. Anv violation of the governing permits and/or SWPPP requiring clean-up or enforcement penalties will be paid for at the cost of the contractor incurring those violations 20. Ethics in Bidding The City of Moorpark expects the bidders to maintain high ethical standards in engaging in the competitive bidding process. The bid amount of one bidder should not be divulged to another before the award of the subcontract or order, nor should it be used by Contractor to secure a lower proposal from another bidder on that project (bid shopping). Subcontractors or Suppliers should not request information for the Contractor regarding any sub-bid in order to submit a lower proposal on that project (bid peddling). City of Moorpark will consider any bidder found to be engaging in such practices to be a non-responsible bidder and may reject its bid on that ground. 21. Substitutions and Special Brand Names In accordance with Public Contract Code section 3400 "prior to the award of the contract", City of Moorpark must provide for "submission of data substantiating a request for a substitution of'an equal' item." Therefore, no later than fifteen 05) days prior to bid date, if a bidder is requesting substitution of "an equal" item or product or work, the make and grade of the item, product or work which is to be substituted shall be provided to the City of Moorpark representative. The documentation submitted must include any and all illustrations, specifications, and other relevant data including catalogue information which describes the substituted item or product or work and substantiates that it is an "or equal" to the specified item or product or work. In addition, the submittal documentation must also include a statement of the cost implications of the substitution being requested stating whether and why the substitution will reduce or increase the agreement price. The documentation submitted must also include information regarding the durability and life cycle cost of the substituted item, product or work. Substantiating data shall include a signed affidavit from the Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 7 of 9 Contractor stating that the substituted item or product or work is equivalent to the specified item or product or work in every way except as listed on the affidavit. The same substitution information is to be included in the sealed bid submittal package. Failure to submit all the needed substantiating data, including the signed affidavit, may result in a determination that the bid is non-responsive. BIDDERS ARE SPECIFICALLY NOTIFIED THAT THE SUBMISSION OF THIS DOCUMENTATION IN NO WAY OBLIGATES THE CITY OF MOORPARK OR ITS REPRESENTATIVE TO REVIEW SUCH DOCUMENTATION PRIOR TO CONTRACT AWARD. FURTHERMORE, IF A PROPOSED SUBSTITUTION IS REJECTED, BIDDER SHALL BE RESPONSIBLE TO PROVIDE THE ITEM OR PRODUCT OR WORK AS ORIGINALLY SPECIFIED AT NO ADDITIONAL COST TO THE CITY OF MOORPARK. CITY OF MOORPARK HAS THE COMPLETE AND SOLE DISCRETION TO DETERMINE IF AN ITEM OR ARTICLE IS AN EQUAL ITEM. 22. Fingerprinting No fingerprinting requirements. See 0800 Special Conditions. 23. Prevailing Wage Project This is a Prevailing wane project. Pursuant to California Labor Code Section 1770, et. Seg. copies of the determination of the Director of the Department of Industrial Relations of the general prevailing rate of per diem wages for each craft,classification and type of worker needed to execute the work are on file in, and available to any interested person by request, at the Redevelopment Agency Offices at 799 Moorpark Avenue, Moorpark, California, and hereby incorporated herein and made part hereof as though set forth in full. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the said specified rates to all workers employed by them in the execution of the contract. The payment of prevailing wages is required. Weekly submission of certified payroll documentation will be required. 24. Disabled Veterans Participation Goals. There are no DVBE requirements for this project; however, City of Moorpark would like to encourage participation. 25. Additional Contractors: The Contractor shall coordinate with any additional contractors contracted to perform work on or adjacent to this site. 26. Off-Site Construction Contractor shall comply with all requirements of the City of Moorpark and affected utility suppliers for all work in the Public right-of-way and any area to be added to the right-of-way, by dedication or easement. Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 8 of 9 Grading, construction staging and utility construction indicated off-site on private property shall comply with the requirements of letters of permission from the adjacent property owners as obtained by Owner. 27. Construction Manager Barnhart Balfour Beatty, (the "Construction Manager') is the Construction Manager for this project. The Construction Manager will be the City of Moorpark representative during construction of the project and will assist the City of Moorpark in the administration of the contract. All instructions from the City of Moorpark to the bidders (and to the Contractors, when the contracts are awarded) and all communications from the bidders (and the Contractors, when the contracts are awarded) shall be directed through the Construction Manager. The Construction Manager's address is 300 East Esplanade Drive, Suite 350 Oxnard CA 93036 telephone 805.983.1558 fax 805.983.7249. Please provide a cover sheet with all communications that include company, contact name, phone number, number of total pages sent, project name and trade package number. 28. Project Name and Address The Project name is Ruben Castro Human Services Center City of Moorpark 612 Spring Road Moorpark CA 93021. END OF DOCUMENT Ruben Castro Human Services Center 00100 Information to Bidders City of Moorpark Page 9 of 9 BIDDER'S CLARIFICATION REQUEST Date: PROJECT: Ruben Castro Human Services Center City of Moorpark Bid Package No. FROM: REFERENCE: Drawing Number or Numbers Specification Section or Sections Please provide the following clarification(s): Signed: Trade Contract Bidder SPACE BELOW THIS LINE FOR USE BY ARCHITECT/CONSTRUCTION MANAGER ONLY Date Received by CM: Date sent to Architect: Date Received by Architect: Date returned to CM: Date Received by CM: Date issued in Addendum: Response: Signed: for the Architect Signed: for the Construction Manager FAX: Barnhart Balfour Beatty (858) 983-7249 Ruben Castro Human Services Center 00110 Bidder's Clarification Request City of Moorpark 00150 DIVISION OF WORK Part 1-General 1.1. SUMMARY A. GENERAL NOTE: Work items listed in this section are for clarification only and are not intended to be a comprehensive list of inclusions. It is the responsibility of each bidder to include all plant, labor, material, and equipment necessary to complete the work of his Bid Package as shown on the plans or contained in specifications. B. As explained in this document, work of the total project is planned to be accomplished by dividing the total work among the various prime contracts, each contract of which is identified by a "Bid Package" number and title. The various prime contractors are referred to herein as TRADE CONTRACTORS. 1.2. SCOPE OF CONTRACTS A. The Owner's intent is to include within each contract a requirement that the successful bidder, as Trade Contractor, provide all plant, labor, material, and equipment (except as specifically noted otherwise) to accomplish all of that particular type of work required for the project as designed. B. It is essential that bidders carefully study all drawings and specifications to determine the amount of plant, labor, material and equipment necessary to accomplish the particular type of work upon which bid is made and for proper completion of the project as designed. Trade Contractors must study all drawings to ensure all portions of work related to that particular Bid Package are covered in bid amount. C. This Section defines scope-of-work of the various Bid Packages involved in its construction. D. The Dot Matrix Chart, included at the end of this Section, entitled "Division of work by Specification Section" shall be incorporated by reference into each "Agreement" between Owner and Trade Contractor, and indicates sections upon which contracts will be based. E. Bidders are referred to Document, "Information to Bidders", for method of securing clarification prior to bidding, if such clarification is felt to be needed. 1.3. DIVISION OF WORK AMONG THE TRADE CONTRACTORS A. The project will be constructed through multiple prime contracts, as explained above. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 1 of 75 1. Each of the prime contracts will be identified by "Bid Package" number and title. j 2. To enable better communication regarding the project, all parties involved are encouraged to cite Bid Package number and title in all written communications. 3. Each contract awarded will require its successful bidder, as Trade Contractor, to provide all plant, labor, material and equipment and perform all work necessary to accomplish the work described in the Bid Package upon which bid is made and contract is awarded. It is essential that bidders carefully study the drawings and specifications to determine the plant, labor, and material necessary to accomplish the work upon which the bid is made. B. Bid Package Numbering: 1. The Bid Package numbering on the project has no other significance except to help readily identify the groupings of work. 2.1 ALL BID PACKAGES: The following work items are included in all bid packages: PROJECT SPECIFICATIONS —VOLUME 1 00020 Exhibit B - Notice to Contractors Calling for Bids 00100 Exhibit B - Information to Bidders 00110 Exhibit B - Bidder's Clarification Request 00120 Exhibit B - Drawing and Document List 00150 Exhibit B - Division of Work by Specification Section and Bid Package Matrix 00151 Exhibit B - Existing Site Utilities 00152 Exhibit B - Phase 1/Phase 2 Work Areas 00153 Exhibit B - Temp Fencing Plan 00154 Exhibit B - Temporary Water Service Plan 00155 Exhibit B - Temporary Phone and Data Plan 00156 Exhibit B - Temp Power Plan 00157 Exhibit B - Temporary Lighting Plan 00160 Exhibit B - Preliminary Master Schedule 00200 Exhibit B - Contractor's Certificate Regarding Worker's Compensation 00240 Exhibit B - Statement of Bidder's Qualifications 00300 Exhibit B - Bid Form Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 2 of 75 00410 Exhibit B - Bid Bond 00417 Exhibit B - Drug-Free Workplace Certification 00430 Exhibit B - Designation of Subcontractors 00480 Exhibit B - Noncollusion Affidavit 00490 Exhibit B — Compliance with Environmental, Health and Safety Standards 00500 Agreement and Insurance Requirements 00600 Exhibit B - Bond for Faithful Performance 00610 Exhibit B - Bond for Material Suppliers and Laborers 00700 Exhibit B - General Conditions 00800 Exhibit B - Special Conditions 00810 Exhibit B - Site Safety and Health Program 00820 Exhibit B - Building Information Modeling (BIM) Coordination Plan 00850 Exhibit B -Addenda Exhibit B - PROJECT SPECIFICATIONS-VOLUME II (also referred to as Technical Specifications) as prepared by HMC Architects Exhibit B - PROJECT PLANS COMPLETE as prepared by HMC Architects and its consultants Exhibit B - STORM WATER POLLUTION PREVENTION PLAN dated June 5, (WID #4 56C354665) Exhibit C - GEOTECHNICAL REPORT URS Project No. 29405046 Soils Report 06.12.07 with addendum letter dated 04.06.09 A. The work noted in each bid package must be included in that bid, regardless of what any other bid package states. If there is a duplication of work between your package and another, forward a Bid Clarification Request. If the time for bid clarification has run out, include the work in your bid. If duplications are found after bid, Construction Manager will make a determination on who shall perform the work. The contractor who does not.perform the work will be required to provide a credit to the owner for the duplicated work. B. All Trade Contractors are responsible for full compliance with the Site Safety and Health Program in addition to their own Safety and Health Programs. C. Bid Packages # 4 Site Utilities and Building Plumbing, # 6 Structural Steel and Misc. Metals, Metal Decking, Fences and Gates — Ornamental Metal, # 15 HVAC and Fire Sprinklers and # 16 Electrical are responsible for full involvement, cooperation and implementation of Special Condition Document # 00820 Building Information Modeling (BIM) Coordination Plan. All other Bid Packages are responsible for supplying secondary information, cooperation and implementation of same Document and coordinated plan. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 3 of 75 D. Responsibility for storage and security of own materials and equipment located on jobsite. Location of staging area to be determined by Construction Manager. Staging area may be subject to several moves onsite over the duration of the project. Own work shed, yard and security fence if required for storage. E. Scaffolding and hoisting for own work. F. Submittals, including product data, shop drawings, mock ups, samples and as-built drawings as specified. Including the responsibility of cost for delivery and return. G. Trade Contractor shall furnish detailed Schedule of Values (S.O.V) within 10 days of Notice to Proceed. S.O.V. to be broken down by material, labor and equipment. S.O.V. to be broken down by Site, Building A and Building B and major sequence of work and per the Construction Schedule. Each line item shall not exceed $50,000.00. Construction Manager to approve S.O.V. in writing. Reference Specification Section 01 20 00 Price and Payment Procedures. H. Trade Contractor responsible for temporary power, portable lighting and extension cords from pre-established electrical spider box locations or pole mounted receptacles as necessary to complete own work. Trade Contractor will be responsible for portable lighting for own work including extension cords. Temporary electrical power distribution (spider boxes) in/or around structures will be provided by Electrical Trade Contractor. Construction water will be responsibility of each trade contractor. Construction Manager will provide source of water at a fire hydrant, including meter. Individual trade contractors will be responsible for distribution, including but not limited to, water trucks, hoses/piping from meter to area of work as required. Water usage will be paid by Owner. I. Daily clean-up of own debris and removal of same from jobsite, including dumpsters and fees as necessary. Jobsite to be kept in a "broom-swept" condition at all times. Street cleaning as required for own work. Should clean up not occur daily, a single 24 hour notice to perform will be issued. If after 24 hours clean up has not occurred or is not in progress, the CM will proceed with necessary clean up without further notice and deduct from that Trade Contractor responsible the cost for the clean up including labor, materials, trash bins, haul and dump fees, supervision, site administration and main office administration. J. Coordination and protection of own work with other trades. All damage must be identified and agreed to by participating trade contractors at time of occurrence. Construction Manager and / or City will not be responsible for any costs other than those caused by city staff and / or vendors. Change orders will be processed only if damage is agreed upon with signatures by participating trade contractors. K. Responsibility for environmental conditions affecting own work. L. Protection of own work including barricades for traffic control. M. Layout and field measurements for own work. N. Safety requirements for own work. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 4 of 75 O. Parking as required for own employees at areas designated by Construction Manager. P. Compliance with specified warranty and guarantee requirements. Q. One foreman per trade contractor for duration of own and subcontracted work on project. Foreman must be onsite when all work within bid package is being performed. Foreman may not be changed without Construction Manager's approval. Foreman must be reachable via portable communication (i.e., cellular phone). R. Sealants and caulking for own work as per section 07 92 00 Joint Sealers. S. Move-ons including re-mobilization to comply with Construction Manager's schedule. T. Procurement of City business license. U. Conformance with project manual, specifications, and project plans. V. Coordination and compliance with regulatory agencies, trade organizations, and governing bodies' requirements having jurisdiction over own work. W. Trade contractor has primary responsibility for locating existing utilities prior to commencing underground work. Trade contractor must make own notification to required agencies and hold a pre-dig conference prior to starting underground work. Trade contractor should not rely on any representation made by anyone other than those individuals duly authorized to survey, locate and stake existing utilities. X. Job hazard analysis required to be submitted to Construction Manager prior to commencement of work. Y. Traffic control, flagman, trench plates or barricades as required for own work onsite and/or in street, roadways, parking lot, sidewalk, driveway entrances, or offsite. Z. All welding required for own work. Submit welder's certifications. AA. All project record documents as required per plans and specifications. Monthly updates of as-built documents on Construction Manager's plan set. Update as-builts before own work is covered up. BB. All loading, hauling, dumping offsite at approved facility of excess spoils and soils generated by own work . CC. Firestopping at own penetrations as required per 07 84 00 Firestopping. DD. Additional special inspection testing costs as required should initial tests fail. EE. Contractor to provide minimum 72 hours written notice to Construction Manager for staking and survey requirements. FF. All extra stock as required by specifications for own work. GG. All owner training and instruction for own work as shown on plans or included in specifications, including videotaping of instructional sessions if required. HH. All close-out documentation as required, including warrantees, guarantees, operation & maintenance manuals, etc. II. Testing and inspection as specified to be performed by Contractor. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 5 of 75 JJ. Inspect all surfaces to receive own work. Promptly notify Construction Manager of any unsuitable substrate conditions. Commencement of installation implies acceptance of all substrate conditions. KK. Responsibility to provide Construction Manager with all backing requirements for own work prior to wall framing operations. Failure to provide backing requirements transfers backing responsibility to this Trade Contractor. LL. Bid Package #2 is responsible for initial furnishing, installation and implementation of Storm Water Pollution Prevention Plan complete per plans, specifications and The Storm Water Pollution Prevention Plan prepared by Barnhart Balfour Beatty on behalf of the City of Moorpark dated June 5, 2010. Work to include all gravel bags, swales, fiber rolls, erosion control, plastic covers, barrier fence, storm drain inlet protection, check dams, street sweeping, tracking control, stabilized construction entrances and exits, etc. as required for a complete system in compliance with all Federal, State and Local requirements. Bid Package #2 to provide training, ongoing inspection, maintenance, visual monitoring, Construction Site Monitoring Program including but not limited to BMP Inspection, maintenance and rain event action plans including all necessary inspection logs and samplings in compliance with the General Permit. Bid Package #2 to coordinate with other Trade Contractor with regards to protection of future site improvements (i.e., catch basins). Bid Package #2 to stockpile additional 20% of each erosion and sediment control materials and/or equipment for use by other Trade Contractors' site improvements for emergency use only. Each Trade Contractor is responsible to furnish, install and remove BMP's specific to their own work. Any installed BMP's which have been disturbed and/or damaged by any other Trade Contractor shall be that Trade Contractors responsibility to immediately replace and re-install the BMP's in accordance with the SWPPP. If that Trade Contractor fails to replace and/or re-install any damaged BMP's immediately and/or within the timeframe requested by the CM, the CM will be obligated to direct others, without any further notification, to make the repairs at the expense of the Trade Contractor responsible for the disturbance and/or damage. Bid package No. 2 to dispose of all existing BMPs prior to initial rough grading and remove and disposal of all BMPs installed during construction. MM. All trade contractors responsible for repair and replacement of SWPPP control measures disturbed by own operations. NN. All Mechanical, Electrical and Plumbing penetrations through roof are to be per plans and specifications. 00. Each contractor is responsible for own dust control during own operations. Dust control is to include the entire site in addition to own work area during Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 6 of 75 work and non-work hours. Failure to provide adequate dust control is a violation of SWPPP requirements. Should proper dust control not be maintained on a daily basis during any site activity, the CM without notification will employee outside dust control services. The cost for the dust control service including but not limited to; equipment, operators, laborers, fuel, supervision, site administration, main office administration and any premium time costs will then be deducted from that Trade Contractor responsible. PP. Each trade contractor responsible to comply with new SWPPP compliance measures required as a result of work performed. QQ. All Trade Contractors to provide own concrete wash out bins. RR. No company banners or signage are to be displayed on site without permission of the Construction Manager and Owner with exception of painted trailers. SS. All trade contractors responsible for any and all permits required by local authorities for all on and off site work including costs and coordination with local authorities having jurisdiction required to complete work. TT. All employees on site will be required to wear long pants, hard hats, safety glasses and boots at all times to comply with OSHA Safety requirements. UU. The City would like to implement a recycling program for building materials to reduce landfill use. Woods, metals, cardboard, concrete debris determined to have recycling value shall be recycled by Trade Contractors. W. This Project requires special phasing /sequencing and site access requirements in order to remain in operation during construction. As it relates to the new underground utility systems with POCs at Fitch and Minor, Phase 1 work that continues through the Phase 2 areas, work needs to be completed during off hours and coordinated with Catholic Charities. Trade Contractors will need to work off hours, two shifts and Saturday and Sundays to accomplish their work within the Preliminary Master Schedule constraints and the Catholic Charities use. All underground utilities from Fitch and Minor will be coordinated to take place during Catholic Charities off hours of operation. Use of temporary steel plate placement and/or temporary asphalt patch (as per City of Moorpark standards) will be required onsite or in streets to allow use and access to the Phase 2 areas. When permanent building is ready to accommodate Catholic Charities tenants, Catholic Charities will move into permanent building, Catholic Charities' trailer will be removed with its associated temporary utilities including underground utility removal. Demo, excavation, recompaction and all remaining work shown on contract documents will then take place. Phase 1 and Phase 2 work will be completed around the Catholic Charities days of operation. WW. Catholic Charities work hours and occupation of their existing trailer, which will remain on site through Phase 1, are Monday, Tuesday, and Wednesday 8AM to 2PM; Saturday 10AM to 1 PM. Catholic Charities work hours may change. Trade Contractors to coordinate all work with Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 7 of 75 Construction Manager. Trade Contractors are not to disturb or interrupt their business and adjacent work areas, access and parking area. XX. Use of Spring Road is a secondary egress only. Spring Road egress will be at a minimum and will only be used if primary egress at Finch/Minor cul de sac is obstructed. Finch/Minor is the primary egress throughout the duration of the project. YY. All utilities under paved areas will have a 1 sack slurry mix per Sheet C1/Detail 18. ZZ. Each Trade Contractor to provide required engineered shoring plans and submit to City of Moorpark for approval. AAA. General Conditions and Supplemental Conditions apply to all Trade Contractors. BBB. Each Trade Contractor will participate in a Submittal Review meeting with the Architect, Consultants and Construction Manager within fourteen (14) days of the Notice to Proceed issuance. Meeting dates and times will be scheduled by the Construction Manager. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 8 of 75 Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 9 of 75 BID PACKAGE No. 1 —SURVEYING 00150 - DIVISION OF WORK PART 1 AND PART 2.1 01 70 00 EXECUTION REQUIREMENTS A. Limits of Construction-Property Lines: Surveyor to establish and maintain thru the duration of the Project in accordance with the contract documents, All Property or Boundary Lines Shown or Indicated on the Construction Documents. B. Bench Marks: Surveyor is to establish and maintain thru the duration of the project in accordance with the construction documents, one set of benchmarks located at agreed upon locations surrounding the project. The bench marks shall be placed in such a manner so that no disruption thru the duration of construction is encountered. If the bench marks are disrupted during the duration of construction, surveyor to re-establish at no additional cost. C. Horizontal and Vertical Control of Project Site: Surveyor shall thru the duration of the project in accordance with the contract documents, establish and maintain the vertical and horizontal controls required to allow for un-interrupted construction of the project. D. Grading: Surveyor shall provide in accordance with the contract documents, standard practice survey grade line and grade staking for clearing/over- excavation/re-compaction for all limits of construction, site contour staking, pad locations/blue top control, bottom and top elevations of all over excavation and re-compaction for rough grade for bottom of footings or slab foundations, over excavation and re-compaction for rough grade curb and staking for drive and parking including entry approaches. E. Building Layout-Foundations & Slab: Surveyor shall provide at a minimum in accordance with the contract documents the following survey work: elevations and locations relating to bottom of footings, top of footings, bottom of slab, top of slab (FF), Thickened Slab Locations, Column lines and column locations, certify for anchor bolt placement prior to placement and after placement, Anchor bolt embed locations and elevations for all structural steel including certification of location, Grade beams, Step footing and starter wall locations/Elevations. All Depressed Slab Locations, Radius Concrete Layout for footings-Slabs and Interior Walls, Gridlines, Stem Wall-Starter Wall or Concrete Curb Locations, Canopy/Trellis Columns and Footings-Anchor Bolt Embed Locations/Elevations and Tie-ins to Slab and Foundation, Interior Ramps and Steps including height and slope, Interior and Perimeter Concrete Curbs for Walls, Equipment and Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 10 of 75 Isolation Pads, Starter Footing Locations and Elevations, Offsets in Concrete Footings or Walls. F. Utilities: Sewer, Water, Electrical, Gas, Fire Water, Storm Drain, Cable TV, Phone/Data and Irrigation. Each one of the utilities described will require at a minimum, one set each of Survey Stakes, showing the following information in order to construct the work in accordance with the Construction Documents: Station or Survey Number, Depth and/or Elevation, Type Of Utility, Location, Direction of Utility Run, Point of Connection, Invert Elevations, Man Hole Locations, Hand Hole Locations, Utility Box Locations, Laterals, Equipment Pad Locations, Fire Hydrants, Storm Drain Catch Basins or Area Drains, Drop Inlets, Valves and Valve Boxes, Fire Risers-Shut Offs, Back Flow Preventers, Fire Dept. Connections, Sewer/Storm Drain Clean Outs, Light Standards/Light Pole Bases, Street Lights, Site Lighting-Bollards, In Grade Lighting of Any Kind, All Existing and New Utility Meter Boxes, Identification and Survey of All Existing Utilities and/or relocated Utilities as a part of demolition or tie in for New Work, Establishment and Maintenance of All Existing Property and Utility Lines. G. Site Work: Each one of the site work activities provided below as a guide will require at a minimum one set of Staking or Survey, showing locations, elevations, bench marks, grade lines and contours, curvature, corner and angle points, grade breaks and driveway controls, sidewalk/retaining wall slope- grade and elevation controls, Control Joints, Rough Grade-Fine Grade and Finish Surface Controls for all Site Work and Landscaping, Top or Bottom Elevations of Site Work Footings or Foundations, Demolition and New Work Locations, Water Flow or Slope of Finish Surfaces, Establishment and Maintenance of Property Lines and any other Survey information required to complete the work in accordance with the Construction Documents: The items of work for the site include but are not limited to: Curbs and Gutter, Sidewalks and Steps of Any Kind, Footings or Foundations of Any Kind, ADA Pedestrian/Handicap Ramps or other Ramps of Any Kind, Ribbon Gutters, Driveway and Street Entries and Approaches, CMU Site or Concrete Retaining Walls and Footings, Trash Enclosures, Asphalt Paving , Concrete Paving, Decorative Concrete or Brick Paving, Expansion or Control Joint Layout, Radius Concrete Lay Out of Any Kind, Pilasters and Concrete Columns, Pergola and Covered Canopy Columns and Supports Embed/Anchor Bolt Locations/Elevations Required for Any Site Work Scopes, Gates and Gate Columns-Guides-Tracks and Supports, Curb & Gutter to Catch Basin Tie Ins, Benches or Tables of Any Kind, Mow Curbs of Any Type, Ornamental Iron Fence and Gate Assembly Locations-Elevations, Bike Rack & Flag Pole Locations- Elevations, Raised Concrete Planters, Concrete Columns, Bollards, Site Hand Railings. H. This Project requires special phasing/sequencing and site access requirements in order to remain in operation during construction. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 11 of 75 I. All costs associated with additional staking or survey if required will be the responsibility of the requesting Trade Contractor. J. Once Stakes are installed, it is the responsibility of each trade contractor to protect their requested staking. All costs for re-staking shall be the responsibility of the requesting trade contractor. K. Surveyor upon the completion of the project shall provide a minimum of 3 certified sets of Survey record drawings. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 12 of 75 BID PACKAGE No. 2-GRADING & PAVING 00150 DIVISION OF WORK PART 1 AND PART 2.1 01 57 23 Storm Water Pollution Controls 02 41 16 Building Removal/Demolition 02 41 19 Selective Demolition 10 14 53 Parking Area Signage 31 1000 Site Clearing 31 22 00 Earthwork 312316 Excavation 32 12 16 Asphaltic Concrete Paving 32 17 23 Pavement Marking 05 53 17 Trench Grates and Frames —As applies 10 14 54 Exterior Signs —As applies 31 23 17 Trenching —As applies 32 13 13 Site Work Concrete —As applies 32 18 27 Playground Surfacing —As applies 32 80 00 Landscape Irrigation —As applies 331100 Water System —As applies 3331 00 Sanitary Sewage Systems —As applies 3341 00 Storm Drain Systems —As applies 16000 General —As applies 16120 Conductors —As applies 16401 Main Service Equipment—As applies 16501 Lighting Fixtures—As applies Storm water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) URS Project No. 29405046 Soils Report dated 06.12.07 with addendum letter dated 04.06.09 SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. This Trade Contractor is responsible for initial furnishing, installation, implementation and ongoing maintenance (including periodic replacement of weather damaged materials/systems) of Storm Water Pollution Prevention Plan complete per plans, specifications and The Storm Water Pollution Prevention Plan prepared by Barnhart Balfour Beatty on behalf of the City of Moorpark dated June 5, 2010. Work to include all gravel bags, swales, fiber rolls, erosion control, plastic covers, barrier fence, storm drain inlet protection, check dams, street sweeping, tracking control, stabilized construction entrances and exits (including monthly cleaning of or replacement of construction entrances and exits tracking control systems), etc. as required for a complete system in compliance with all Federal, State and Local requirements. Trade Contractor to provide training, ongoing inspection, maintenance, visual monitoring, Construction Site Monitoring Program including but not limited to BMP Inspection, maintenance and rain event Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 13 of 75 action plans including all necessary inspection logs and samplings in compliance with the General Permit. Trade Contractor to coordinate with other Trade Contractor with regards to protection of future site improvements (i.e., catch basins). This Trade Contractor to stockpile sufficient (20 % of each BMP material) erosion and sediment control materials and/or equipment for use by other Trade Contractors' site improvements (Any installed BMP's which have been damaged by any other Trade Contractor shall be that Trade Contractors responsibility to replace and re-install. If that Trade Contractor fails to replace and/or re-install any damaged BMP's immediately and/or within the timeframe requested by the CM, the CM will be obligated to direct others, without any further notification, to make the repairs at the expense of the Trade Contractor responsible for the damage.). Bid package No. 2 to dispose of all existing BMPs prior to initial rough grading and remove and disposal of all BMPs installed during construction. B. This Trade Contractor to remove BMP's including but not limited to visqueen, sandbags, and hay bales covering stockpile soils as necessary for export. C. Provide, install, and maintain as required, temporary water service onsite for use by all Trade Contractors consisting of a connection to water agency source, backflow preventers, piping and fittings, standard fire hose connection and two hose bib connections for duration of project. Provide and install, as required, temporary water service to Construction Manager Trailer consisting of pipe, connections. All piping to be placed underground so as to not be damaged during the course of construction. Excavate, remove all piping and equipment and properly backfill all portions of the temporary water service at the direction of the CM. Temporary water connection, per Temporary Water Service Plan, to remain (and be maintained) for the duration of the project or until directed in writing by Construction Manager to be removed. Construction Manager will procure water meter from local water authority and set up a temporary water account with the local water authority. This Trade Contractor to remove section of existing sidewalk to recess temporary water line and replace sidewalk section. D. This Trade Contractor is responsible for ALL ONSITE and OFFSITE earthwork including but not limited to over excavation and recompaction of building pads and foundations, parking lots, asphalt and or concrete paved areas, unpaved areas, CMU walls and foundations and structures, drive approaches, light pole footings, fence footings, and offsite work as shown on contract documents and as referenced in the soils report. Trade Contractor shall pay particular attention to requirements for the building pad and foundation earthwork requirements. NOTE: The City has removed approx. 3,000 yds of existing soils from the site after existing condition survey and plans were developed. This Trade contractor is to consider and appropriately cover in his bid and work plan the reduced amount of existing soils. E. Approval of all import material prior to import operations is required. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 14 of 75 F. Dust Control for entire site during own operations. G. This Trade Contractor is responsible for all shoring of existing structures and areas requiring protection as required by plans and specifications and by jurisdiction of authority. Shoring to be in full compliance with all codes and safety programs. H. After proper overexcavation, backfill and compaction of building areas, this Trade Contractor is responsible for placement and compaction of crushed gravel, geo fabric below crushed gravel layer and at top of crushed gravel layer, and remaining compacted fill above crushed gravel layer to slab subgrade (bottom of lower 2" sand layer), or finish grade where building slab or exterior flatwork is not detailed (reference Typical Earthwork Detail A9/S1.3) I. All removed material including but not limited to curbs, curbs and gutters, sidewalks, vegetation, storm drain piping, storm drain boxes and standpipes shall be removed off site to a legal dumpsite within 14 calendar days of demolition. J. This trade contractor responsible for all demolition of curbs, curbs and gutters, sidewalks, vegetation, and soils for installation of new driveways at street. K. All clearing and grubbing including vegetation roots, buried debris, unsuitable material, asphalt paving, trees, tree stumps, poles, bollards, signage structures, concrete, etc. for a complete job. L. Trade contractor in this bid package responsible for rock removal for own work. M. This Trade Contractor is responsible for maintenance of pad grades, including weather related damage, until certification. Bid Package # 1 shall provide pad certification survey upon written request by Bid Package # 2. Any and all repairs/corrections to pad location, size and elevation deemed to be inconsistent with the Contract Documents shall be resolved immediately and at the cost including any resurvey costs by Bid Package # 1, of the this Trade Contractor. N. This Trade Contractor responsible for initial rough grading and follow up fine grading (at a later date as determined by the CM) for curbs, curb and gutter, swales, sidewalks, drive approaches, driveways, stairs, handicap ramps, play structure pits and other site improvements. This trade contractor responsible for cut back of slopes as required for installation of retaining walls and footings. O. This Trade Contractor responsible for site backfill including backfill of curbs, curb & gutter, and planter areas. All backfill for retaining walls shall be responsibility of this Trade Contractor including special soils as described in specifications if onsite soils are not acceptable. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 15 of 75 P. This Trade Contractor responsible for coordination with all associated trade contractors for acceptance of final grades including but not limited to planters, curbs, curbs and gutters, sidewalks, fields, slopes, swales, mow strips, mow curbs, and playground areas prior to moving off site each move on. Q. Repeat necessary earthwork and uniformly grade all areas of the site after substantial completion of work performed by other Bid Packages as directed by the Construction Manager to achieve finish grades. R. Place grade control and intermediate stakes which are in addition to those provide by Bid Package #1 for own work. ALL survey and stakes including those provided by Bid Package # 1, must be maintained and protected by this Trade Contractor. S. Finish site grading at plus or minus 0.10 of a foot per plans and specifications. T. Loading and removal offsite of stockpiled excess soil and spoils generated by other Trade Contractors will be the immediate responsibility of that Trade Contractor generating soils and spoils. U. Multiple move-ons as required for fine grading of sidewalks, hardscape, curb and gutter, etc. Earthwork contractor responsible for restoring grading areas in preparation for concrete/asphalt finish placement operations damaged during construction operations. V. Cleaning of streets as required during operations. While import and / or export operations are being performed, cleaning of streets to be continuous as required by City of Moorpark. W. Furnish and install all onsite and offsite asphaltic concrete paving, per plans and specifications, including but not limited to base course, weed killer, prime coat and paint binders. X. Provide, place, roll, shape and compact all base material at asphalt sections. Y. All onsite asphalt section areas will be left 1" low and capped with 1" AC at end of project. Cleaning of asphalt prior to capping and sealing and striping shall be the responsibility of this trade contractor. Z. Remove temporary asphalt patches/sections at offsite utility installations and right of way improvements resulting from work of other Trade Contractors. Patch back same areas to meet plans, specifications and agency requirements. AA. Trade Contractor responsible for all submittals, mix designs, formulas, samples, etc. as required for own work. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 16 of 75 BB. Flood testing as required per plans and specifications. Perform necessary corrections to achieve proper drainage. CC. Furnish layout and painting of site striping to include all pavement markings and lettering as shown including fire lanes. DD. Cleaning and sweeping of asphalt areas prior to capping, sealing and prior to striping operations. EE. All site and accessibility signage, including digging, footings, posts and signs. FF. All excavation, dewatering, backfill, compaction, concrete and material disposal for sign footings and spoils. GG. Provide and install all wheel stops as required. HH. Provide and install redwood headers used as asphalt edge form. II. Prior to sub grade preparation, all manholes, cleanouts, valve cans, electrical vaults, catch basins and other appurtenances shall be set to grade by appropriate trade contractor. Protection of aforementioned items will be the responsibility of Bid Package No. 2 once sub grade preparation begins. JJ. This bid package responsible for procurement of all required off site permits for own work by local governing authorities as required. KK. Coordination with Construction Manager on relocation of existing irrigation lines at driveways in order to minimize damage at surrounding landscape areas. Relocation of existing irrigation at driveways to be responsibility of this Trade Contractor. LL. This trade contractor responsible for installing an approved parking area for all equipment including space allowed for refueling and maintenance trucks to work within the boundaries of contained area. Removal of contained area offsite to legal dumpsite at end of use. Area must meet all SWMPP requirements and be maintained regularly. MM. This Trade Contractor scope also includes demolition of existing sidewalks on Spring Street, remove and protect existing city signage, light poles and turn over to Construction Manager. NN. This Trade Contractor to remove and protect existing wood/metal project sign by City of Moorpark Redevelopment prior to start of work. Trade Contractor is then to re-install with footings and posts this project sign along with any new project Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 17 of 75 signs where designated by the Construction Manager. All removed signage not re-installed is to be turned over to Construction Manager. 00. This Trade Contractor shall include a $37,500 allowance (approx. 300 hours at $125/hr, 2 hr min per day) for general/incidental dust control by use of a water truck. Hourly cost of the water truck is to be provided fully burdened including truck, operator at prevailing wage rate, licenses, insurances, fuel, taxes. Water truck is to be available daily for duration of the project at the request of the Construction Manager. Allowance is not to cover any costs for dust control while performing own work onsite including but not limited to demolition, rough grading, overexcavations, fine grading, and AC paving operations. Dust control while performing own work is to be included in the base bid. Daily tickets for requested dust control service are to be signed daily by the CM. Any portion of the allowance not used will be credited back to the City at full value. PP. This Trade Contractor to include a $25,000 Allowance for removal and relocation of the existing Catholic Charity building units. Work to also include disconnect and removal of existing utilities to each of the units. Rough grading, fine grading and all other site improvements are part of the base contract. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 18 of 75 BID PACKAGE No. 3-LANDSCAPE & IRRIGATION 00150 DIVISION OF WORK PART 1 AND PART 2.1 32 01 90 LANDSCAPE MAINTENANCE 32 80 00 LANDSCAPE IRRIGATION 32 90 00 LANDSCAPE 05 53 17 Trench Gates and Frames —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealers —As applies 31 23 17 Trenching —As applies 31 23 23 Backfilling —As applies 32 13 13 Site Work Concrete —As applies 331100 Water Systems —As applies 15400 Plumbing —As applies URS Project No. 29405046 Soils Report dated 06.12.07 with addendum letter dated 04.06.09 Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install irrigation system complete including but not limited to; trenching, backfill and compaction, bedding material, backflow preventer(s), anti vandal cages at backflow preventer(s), piping, valves, valve boxes, heads, sleeving, fittings/connections, control wires, controllers, flow sensors, thrust blocks, etc for a complete operational system. Bid Package #4 shall provide irrigation meter with POC per sheet C 5. Bid Package # 3 shall make connection at the meter POC and continue with remaining system. B. Import backfill material if necessary due to unsuitability of material onsite and export any waste to a legal dumpsite offsite. No stockpiling of waste onsite will be allowed C. Furnish and install all finish grading, soil testing, amendments, subgrade soil preparation, root barriers, stakes, mound construction, turf, lawns, sod, plants, trees, shrubs, groundcover including bark mulch, mulch, hydroseeding, and other miscellaneous and sundry items as required to obtain a complete landscape system. Rough grading operation by Bid Package # 2 will leave the landscape areas at +/- 10th. All fine grading including proper infill from +/- 10th to final grade is this Trade Contractors responsibility. D. Prior to sod installation and hydroseeding, grade and drain heights are to be certified by own surveyor. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 19 of 75 E. Furnish and install all decomposed granite pathways including but not limited to stabilizing agents, weed barriers, decomposed granite, fine grading, crushed rock base, steel landscape edging, steel stakes, and compaction as shown in contract documents. F. Trade contractor in this bid package responsible for rock removal for own work. G. Furnish and install all tree drains complete per plans and specifications. H. Certification of backflow preventer as required. I. Flushing and adjusting of all systems per code and per plans and specifications. J. Coordination of final connection of electrical power to irrigation controllers. Final connection of electrical power to irrigation controllers and pumping system to be by Trade Contractor Bid Package 16 Electrical. K. Provide as-built documents, controller charts, maintenance manual, training and tools as required by plans and specifications for own work. L. All labor, material and equipment necessary to perform all maintenance work complete per plans and specifications. M. Provide periodic nuisance weed abatement and removal and minor trash pick up during the entire course of the Project (8 man hours once per month) as directed by the CM in addition to pre-planting weed abatement. Cost is to be placed in separate SOV line item. Any cost not used to be deducted in a final CO. N. All plant material must be inspected and approved by either the landscape architect and/or the City prior to planting. O. Replacement of planting, if necessary, due to faulty installation or premature failure of planting per plans and specifications. P. Provide and install redwood header boards in landscape areas (not used as asphalt edge form) as shown or required for own work. Q. Provide temporary water hook up of domestic water to irrigation system and cross connection tests per applicable water district. R. Trade Contractor responsible for clean up of own work. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 20 of 75 S. This Trade Contractor to remove existing wood/metal project signs and associated footings prior to start of work, store and protect until turnover to Owner or disposal as per Construction Manager Directive in writing. T. Perform and maintain dewatering of all areas of own work, including below grade water accumulation and above grade water accumulation. Comply with the SWMPP and City Standards. U. Repair and correct any portion of SWMPP installations due to damage caused by own work. V. Trade Contractor and tiered subcontractors are to be in compliance with the SWMPP with regard to cleaning of all equipment. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 21 of 75 BID PACKAGE No. 4 SITE UTILITIES AND BUILDING PLUMBING 00150 DIVISION OF WORK PART 1 AND PART 2.1 05 53 17 Trench Drain Grates and Frames 331100 Water System 33 31 00 Sanitary Sewerage Systems 33 41 00 Storm Drain Systems 15400 Plumbing 0241 16 Building Demolition —As applies 02 42 29 Selective Demolition —As applies 03 10 00 Concrete Formwork—As applies 03 30 00 Cast In Place Concrete—As applies 07 54 00 Self Adhering Sheet Waterproofing —As applies 07 54 19 Single Ply PVC Roofing — Fully Adhered —As applies 07 62 00 Sheet Metal Flashing and Trim —As Applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants—As applies 08 31 00 Access Doors —As applies 09 60 00 Schedule for Finishes —As applies 31 22 00 Earthwork —As applies 31 23 17 Trenching —As applies 31 23 23 Backfilling —As applies 32 80 00 Landscape Irrigation —As applies 32 90 00 Landscape—As applies 15010 Mechanical General Provisions —As applies 15050 Basic Materials and Methods As applies 15060 Pipe and Pipe Fittings—As applies 15100 Valves —As applies 15120 Piping Specialties —As applies 15121 Pipe Expansion Compensation —As applies 15130 Gauges and Thermometers- As applies 15140 Pipe Supports and Anchors —As applies 15160 Pumps —As applies 15190 Mechanical Identification —As applies 15240 Vibration Isolation —As applies 15250 Mechanical Insulation —As applies 15590 Hot Water Boiler—As applies 15785 Rooftop Packaged Air Conditioning Unit—As applies 15920 Testing, Adjusting and Balancing —As applies URS Project No. 29405046 Soils Report dated 06.12.07 with addendum letter dated 04.06.09 Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 22 of 75 SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Responsible for full involvement, cooperation and implementation of Special Condition Document # 00820 Building Information Modeling (BIM) Coordination Plan. B. Prior to beginning of construction, pothole, verify size and location of existing onsite and offsite underground utilities. All potholes shall be immediately patched to match to match existing conditions. C. Furnish and install offsite and onsite domestic water system complete including but not limited to; connection to existing offsite water agency main, offsite piping and fittings, water meter, backflow preventors, reduced pressure backflow preventors, onsite piping and fittings, valves, valves boxes or cans, thrust blocks, trenching and backfill per plans, specifications, water agency standards and/or other authorities having jurisdiction. Coordinate POC locations for continuance of water system into each building. D. Furnish and install offsite and onsite fire service system complete including but not limited to; connections to existing water agency main, offsite piping and fittings, water meter, onsite piping and fittings, fire hydrants, post indicator valves, fire department connections, valves, valve box and/or valve cans, thrust blocks, fire department signage, tamper switches, tamper devices, concrete pads, pipe supports, trenching and backfill per plans, specifications, water agency standards and/or other authorities having jurisdiction. Site fire system to be coordinated, completed, flushed and tested to 6" above finish floor at each building. Bid Package # 15 will connect to the POC location and continue the building fire system. E. Furnish and install offsite and onsite sanitary sewer system complete including but not limited to; connection to existing sewer agency main, offsite piping and fittings, onsite piping and fittings, cleanouts, trenching and backfill. Coordinate POC locations and elevations for continuance of sewer system into each building. F. Furnish and install offsite and onsite site storm system complete including but not limited to; offsite piping and structures, parkway drains complete including demolition and finish surface patch, onsite piping and fittings, catch basins with grates, catch basin filter inserts, trench drains, planter and landscape drains, trenching and backfill. Coordinate POC locations and elevations for continuance of storm drain system into each building. G. Furnish and install site gas system complete including but not limited to; onsite connection to gas meter as installed by the Gas Company, onsite piping and Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 23 of 75 fittings, seismic shut off valves, markings, trenching and backfill. Coordinate POC locations and elevations for continuance of gas system in each building. H. Coordinate and provide offsite and onsite sawcut, demolition, removal, trenching, trench protection, piping and fittings, backfill, compaction and finish surface patch to allow Gas Company to install gas services from offsite POC location to onsite meter location. I. Provide all traffic control, layout, sawcut, removal, trenching, trench protection, trench plates, shading, backfill, subgrade base material, compaction, asphalt paving, concrete flatwork, concrete curbs, concrete gutter replacement for all offsite and onsite utility connections responsible to the Trade Contractor. All removed materials to be loaded and hauled offsite in legal manner. J. All sewer, water, and storm drain locations provided during underground operation to be capped off and marked within 2' below finish grade and located for final connection at time of tie in. Exception: fire hydrants and shut off valves for fire hydrants to be brought up, installed and placed into operation during original underground operations. K. All excavation, dewatering, shoring, bedding material, backfill and compaction and lagging for own work as shown on the plans or specifications or recommended by the soils report. L. Place grade control and intermediate stakes which are in addition to those provide by Bid Package #1 for own work. ALL survey and stakes including those provided by Bid Package # 1, must be maintained and protected by this Trade Contractor. M. Perform and maintain dewatering of all areas of work, including below grade water accumulation and above grade water accumulation keeping in compliance with SWPPP. Repair or correct any portion of SWPPP installations due to damage caused by own work. N. Import backfill material if required due to unsuitability of onsite materials at Trade Contractor's expense. O. Trade contractor in this bid package responsible for rock removal encountered during own excavations and trenching. P. This trade contractor responsible for returning all areas previously graded back to its original state including proper, inspected compaction and survey certification after underground utilities have been installed. Q. Removal of all spoils generated by own work to approved offsite landfill or facility. No stockpiling of debris will be allowed on site. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 24 of 75 R. Certification of backflow preventers as required with Governing Water District S. All flushing, testing, inspection, balancing and maintenance of own work per plans, specifications and meeting all jurisdiction's code requirements until Owner acceptance. T. All underground utilities shall be installed and tested prior to finish work such as curb, sidewalks, asphalt and concrete paving, etc. U. Insulation of own work per plans and specifications. V. Coordinate and provide hot tap by approved vendor to agency main lines. W. Furnish and install vaults including excavation, backfill and gravel as required for own work. X. Chlorination or sterilization of water systems as required, including certification. Y. Prior to Project turnover to the Owner, remove, thoroughly clean and re-install all catch basing filter inserts. Z. Supply and install all in-wall downspouts and connection of same to storm drain system and to gutters or roof top drains, including supply and installation of flexible boot, clamps, accessories, strainers, etc. as required for a complete system. AA. This bid package responsible for jetting of all storm drain and sewer lines at end of project. Pressure jetting to be from each input on site to point of connection at street. Jetting of sewer system will also include branch lines from all bathrooms and all main trunk lines inside the building. After jetting is complete, lines are to be videoed with a camera with copy of video turned over to City. The Construction Manager to be notified 48 hours in advance of any jetting and / or video activity. BB. Labeling, marking, engraving and stenciling of own work as required. Prior to sub grade preparation, all man holes, clean outs, valve cans, catch basins and other appurtenances shall be set to grade by this Trade Contractor. Protection of in place aforementioned items, including barricades, warning tape, and stakes, shall be the responsibility of this package until sub grade operations begin. CC. Adjustments of catch basins, clean outs, valve cans, man holes, and valve boxes to finish grade including risers as required just prior to asphalt paving and concrete flatwork placement. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 25 of 75 DD. Dust control during all underground utility operations for entire site shall be the responsibility of this trade contractor. EE. This bid package responsible for procurement of all required off site permits including traffic and right of way work for own work by local governing authorities as required. FF. All miscellaneous metal and hardware (i.e., grates, covers, ladder rungs, etc.) as required for own work. GG. Trade Contractor to supply and install all concrete associated with own work including precast, cast-in-place, reinforcing, manholes, cleanouts, encasements, thrust blocks, etc. Provide own approved concrete wash out bins to be removed promptly after pours to a legal dump site. HH. Furnish and install building domestic hot and cold water systems complete including but not limited to; coordination of POC's installed during site piping installation, connection to POC's, footing and slab blockouts and sleeves, roof and wall penetrations piping and fittings, hangers, supports, seismic bracing, trap primers, backflow preventers, valves with access panels, water hammer arrestors with access panels, hose bibs, vacuum breakers, relief valves, air gaps, plumbing fixtures including backing, stops, trims, traps, and final connections, water heaters complete with all accessories, seismic restraints and supports, water heater flue thru roof, circulation pumps, expansion tanks, insulation both thermal and ADA required and connections to kitchen equipment. II. Furnish and install building sanitary sewer system complete including but not limited to; coordination of POC's installed during site piping installation, connection to POC's, footing and slab blockouts and sleeves, roof and wall penetrations piping and fittings, hangers, supports, seismic bracing, vent systems, garbage disposers, clean outs, floor drains, floor sinks, roof receptors and connections to kitchen equipment. JJ. Furnish and install building gas system complete including but not limited to; coordination of POC's installed during site piping installation, connection to POC's, footing and slab blockouts and sleeves, roof and wall penetrations, piping and fittings, valves with access pales, regulators, vents, hangers, supports, seismic bracing, connections to HVAC and plumbing equipment, connections to plumbing fixtures and connections to kitchen equipment. KK. Furnish and install building storm drain system complete including but not limited to; coordination of POC's installed during site piping installation, footing and slab blockouts and sleeves, roof and wall penetrations, hangers, supports, seismic bracing, roof drain and overflow drain piping, roof drains, over flow drains, planter drains, piping and fittings, escutcheons and trim. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 26 of 75 LL. Furnish and install building condensate system complete including but not limited to; coordination of POC's installed during site piping installations, coordinated POC's to HVAC equipment, footing and slab blockouts and sleeves, roof and wall penetrations, piping and fittings, pumps, hangers, supports, seismic bracing, air gaps, and roof receptors. MM. Furnish and install roof drainage system complete including roof drains, overflows and downspouts. Connect to sheet metal gutters. NN. Furnish and install all plumbing fixtures and equipment for building plumbing system per plans and specifications. 00. Furnish and install all domestic water heaters, including but not limited to drain pans, shut off valves, thermometers, piping, pumps, expansion tanks, check valves, flues, relief valves, circulating pumps, angle frame shelves, drains, anchorage straps, and all other necessary items for a complete operational system. PP. Furnish and install trim where indicated on drawings or in specifications. QQ. Perform all pressure tests, cross connection tests, purging and analyzing of systems as required. RR. Contractor to provide competent person onsite during all concrete pours to monitor own work and ensure components in concrete are not disturbed and are at proper elevation and configuration. SS. Mechanical, electrical and plumbing contractors to furnish and install own access panels as required. Responsible for coordination with other Bid Package contractors for layout and rough-in requirements. All flushing, testing, cleaning, inspection, balancing and maintenance of own work until Owner acceptance. TT. All embeds, inserts, seismic anchors, hangers, supports, vibration isolation, sleepers and backing plates as required for own work. UU. Own sleeving and blockouts at wall, floor and roof penetrations and mechanical sleeve seals for own work. Coring, cutting and drilling for own penetrations in any surface should Trade Contractor fail to install sleeves or blockouts or fail to lay out in advance. VV. Flashing and sheet metal associated with own work, including flashing at roof and wall penetrations and lead roof jacks or galvanized, plastic or approved product as determined by manufacturer of the overall roofing system implemented. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 27 of 75 WW. All testing, cleaning, inspection, balancing and maintenance of own work until Owner acceptance. XX. Isolate all dissimilar materials. Provide proper corrosion protection. YY. Operational testing and instruction to Owner's personnel. Submit certificate of compliance signed by Owner's representative to Construction Manager upon completion of instruction. ZZ. Multiple move-ons and remobilization as required as required by Master Schedule. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 28 of 75 BID PACKAGE No. 5-CONCRETE, CMU, SITE FURNISHINGS 00150 DIVISION OF WORK PART 1 AND PART 2.1 03 10 00 CONCRETE FORMWORK 03 20 00 CONCRETE REINFORCEMENT 03 30 00 CAST-IN-PLACE CONCRETE 03 35 00 CONCRETE FLOOR FINISHING 03 35 35 CONCRETE SEALER 03 39 00 CONCRETE CURING 04 05 17 MORTAR AND GROUT 04 22 00 REINFORCED UNIT MASONRY SYSTEM 07 13 26 SELF ADHERING SHEET WATERPROOFING 07 25 00 CONCRETE SLAB VAPOR EMISSIONS TREATMENT 12 93 00 SITE FURNISHINGS 12 93 13 BICYCLE RACKS 32 13 13 SITE WORK CONCRETE 32 18 27 PLAYGROUND SURFACING 05 12 00 Structural Steel —As applies 05 52 00 Handrails and Railings —As applies 05 53 17 Trench Grates and Frames —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealers —As applies 09 06 00 Schedule of Finishes —As applies 09 90 00 Painting —As applies 09 96 23 Graffiti Resistant Coatings —As applies 10 75 00 Flagpoles —As applies 31 22 00 Earthwork —As applies 31 23 16 Excavation —As applies 31 23 17 Trenching —As applies 31 23 23 Backfilling —As applies 3231 19 Fences and Gates —Ornamental Metal —As applies 32 90 00 Landscape —As applies 15400 Plumbing —As applies URS Project No. 29405046 Soils Report dated 06.12.07 with addendum letter dated 04.06.09 Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Excavate, trench, compact, form, place, finish and backfill all onsite and offsite concrete complete, including but not limited to; structural and site concrete, footings, slabs, steps, ramps, trash enclosure, canopy/pergola/trellis footings, light pole bases, bollard light footings, street lighting footings, sidewalks, mow Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 29 of 75 strips, play area curbs, edge banding, mow curbs, mow bands, site benches, grades, expansion joints, swales, curbs, curbs and gutters, approaches, handicap ramps, truncated domes, stair nosing and stair nosing embeds, housekeeping pads, wall curbs, depressions, keyways, sand, aggregate base and specified finishes shall be the responsibility of this bid package. B. Furnish and install all required accessories for a complete system including but not limited to, vapor barrier such as stego wrap, bonding agents, curing film and non shrink grout. C. Scarify and recompact, subgrade and furnish, install and compact base material under all onsite and offsite site concrete paving and sections including but not limited to; sidewalks, ramps, curbs, curb and gutters, swales, and approaches. D. Install all steel bollards ( steel bollards to be furnished FOB jobsite by Bid Package # 6) complete as shown on plans or included in specifications. E. Trade Contractor to INCLUDE sub grade cuts and necessary recompaction at ALL depressed slab areas. F. Furnish and install all reinforcing steel, mesh, dowels, curb dowels, cages, etc. as required, including layout, installation, welding if required, blocking, etc. per plans and specifications. G. Furnish and install additional 3,000 pounds of reinforcing steel in any size increment as required for footing and slab penetrations. Cost of material and install to be shown as a separate line item on schedule of values. Any used portion of materials and labor to be credited back to the City. H. Provide and install skate stopper embeds per A10.2.1/Detail 4. I. This trade contractor responsible for establishing finish surface grades around all buildings and walkways including snapping of lines prior to installation of all plaster screeds. All fine grading from +/- 0.10 for own work including sand as required and thickened edges as required per contract documents. J. All excavation and backfill of own work complete, including but not limited to site ad building footings, grade beams, building slab, site walls, retaining walls, mow strips, curbs, curb and gutter, swales, etc. K. Place grade control and intermediate stakes which are in addition to those provide by Bid Package #1 for own work. ALL survey and stakes including those provided by Bid Package # 1, must be maintained and protected by this Trade Contractor. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 30 of 75 L. Import backfill material if required due to unsuitability of onsite materials at Trade Contractor's expense. M. Trade contractor in this bid package responsible for rock removal encountered during own excavations and trenching. N. This trade contractor responsible for returning all areas previously graded back to its original state including proper and inspected compaction after underground utilities have been installed. NOTE; This Trade Contractor assumes responsibility of maintaining all areas of building pads which received certification following completion of work by Bid Package # 2. O. Removal of all spoils generated by own work to approved offsite landfill or facility. No stockpiling of debris will be allowed on site. P. Perform and maintain dewatering of all areas of work, including below grade water accumulation and above grade water accumulation. Comply with the SWPPP and City Standards. Responsible for any repairs necessary to maintain pad certification. Q. Cleanup of footings, rebar and anchor bolts as required per plans, specifications and city building standards. R. Concrete trucks to be washed out to an approved concrete wash out bin supplied and maintained by this Trade Contractor. This Trade Contractor is responsible for continual removal of washout debris to a legal dumpsite offsite. S. Concrete tolerance not to exceed 1/8" in 10' in any direction or specified requirements, whichever tolerance is stricter. Repair or replacement of any concrete work that does not meet specified tolerances per plans and specifications. T. Installation of all anchor bolts, sleeves and hold down bolts including templates for other Trade Contractors as required. Bolts to be provided and laid out on form work by other Trade Contractors where occurs. U. Notify Construction Manager a minimum of 72 hours (not including weekends and holidays) in advance of concrete pour of any embedded items that have not been provided by the other Trade Contractors. V. This trade contractor responsible for furnishing, installing and maintaining impalement guards on all stakes, anchor bolts, nelson studs and rebar. W. This trade contractor responsible for installing all handrails / guardrail sleeves in concrete provided and laid out by Bid Package No. 6. If option to core in lieu of using sleeves is approved by Architect/Owner and used, then coring will be the Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 31 of 75 responsibility of this bid package. The coring option must be decided by this Trade Contractor prior to fabrication of sleeves. X. This Trade Contractor to replace all existing city signage/pole structures on Spring Road and Fitch/Minor per Construction Manager's directive. Existing signage/pole structures' removal by Bid Package No. 2. Y. This trade contractor responsible for all non-shrink grout/dry pack installation for structural steel column base plates, and dry pack under base plates of light pole bases. Z. Vertical cast-in-place concrete form work is to be formed with MDO plywood per plans and specifications. AA. Furnish and install all joint sealants and caulking for own work complete per plans and specifications. BB. Furnish all required weld bars. Weld bars with approved welding procedures to be installed by Trade Contractor bid package No. 6 Structural Steel. CC. Certified mill test reports as required. DD. Supply concrete tickets and pour log with correlated test cylinder information per plans and specifications. EE. Install flashings and miscellaneous metal items provided by others that are integral with concrete and or CMU systems. FF. Furnish and install modified bitumen sheet membrane waterproofing per plans and specifications, including membrane, protection board, primers, liquid membrane, and any other accessories or sundry items required for a complete waterproofing system. NOTE: Excludes waterproofing at ceramic tile areas. GG. Structural slabs on grade to receive floor finishes (carpet, VCT, etc.) shall not have water to cement ratio exceeding 0.50. HH. Furnish and install clear sealer at specified floors (i.e., janitorial, etc.) no earlier than during the flooring phase. Trade Contractor to confirm that concrete sealer is compatible with specified flooring adhesives prior to purchase, implementation and use. Prior to application of floor sealer, clean all marks to achieve an unmarred finish. 11. This Trade Contractor responsible for all moisture testing of concrete floors and any required mitigation measures to attain required results for application of floor finishes. This Trade Contractor responsible to provide concrete slab vapor emissions treatment installed per manufacturer's recommendations and testing of surfaces if emissions exceed 3 pounds per 1,000 square feet in 24 hours as Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 32 of 75 specified per contract documents. Tests must be submitted to owner showing moisture levels and a FULL credit will be given to owner if Vapor Emission Treatment is not required. JJ. Water blasting or sand blasting per contract documents. KK. DAILY Clean up (broom clean) of own work. LL. Furnish and install all concrete unit masonry complete and finished to the specified tolerance, curing as specified, including but not limited to footings, reinforcing, block, grout, mortar, veneer, expansion joints and any miscellaneous accessories and sundry items required for a complete installation per plans and specifications. MM. NOTE: This Trade Contractor shall be responsible for masonry wall footing over- excavation slot cutting procedure, engineered backfill, compaction and placement which is adjacent to existing building along the East Property Line in conformance with the supplemental instructions included in the soils report MRS Addendum Letter dated April 6, 2009) NN. This trade contractor responsible for all shoring required for retaining walls where required cut back of soils is not feasible due to obstructions i.e., existing walls, trees, utilities, roads, sidewalks, buildings, etc. 00. Point and patch as necessary to produce a neat uniform appearance ready to receive caulking, sealant, plaster or other finish. PP. Cleanout of grout holes as required. QQ. Cleaning of all masonry surfaces of excess mortar, grout, dirt, scum, stains and efflorescence with approved cleaning solution. RR. This bid package responsible for all CMU veneer and necessary accessories on Sheet A5.0 Note 1 and A5.1 Note 1 including stone cap-color per plans and specifications. Percentage of colors for wall to be equally divided. SS. Forming, pouring, vibrating and tooling of CMU wall footings per plans and specifications. TT. This Trade Contractor responsible to excavate, backfill and compact all CMU walls and related footings per plans and specifications. UU. Flood testing of waterproofed areas if required. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 33 of 75 W. This bid package responsible for procurement of all required off site permits for own work by local governing authorities as required. WW. This bid package responsible for furnishing and installing all site furnishings including but not limited to bicycle racks, custom tables, custom benches and precast furnishings as shown in contract documents. XX. Furnish, install and layout all precast concrete items per plans and specifications, including any anchors, fasteners, adhesives or accessories required for a complete installation. YY. Furnish and install poured in place and toweled resilient playground surfacing per manufacturer's recommended instructions and per plans and specifications. Color(s) to be chosen by architect from standard selections. ZZ. Multiple move-ons and remobilization as required as required by Master Schedule. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 34 of 75 BID PACKAGE NUMBER 6 STRUCTURAL STEEL & MISC. METALS 00150 DIVISION OF WORK PART 1 AND PART 2.1 05 12 00 STRUCTURAL STEEL 05 30 00 METAL DECKING 05 50 00 METAL FABRICATIONS 05 51 33 METAL LADDERS 05 52 00 HANDRAILS AND RAILINGS 3231 19 FENCES AND GATES-ORNAMENTAL METAL 03 10 00 Concrete Formwork—As applies 03 20 00 Concrete Reinforcement—As applies 03 30 00 Cast in Place Concrete -As applies 04 22 00 Reinforced Unit Masonry —As applies 0721 13 Rigid Thermal Insulation —As applies 07 54 19 Single Ply PVC Roofing — Fully Adhered —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants —As applies 09 90 00 Painting —As applies 31 22 00 Earthwork —As applies 32 13 13 Site work Concrete—As applies 32 90 00 Landscape—As applies 09 60 00 Schedule of Finishes —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Responsible for full involvement, cooperation and implementation of Special Condition Document # 00820 Building Information Modeling (BIM) Coordination Plan. B. Furnish, layout and install all structural steel members complete including but not limited to; flange steel, I beams, columns, channels, angles, bent plates, closure plates, structural tubing, structural pipe, base plates, stiffener plates, shear stud connectors, bolts, nuts and washers, anchor bolts, pins and rods, high strength bolts per plans and specifications. Include all rolled curved beams as shown for ornamental fence. Provide and install structural steel posts required for pony wall installation. C. Provide fabrication finish at all exposed steel members as required to maintain an Architectural Finish per applicable reference standards. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 35 of 75 D. Furnish and install complete structural steel frames for benches, canopies, pergolas/trellis, lunch shelter, shade shelters and sunshades complete per i contract documents including but not limited to installation, structural steel, welding, bolting, rods, and all other necessary items for a complete installation. E. Furnish and install all bent and/or cut shaped steel 3/16" and larger for attachment of cold formed metal/metal stud framing systems or metal roof systems. F. All cutting, shaping, welding by certified welders, fasteners, adhesives, steel to steel connections and any accessories required for a complete installation. G. Layout, furnish and install metal fabrications complete including but not limited to; ladders, bumper posts (bollards) and guard rails, steel backing plates, steel corner guards, grates and frames, trash enclosure gates, steel tube fences and gates, galvanized steel pipe downspouts, complete as required per plans and specifications. Include all aluminum, galvanized, primed or stainless steel finishes as specified per plans and specifications. H. Supply and layout of miscellaneous metal items embedded in concrete or masonry, including anchor bolt templates for structural steel, nuts and washers. Work to be coordinated with Trade Contractor Bid Package 5 Concrete and Trade Contractor Bid Package 12 Finishes. All anchor bolts to be supplied assembled in templates. A competent person from this Trade Contractor shall be on site during all concrete pours to ensure that embedded items are properly placed and are not disturbed during the pour. 1. Furnish and install aluminum or steel ladders, with cage for ladders over 20 feet, and door panel at exterior ladders. Ladders shall include parapet railing for exterior ladders, security doors and side panels and all fasteners required for complete installation. J. Furnish and install all handrails and guard rails (including mesh),balusters, posts, brackets and fittings as required per plans and specifications. Sleeves laid out and supplied to Trade Contractor Bid Package 5 Concrete. Competent representative from this Trade Contractor shall be at all pours to verify correct placement of sleeves prior to, during and following pours. Components shall be hot dip galvanized in accordance with plans and specifications. K. Furnish, install, maintain, remove and haul off(removal shall not occur prior to metal stub wall framing activity) approved temporary safety guardrail systems as required by code and safety requirements/practices at own work. Furnish, install and remove an additional 500 If of safety guardrail at locations directed by the CM. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 36 of 75 L. Shop priming and field touch up of own work as required by plans or specifications. M. Galvanization and field touch up of own work as required by plans or specifications. N. Furnish and install all welding of framing hardware to structural steel. Framing hardware supplied and laid out by Bid Package No. 6. O. This Trade Contractor responsible for installation and welding of required weld bars on all columns. Weld bars to be furnished by this Trade Contractor. P. Furnish F.O.B. all non-catalog framing connections complete. Q. Furnish and install all metal decking as required by plans and specifications including but not limited to; hoisting, spreading, welding, cutting, screwing, and all other necessary sundry items including rolled steel shaped bars or bent angles for reinforcing openings, welding rods, shear studs, rubber closure strips, metal closure strips, trim profile closure pieces and flashings. R. Furnish and install structural framing and metal roof decking at trash enclosures. Coordinate, install, stabilize, brace and shore the structural members which embed in CMU walls to allow for wall grout. Remove shoring after specified grout cure period. Refinish areas where shoring/bracing was attached S. This Trade Contractor responsible for coordinating, providing, cutting and installing closure pieces and edge supports for all openings of various sizes in metal deck including but not limited to roof drains, HVAC equipment, and access hatches, etc. T. Install, secure and MAINTAIN W plywood temporary covers at all roof penetrations, openings and skylights. Spray paint "Do Not Step" on cover. U. Sweep clean and remove all own debris from steel deck. Spot prime all welds. V. Cleaning as required per plans and specifications of any materials scheduled to receive paint or other finishes. W. Furnish and install all metal fences and gates complete including all ornamental metal fencing, fencing and gate footings including excavation, rebar concrete, sleeves and backfill, manual swing gates, horizontal sliding operated gates, frames, sheathing, infill, pickets, brackets, braces, caps, all hardware, powder coating or galvanizing, and any accessories required for a complete installation, including hardware as specified . Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 37 of 75 X. Multiple move-ons and remobilization as required as required by Master Schedule Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 38 of 75 BID PACKAGE NUMBER 7 - ROUGH CARPENTRY 00150 DIVISION OF WORK PART 1 AND PART 2.1 061000 ROUGH CARPENTRY 0671 15 WOOD COMPOSITE LUMBER 06 20 00 Finish Carpentry— Installation of Doors —As applies 06 20 01 Finish Carpentry— Interior—As applies 07 54 19 Single Ply PVC Roofing — Fully Adhered —As applies 078400 Fire Stopping —As applies 07 92 00 Joint Sealants —As applies 09 29 00 Gypsum Board —As applies 096000 Schedule for Finishes —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install complete all wood framing and sheathing per plans and specifications including but not limited to; roof sheathing, roof nailers, wall nailers, equipment curb nailers, roof hatch curb nailers, equipment support blocking, pocket door framing, plaster/stucco grounds, and metal roof nailers. B. Provide and install, as required, preservative treated or fire rated wood as indicated. C. Furnish and install wood composite lumber complete including but not limited to; composite wood members, plywood subsurface, tapered edges, spacers and spacer rods, red head anchorage, stainless steel angles, bolts, washers and all necessary accessories for a complete installation. D. Colors to comply with 09 60 00 Schedule for Finishes per plans and specifications for wood composite lumber. All other finishes per plans and specifications. E. Cleaning and touch up of installed material finishes per manufacturer's recommendations. F. Each trade contractor responsible for clean up of own work. Debris to be removed daily from jobsite to a legal dumpsite. No stockpiling of debris on jobsite will be allowed. G. Multiple move-ons and remobilization as required as required by Master Schedule Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 39 of 75 BID PACKAGE NUMBER 8 - FINISH CARPENTRY, CASEWORK 00150 DIVISION OF WORK PART 1 AND PART 2.1 06 20 01 FINISH CARPENTRY - INTERIORS 06 41 16 CASEWORK 06 61 16 SOLID POLYMER FABRICATIONS 08 56 19 PASS WINDOWS 0541 00 Cold Formed Metal Stud Framing —As applies 06 10 00 Rough Carpentry—As applies 08 71 00 Hardware —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants—As applies 09 60 00 Schedule for Finishes —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID # 4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install all plastic laminate casework, WIC or otherwise, complete including but not limited to; lower cabinets, upper cabinets, wall cabinets, desks, open shelving, countertops, back splashes, grommets, filler panels and hardware. B. Furnish and install all reception area casework, cabinets and desks complete including but not limited to; base cabinets, counter tops, wood framed cabinet and privacy walls and nailers, plastic laminate finish on walls, trims, solid surface tops and splashes, sliding glass assemblies with glass, hardware, grommets, and casework braces. C. Furnish and install nurse's station casework, cabinets and desks complete including but not limited to; base cabinets, counter tops, wood framed walls and nailers, plastic laminate finish on walls, trims, solid surface tops and splashes, grommets, hardware and braces. D. Furnish and install display cases complete including but not limited to; casework, cabinets, brochure holders, plexiglass, tack wall, countertops, trim hardware, grommets, and braces. E. Furnish and install all plastic laminate wall finishes, cabinet to wall details and wall caps including but not limited to; aluminum "F" reveals and moldings, plastic laminate finishes, and necessary fillers/shims for proper fit. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 40 of 75 F. Furnish and install all solid surface/solid polymer counters tops, splashes and fabrications including grommets, adhesives and caulking. G. Furnish and install locks at all cabinet doors. Lock schedule to be submitted, coordinated and approved by Owner and tenants. Provide 2 spare keys for each lock. H. Furnish and install all steel counter top and cabinet support brackets. Provide proper layout of wall bracket locations for wall studs to attached brackets to. I. Receive, inventory and install with proper wall and floor seismic restraints/attachments, all Owner Furnish Contractor Install shelving units. J. Failure on the part of finish carpentry contractor to provide detailed backing requirements during the framing operation will transfer backing responsibility from the framer to the finish carpentry Trade Contractor. Coordinate backing installation with all necessary Trade Contractors. K. Furnish and install own fasteners and catalog hardware including concrete imbedded items. L. Provide, layout and install all attachment to structure including but not limited to screws, clips, sheet metal and all other sundry items for a complete installation per contract documents. M. Supply cabinet designs, mock up cabinets and shop drawings as required per plans and specifications. N. Furnish and install all hardware and accessories as required including but not limited to all box hinges, pulls, stops, shelf brackets, shelf pins, dead bolts, cane bolts, unistrut, miscellaneous metals and all other associated sundries for completion of this trade contractor's work. O. Furnish and install all keyboard trays, etc. contained in casework items. P. Provide caulking of own work per manufacturer's instructions Caulk at all transitions to other Trade Contractor's work regardless of sequence of installations of other Trade Contractors work. Q. Final adjustment of installed work prior to punch list. R. Coordination of own work with Trade Contractors from other bid packages for proper location of service rough-ins, obstructions and penetrations. Provide cutouts in own work as necessary to receive fixture, fittings, devices, trim, etc. using provided measurements. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 41 of 75 S. Compliance with seismic restraint requirements per any and all applicable codes and plans and specifications. T. Prepare, clean, furnish and apply all finishes for work of this bid package including but not limited to stains, sealers, paint, touch up, back painting of all casework and cabinets. U. Colors to comply with 09 60 00 Schedule for Finishes per plans and specifications for wood composite lumber. All other finishes per plans and specifications. V. Cleaning and touch up of installed material finishes per manufacturer's recommendations W. Each trade contractor responsible for clean up of own work. Debris to be removed daily from jobsite to a legal dumpsite. No stockpiling of debris on jobsite will be allowed. X. Multiple move-ons and remobilization as required as required by Master Schedule Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 42 of 75 BID PACKAGE NUMBER 9 - ROOFING 00150 DIVISION OF WORK PART 1 AND PART 2.1 0721 13 RIGID THERMAL INSULATION 075419 SINGLE PLY PVC ROOFING FULLY ADHERED 07 72 00 ROOF ACCESSORIES 07 62 00 Sheet Metal Trim and Flashing —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID # 4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install all rigid thermal insulation as required for complete roofing system including but not limited to; rigid insulation board, tapered rigid insulation, pre-cut miters and pre-cut crickets, fasteners and adhesive. Rigid thermal insulation shall maintain required R-Value. Coordinate height of finished roof system with all other affected trades. B. Furnish and install complete single ply PVC roofing membrane fully adhered with flashings and other components to comprise a complete roofing system, including but not limited to; wood blocking, barrier board, insulation, roofing underlayment including densdeck as required, roofing membrane, adhesives, mechanical fasteners, PVC clad flashings, PVC membrane flashings with accessories, and all necessary fasteners. C. Furnish and install complete single ply PVC roofing membrane fully adhered system complete at canopies, covered walkways and pergolas complete including but not limited to; plywood substrate, wood nailers, roof insulation (tapered as required for proper slope), PVC roofing membrane, PVC clad flashings, adhesives and all necessary fasteners. Plywood substrate attachment shall not leave exposed fasteners on underside of metal decking. D. Trade Contractor to coordinate with Trade Contractor Bid Package #4 Site Utilites and Building Plumbing to assure that roof drains are properly protected during roofing operation. E. Coordinate with Trade Contractor Bid Package #10 Sheet Metal Roofing, Sheet Metal, Skylights and Roof Accessories for flashings, gutters, skylights and accessories. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 43 of 75 F. Coordinate with any other trades that may be required to penetrate the roof. Furnish and install PVC membrane and/or PCV clad metal flashings as required at all other Trade Contractor roof penetrations. G. Rigid insulation or roofing substrate materials attachments over areas which are noted as ceiling exposed to structure shall be installed so as to not allow any exposed fasteners. H. Provide and maintain fire extinguishers near flame heated equipment at all times. I. Minimum 14 days prior to work, participate in a pre-roofing conference. Trade contractor to notify and insure attendance of roofing manufacturer for pre-roofing conference. Roofing manufacturer and roofing trade contractor shall provide written acknowledgement that roof structure and substrate are ready to receive roofing system installation. J. Visual inspection of surfaces to receive own work. Advise Construction Manager of conditions preventing commencement of roofing operation. Installation of roofing materials constitutes acceptance of substrate K. Removal of surplus material and debris to a legal disposal site immediately upon installation. Daily cleanup and removal is required. No stockpiling of debris on site will be allowed. Trade Contractor is responsible for protection of roofing and roofing materials from the elements. Trade Contractor is responsible for protection of surfaces which are not to receive roofing materials. L. Responsibility for cleaning and preparing surfaces to receive own work. Minor cleaning prior to application of roofing. Clean-up of debris of other trades excluded. M. Furnish and install all joint sealants and caulking for own work complete including transitions to work of other Trade Contractors regardless of sequence of installations. N. Furnish shop drawings showing cants, crickets, roof insulation and roof drain locations per plans and specifications. O. Provide and install manufacture's recommended heavy duty walkway pads as indicated and as recommended by manufacturer. P. Multiple move-ons and remobilization as required as required by Master Schedule. Move-ons may be required to allow partial completion of roofing areas as portions of the building become ready to allow for proper "dry in" of work areas. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 44 of 75 BID PACKAGE NUMBER 10 SHEET METAL. SKYLIGHTS & ROOF ACCESSORIES 00150 DIVISION OF WORK PART 1 AND PART 2.1 07 61 00 SHEET METAL ROOFING 07 62 00 SHEET METAL FLASHING AND TRIM 07 72 00 ROOF ACCESSORIES 08 62 00 UNIT SKYLIGHTS 05 50 00 Metal Fabrications —As applies 07 54 19 Single Ply PVC Roofing — Fully adhered —As applies 07 72 00 Roof accessories—As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants—As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install metal roofing system complete including but not limited to; standing seam roofing panels, felt underlayment, plywood sheathing substrate, building wrap/ice dam underlayment, rigid insulation board, clips, trim, closures, ridge caps, gutters, concealed gutters, flashing and counter flashing, caulking and flashing for all other trade penetrations. B. Furnish and install all sheet metal flashings and counter flashings complete including but not limited to; plaster to CMU transitions, reglets and counter flashings, plaster sill flashing, flashing at canopies/pergolas, flashings at trash enclosure metal roof, door and window heads, door and window sills, parapet caps, drip flashings, exterior finish to roofing transitions, roof platform covers, roof equipment flashings which are not integral with equipment, roof penetration flashings in coordination with the roofing system, copings, cleats, self adhesive underlayments, felt underlayments, scuppers, gutters, downspouts, and all necessary accessories and attachments. C. Furnish and install aluminum sun shades complete including but not limited to; mounting plates, aluminum frame, aluminum blades, attachments to structural steel and caulking at plaster finish. Mounting plate location shall be coordinated with Bid Package # 6, Bid Package # 11 and Bid Package # 12 for proper location and fit. Mounting plates shall be installed prior to exterior gyp. sheathing and interior gyp. Bd. D. Furnish and install all roof accessories including roof hatches, roof or wall expansion joints per plans and specifications if required including integral curbs, frames, pad covers, pipe or MEP support sheet metal caps or covers, padlock, grips, hardware, sealants, gaskets, fasteners, anchor, built-in cant, insulation or Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 45 of 75 plywood infill/backing and wood nailers for proper attachment of roofing system and accessories for a complete installation. E. Furnish and install all unit skylights including but not limited to; integral curbs, clips, backing, caulking, built-in cant, insulation or plywood infill/backing and wood nailers for proper attachment of roofing system and all other items required per plans and specifications and manufacturer's recommendations. Removal and disposal of temporary handrails and covers provided by others is the responsibility of this Trade Contractor to remove. F. This trade contractor responsible for covering and maintaining a water tight system over skylight openings after framing operation and until skylights are installed. Coordinate with roofer for a complete water tight system. Covers must be safely secured and marked in compliance with Construction Manager's safety program. G. Trade Contractor responsible for weather protection of roofing materials including rigid insulation during installation of own work. H. This Trade Contractor is responsible for acceptance of roofing substrate prior to installation of metal roofing. Inspect roof deck to verify deck is clean and smooth, free of depressions, waves, or projections, dry and properly sloped. Failure to do so constitutes acceptance on Trade Contractor's part. Trade Contractor responsible for coordination with other Trade Contractor's working on roof. I. This trade contractor responsible for furnishing and installing all prefinished louvers including louver blades, filter, frames, screens, flashings and accessories for a complete installation as shown on contract documents. J. Welding or soldering by certified welders for own work. K. Provide and install caulking and sealants for own work. L. Pre-finishing and painting of sheet metal and aluminum material as required by the contract documents. M. Trade Contractors Bid Packages #15 to provide prefabricated curbs for their own work. N. Responsibility for cleaning and preparing surfaces to receive own work. O. Protection of surfaces which are not to receive roofing materials. P. Prior to work, participate in a pre-roofing conference. Trade contractor to notify roofing manufacturer of pre-roofing conference. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 46 of 75 Q. Furnish and install wood nailers and or backing as required for proper attachment of own work. Nailers and backing shall be installed in coordination with other trade work so as to not delay work progress. R. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. S. Multiple move-ons and remobilization as required as required by Master Schedule. Move-ons may be required to allow partial completion of work areas as portions of the building become ready to allow for proper "dry in" of work areas. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 47 of 75 BID PACKAGE NUMBER 11 - GLASS & GLAZING 00150 DIVISION OF WORK PART 1 AND PART 2.1 08 41 10 ALUMINUM CLAD WOOD FRAMED FOLDING SYSTEM 08 41 13 ALUMINUM ENTRANCES AND STOREFRONTS 08 51 13 ALUMINUM WINDOWS 08 56 19 PASS WINDOWS 08 80 00 GLAZING 07 84 00 Fire stopping —As applies 07 92 00 Joint Sealers —As applies 08 12 13 Hollow Metal Frames, Welded —As applies 08 13 13 Hollow metal doors —As applies 087100 Hardware —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID # 4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install aluminum clad wood framed folding system complete including but not limited to; aluminum clad wood frame, threshold, aluminum clad wood panels, sliding/folding, locking hardware, spines, weather stripping, glass and glazing; designed to provide an opening glass wall. Provide all necessary hardware and accessories including but not limited to, handles, locks, guides, thresholds, sill tracks, head tracks, jamb tracks, weather stripping and screens. Aluminum finish is to match selected finish of aluminum storefront systems specified elsewhere. B. Furnish and install all aluminum entrances and storefront systems complete, including but not limited to; aluminum frame system, spacers, shims, setting blocks, gaskets, reinforcement sections, fasteners, sealants, glass, glass setting accessories, all specified and/or required hardware for a complete operating system including but not limited to; panic devices, hinges, stops, sill sweeps, thresholds, push/pull devices, lever devices, closers, hold opens, door stops and locks. C. Furnish and install aluminum windows systems complete including but not limited to; fixed extruded aluminum windows, glass and glazing and perimeter sealants. Provide windows capable of complying with performance requirements of the profile and configuration as indicated on Drawings, based on testing manufacturer's windows that are representative of those specified. Include all window hardware. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 48 of 75 D. Furnish and install pass windows consisting of extruded aluminum windows with operating sash, horizontal sliding operation with glazing and operating lockable hardware. Windows must be ADA compliant. Provide all anchorage and accessories required for complete installation. E. Furnish and install all flat glass, in fill panels, insulating glass units, clear glass, tinted glass, wire glass, heat treated glass, tempered glass, mirrored glass larger than 18 x 30 inches, safety glass, fire rated glass and any other glazing required. Include all accessories per plans and specifications including but not limited to, setting blocks, spacer shims, glazing tape, glazing splines and sealants. F. Furnish and install head, jamb and sill aluminum flashings at aluminum systems per plans and specifications. G. Remove and reinstall glass stops as needed for a complete and finished system. H. Perform field water tests per contract documents or as deemed necessary by Construction Manager I. Removal of all labels, signs, tape, etc. after installation. J. CaulkingrJoint sealant of aluminum openings, window frame openings, and all glass systems to adjacent surfaces for weather tight seal, inside and outside regardless of sequence of installation of other Trade Contractor work. K. Furnish and install wood nailers and or backing as required for proper attachment of own work. Nailers and backing shall be installed in coordination with other trade work so as to not delay work progress. L. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. M. Multiple move-ons and remobilization as required as required by Master Schedule. Move-ons may be required to allow partial completion of work areas as portions of the building become ready to allow for proper "dry in" of work areas. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 49 of 75 BID PACKAGE NUMBER 12 FINISHES 00150 DIVISION OF WORK PART 1 AND PART 2.1 054000 COLD FORMED METAL FRAMING 06 20 00 FINISH CARPENTRY— INSTALLATION OF DOORS 07 21 00 INSULATION 08 12 13 HOLLOW METAL FRAMES-WELDED 08 13 13 HOLLOW METAL DOORS 08 13 76 TELESCOPING DOORS 08 14 23 PLASTIC FACED WOOD DOORS 08 14 79 POCKET DOORS 08 36 14 SECTIONAL OVERHEAD DOORS 08 71 00 HARDWARE 08 71 14 SLIDING POCKET HARDWARE —WOOD PANELS 09 06 00 SCHEDULE FOR FINISHES 09 24 00 PORTLAND CEMENT PLASTER 09 29 00 GYPSUM BOARD 09 51 00 ACOUSTICAL CEILINGS-LAY-IN 09 53 23 ACOUSTICAL SUSPENSION SYSTEMS 09 90 00 PAINTING 09 96 23 GRAFFITI RESISTANT COATINGS 06 20 00 Finish Carpentry—As applies 0641 16 Casework —As applies 0661 16 Solid Polymer Fabrications —As applies 07 62 00 Sheet Metal Flashing —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants —As applies 0831 13 Access doors —As applies 08 80 00 Glazing —As applies 09 30 13 Ceramic Tile—As applies 15010 Mechanical General Provisions —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Layout, furnish and install all cold formed metal/metal stud framing at walls, ceilings, soffits, draft stops, roof screens etc. including but not limited to; anchor bolts, epoxy anchors, shot pins, tabs, clips, welding, bracing, backing, cold rolled steel, cold rolled channels, furring channels, wall opening headers, anchorage, studs, tracks, slip track, receiver channels, bridging, furring, straps, wires, screws Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 50 of 75 and all other sundry items for necessary for a complete installation per contract documents. B. Trade Contractor responsible for all welding required for own work. C. Furnish and install ALL framing clips, tracks, slip connections, straps, metal deck flute to flute straps/bridging, for wall, soffit or hard lid ceiling to structural steel connections smaller than 3/16" including welding. D. Provide dimensional anchor bolt lay out drawings along with in field lay out for all anchor bolt and embed items for attachment of cold formed metal/metal stud installations to concrete, structural steel and CMU. Failure to provide proper lay out transfers responsibility for all rework and repairs back to this Trade Contractor. E. Coordinate, furnish and install metal stud framed openings for items which pass into or thru metal stud walls, ceiling or soffits including but not limited to; door/window openings, structural framing penetrations, canopy/trellis/pergola system penetrations, awning sun shade penetrations, rough and finish HVAC, rough and finish electrical, rough and finish plumbing penetrations, specialties penetrations and/or openings, etc,. F. Coordinate, furnish and install all metal stud or flat plate backing as required by own work and as required for use by other Trade Contractors. Backing shall be continuous per contract documents or as required by other Trade Contractors. Dimensionally locate all installed backing on as-builts for future reference. G. Furnish and install all insulation including batt, blanket, rigid, acoustical, fire retardant, thermal insulation and auxiliary insulation materials per plans and specifications. Rigid thermal roof insulation specified for roofing systems shall be furnished and installed by Bid Package# 9 and #10. H. Furnish hollow metal frames—welded complete including but not limited to; proper frame configurations and profiles, drywall and/or plaster returns, jamb and head anchors, floor attachments, fully coordinated hardware attachments, mortises, reinforcing, drill/tap, blockouts, protective coatings (prime paint and/or galvanizing) and glass/glazing stops. Also responsible for timely fabrication, frame protection from damage, delivery, off load, inventory, protected storage, layout and staging of frames in proper install locations. I. Install all hollow metal frames complete including but not limited to all interior and exterior door openings, window openings, transom and sidelights, clips, fasteners, and welding to framing. Infill frames with insulation or grout as required. Assume min. of(5) man days to re-adjust frames for plumb, level and cross sight just prior to installation of doors and glazing. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 51 of 75 J. Furnish and install hollow metal doors complete including but not limited to, proper door configurations and profiles, vision lite openings, louver openings, , fully coordinated hardware attachments, mortises, reinforcing, drill/tap, and blockouts, protective coatings (prime paint and/or galvanizing) and glass/glazing stops. Also responsible for timely fabrication, door protection from damage, delivery, off load, inventory, protected storage, layout and staging of doors in proper install locations. K. Coordinate and allow Trade Contractor responsible for painting to prep, and paint door edges and frames prior to installation of doors and hardware. Remove and re-install finish hardware as directed by the CM (at no added cost) to allow proper application of final paint/finish coats. Time frame for application of final paint/finish shall be determined by the CM. L. Furnish and install telescoping doors complete including but not limited to; door panels, top and bottom tracks, pivot and guide rods, mounting hardware, track bumpers, and locks. M. Furnish and install plastic faced wood doors complete including but not limited to; doors, hardware prep, vision window openings, louver openings, undercuts. Also responsible for timely fabrication, protection from damage, delivery, off load, inventory, protected storage, layout and staging of doors in proper install locations. N. Furnish and install pocket doors complete including but not limited to; door panels, trim, hardware prep, hardware, and opening trim. Also responsible for timely fabrication, protection from damage, delivery, off load, inventory, protected storage, layout and staging of doors in proper install locations. O. Furnish and install sectional overhead door complete including but not limited to; sectional door panels, window frames„ hinge and roller assemblies, locks, door panel weather stripping, door operator and proper finishes. P. Furnish and install door hardware complete including but not limited to; all hardware for hollow metal door frames, hollow metal doors, telescoping doors, and plastic faced doors. Also responsible for timely assembly, protection from damage, delivery, off load, inventory, protected storage, layout and staging of hardware in proper install locations. Q. Final adjustments to finish hardware. R. All keying requirements including temporary keying per plans and specifications. S. Temporary construction locks until final keying is released to proceed. T. Furnish and install lathing including densglass, denshield, gypboard, metal lath, underlayment, building felt, paper, beads, screeds, vents, soffits, vent screeds, Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 52 of 76 casings, reinforcement mesh, fasteners, adhesives, control and expansion joints, wires, reveals, jiffy seal etc. as required for a complete system. U. Furnish and install portland cement plaster system including but not limited to lath substrate, scratch, brown and final coats. V. Coordination and layout of transition between portland cement plaster and brick veneer exterior walls, weep screeds to ensure that proper elevation is maintained with relation to adjoining stucco to veneer and site concrete, asphalt and landscaping. W. Protection of adjacent surfaces not indicated to receive plaster by drop cloths, waterproof paper or any other means to prevent overspray, water or debris from contacting surface. X. Patch and/or correct any and all surface defects in plaster finish prior to installation of finish. Y. Remove and dispose of excess plaster left on the ground. Rake and/or broom/power wash clean and return grade to original state daily in accordance with SWMPP program. Provide plaster wash out with continual removal. Z. Furnish, install, maintain, break down and remove scaffolding as required to perform own scope of work. All aspects of scaffold erection and use to be managed, performed and maintain by properly trained competent persons. AA. Preparation of finish surfaces to receive own work per plans and specifications. BB. Furnish and install all gypsum board, denshield, densglass, water resistant gypsum board, gypsum liner panels, fasteners, joint treatment material, metal trim, texture and accessories including gypsum board behind wall panels. CC. Furnish and install gypsum shaft wall and draft stops per plans and specifications. Drywall enclosure of structural members to achieve fire resistant rating per plans and specifications. DD. Furnish and install gypsum board fire rated enclosures for recessed light fixtures, electrical panels and fire extinguisher enclosures as required. EE. Fire tape around all MEP penetrations, at all interior or exterior locations as required. FF. Drywall preparation should include measures so that tape joints or screw heads are not visible through paint finishes. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 53 of 75 GG. Furnish and install all caulking at acoustical and interior drywall to window and door frame systems and between hollow metal frames and any adjoining finish surface. HH. Furnish and install fire rated assemblies where required. ll. Repair damaged drywall and prepare for repaint as necessary after installation of all finishes, but before punch list as directed by the CM. JJ. Furnish and install all sound walls including but not limited to % "base layer, perimeter acoustical sealant and sound boards and all other necessary sundry items for a complete installation per plans and specifications. KK. Draft and fire stopping per contract documents and/or appropriate agency code. LL. Furnish and install fire rated access panels in hard ceilings for general ceiling space access. Coordinate with access panels supplied and installed by Mechanical, Electrical, Plumbing or other Contractors. MM. Furnish and install acoustical soundscapes canopy systems, acoustical ceilings, including grid, acoustical lay-in ceiling panels, acoustical tiles, luminous ceiling panels, hanger wires, compression struts, hanger wires for light fixtures, fire alarm and air distribution devices, trim, wall angle, splices, devices, etc. for a complete installation per plans, specifications and code requirements. NN. Furnish and install hanger wire and bracing wires for curtain track as required. 00. Furnish and apply paint to all surfaces including but not limited to gypsum board, ceilings, soffits, trellis, plaster, trims, flashings, decking, canopies, pergolas, gates, benches, ductwork, piping, all metal bollards, hollow metal doors, door frames, window frames and other items as per plans and specifications. PP. Protection of adjacent surfaces not indicated to receive paint by drop cloths, waterproof paper or any other means to prevent overspray, water or debris from contacting surface. Clean up of any spills or over spray. QQ. Furnish and install all stains, coatings and water repellent coatings complete per plans and specifications including but not limited to unfinished wood cabinetry, wood base, wood chair rail, unfinished wood doors, millwork, unfinished doors and all associated trim work. RR. Placement of waste cloths and used painting materials that may constitute a fire hazard in closed metal containers and remove daily from site. SS. Cleaning, preparing and obtaining optimum moisture of all surfaces to receive own work. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 54 of 75 TT. Primers, sealers, fillers and surface preparations required for own work. UU. Finishing of all mechanical and electrical equipment as specified. W. Store paint materials in a single suitable place in compliance with health and fire regulations. Keep such storage place neat and clean, void of oily or solvent containing rags, waste, etc., taking every precaution to avoid the danger of fire. WW. Repaint wall finishes, doors, frames and any other previously painted surface as necessary after installation of all finishes, but before punch list. Provide leveling coats where required to meet maximum variations in tolerance. Cleaning, curing, and covering of installed work including ventilation and temperature control. XX. Furnish and install water repellent coatings and anti graffiti coatings complete per plans and specifications, including cleaning of surfaces prior to coating and water testing if required. YY. Furnish and install all joint sealers between interfacing different materials as required. ZZ. Provide caulking at wall surface and fire extinguisher cabinet interface. AAA. Inspect all surfaces to receive own work. Promptly notify Construction Manager of any unsuitable substrate conditions. Commencement of installation implies acceptance of all substrate conditions. BBB. Preparation of finish surfaces to receive own work per plans and specifications. CCC. Protection of own work after installation. Replace damaged areas. Do not reuse broken or damaged units. DDD. All fasteners, adhesives, accessories and sundry items as required for a complete installation per plans and specifications. EEE. Furnish and install all fiberglass reinforced plastic paneling complete at ALL Janitor and housekeeping rooms whether shown or not, including panels to 4 feet above finish floor, fasteners, moldings, joint sealants, adhesives and accessories as required for a complete system. FFF. This trade contractor responsible for furnishing and maintaining ten (10) 251b. ABC fire extinguishers complete for all buildings when framing begins for full duration of construction. Fire extinguishers to be replaced as necessary. Placement of fire extinguishers will be per Construction Manager. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 55 of 75 GGG. Furnish and install wood nailers and or backing as required for proper attachment r of own work. Nailers and backing shall be installed in coordination with other trade work so as to not delay work progress. HHH. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. III. Multiple move-ons and remobilization as required as required by Master Schedule. Move-ons may be required to allow partial completion of work areas as portions of the building become ready to allow for proper "dry in" of work areas. JJJ. This trade contractor responsible for final cleaning once prior to Punch List walk and once more when ready for occupancy by Owner or tenant. Final Cleaning is to include but not be limited to; Exterior 1. Exterior sidewalks swept and power washed down. Must comply with SWPPP procedures 2. Exterior glass cleaned and polished 3. Exterior furnishings cleaned 4. Wash down building exterior walls, canopies, trellis, pergolas and fencing/gates. Must comply with SWPPP procedures. 5. Wash down and dry exterior light fixtures, railings, bollards, seat walls, etc. 6. Roof areas, skylights and gutters cleaned 7. All trash and debris to be hauled offsite. Interior 1. All walls, rooms doors and door frames dusted/wiped clean 2. Casework vacuumed and wiped clean 3. Glass cleaned and polished. Window frames dusted/wiped clean 4. High areas dusted/wiped clean, soffits dusted/wiped clean 5. Exposed framing, duct work, piping and light fixtures dusted/wiped clean 6. Light fixture lens and covers removed, cleaned both sides and reinstalled. 7. Skylights cleaned and polished 8. Restrooms cleaned and sanitized 9. Carpets vacuumed and base boards wiped clean 10.Resilient floors swept and mopped clean per specifications and/or manufactures recommendations 11.Janitor closets cleaned 12.Mechanical, Electrical, Data and Plumbing rooms thoroughly cleaned 13.Kitchen thoroughly cleaned and sanitized 14.All trash and debris to be hauled offsite. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 56 of 75 Final cleaning by this Trade Contractor to include all cleaning, polishing, sealing and waxing of all flooring per its respective specification (Ref: Specifications 09 j 65 13, 09 65 16, 09 65 19 and 09 65 21). Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 57 of 75 BID PACKAGE NUMBER 13— FLOORING AND CERAMIC FLOORING 00150 DIVISION OF WORK PART 1 AND PART 2.1 09 06 00 SCHEDULE FOR FINISHES 09 30 13 CERAMIC TILE 09 30 16 QUARRY TILE 09 65 13 RESILIENT BASE 096519 RESILIENT TILE FLOORING 09 65 21 RUBBER TILE FLOORING 09 68 16 SHEET CARPETING 07 25 00 Concrete Slab Vapor Emissions Treatment-As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants —As applies 09 29 00 Gypsum Board —As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID # 4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install all ceramic tile and tile backer board including but not limited to ceramic tile floor, ceramic tile walls, ceramic tile base, ceramic tile corners, caps, and edges, cleavage membranes, waterproof membranes, mortar beds, thin set, grout, epoxy grout, reinforcing mesh, curing paper, and all other necessary sundry items for a complete system per plans and specifications. B. Furnish and install all porcelain tile and tile backer board including but not limited to porcelain tile floor, porcelain the base, and edges, cleavage membranes, waterproof membranes, mortar beds, thin set, grout, epoxy grout reinforcing mesh, curing paper, and all other necessary sundry items for a complete system per plans and specifications. C. Furnish and install all quarry tile and tile backer board including but not limited to quarry tile floor, quarry tile walls, quarry tile base, quarry the corners, caps, edges, cleavage membranes, waterproof membranes, mortar beds, thin set, grout, epoxy grout, reinforcing mesh, curing paper, and all other necessary sundry items for a complete system per plans and specifications D. Furnish and install lathing including but not limited to metal lath, underlayment, waterproof membranes, curing paper, beads, casings, reinforcement mesh, fasteners, adhesives, control and expansion joints, wires, reveals, jiffy seal etc. as required for a complete tile system. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 58 of 75 E. Furnish and install complete marble thresholds as required to meet ADA requirements or per contract documents as needed. F. Furnish and install scratch and brown coats for ceramic the substrate as required. G. Provide leveling coats where required to meet maximum variations in tolerance. H. Cleaning, curing and covering of installed work including ventilation and temperature control. I. Trade Contractor responsible for all grout and tile caulking and sealing per manufacturer's recommendations and per plans and specifications. J. Coordinate and confirm floor depressions prior to slab placement. Maintain proper floor slope to drain. Water flood testing as required K. Provide necessary expansion/contraction joints clear of mortar and grout. Furnish and install joint sealants / caulking at all transitions to finishes of other Trade Contractors regardless of sequence of installation. L. Coordinate and maintain block outs for other Trade Contractor's work and finishes. M. Cover and protect including but not limited to, floor drains, cleanouts, floor sinks, and wall openings during floor and wall tile installation and preparation so as to not fill, clog or damage items. Coordinate and maintain finish elevations of all items during installation of floor and wall tile installation. N. Furnish and install all resilient tile flooring complete per plans, manufacturer's recommendations and specifications including all required floor preparation. This Trade Contractor is responsible for floor preparation including floor fillers up to 3/" and primers to insure smooth and level installation. Resilient tile flooring to be installed in patterns chosen by architect and per 09 06 00 Schedules For Finishes. O. Furnish and install base as required for resilient tile flooring and sheet carpeting per manufacturer's recommendations and per plans and specifications. P. Furnish and install all rubber the flooring and rubber tile base complete per manufacturer's recommendations and per plans and specification. Complete system to include reducer strips at all exposed edges and resilient wall base. This Trade Contractor is responsible for floor preparation including floor fillers up to 3/" and primers to insure smooth and level installation. Rubber tile flooring to be installed in patterns chosen by architect and per 09 06 00 Schedules For Finishes. Remove all excessive adhesive from surfaces without damage to flooring or adjacent surfaces. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 59 of 75 Q. Furnish and install all sheet carpeting complete per plans specifications, and manufacturer's recommendations including all required floor preparation. This Trade Contractor is responsible for floor preparation including floor fillers up to W and primers to insure smooth and level installation. Sheet carpeting to be installed in patterns chosen by architect and per 09 06 00 Schedules For Finishes. R. Protection of own work after installation. Replace damaged areas with like materials and do not reuse broken or damaged units. Dispose of damaged material off site at Trade Contractor's expense. S. Furnish, conduct and provide certified calcium chloride moisture test and results. Testing and results shall be performed by independent qualified laboratory. Apply moisture tests in a minimum of (3) different area of each floor location with at least (1) test for each 1,000 sf. Submit test results to construction manager prior to installation of flooring. Failure to perform testing results in liability of flooring solely on this Trade Contractor. T. Trade Contractor to confirm that concrete accessories (i.e. vapor emission treatment systems, etc.) proposed to use is compatible with specified flooring adhesives prior to purchase, implementation and use. U. Preparation of finish surfaces to receive own work per plans and specifications. V. Protection of adjacent surfaces not indicated to receive tile or flooring by drop cloths, waterproof paper or any other means to prevent overspray, water or debris from contacting surface. Surfaces must be cleaned after Trade Contractor's work is complete. Failure to protect finished surfaces that result in damages will be the responsibility of this Trade Contractor. KKK. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. LLL. Multiple move-ons and remobilization as required as required by Master Schedule. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 60 of 75 W. BID PACKAGE NUMBER 14— SPECIALTIES t 00150 DIVISION OF WORK PART 1 AND PART 2.1 10 14 00 IDENTIFICATION SIGNS 10 14 54 EXTERIOR SIGNS 10 21 00 TOILET COMPARTMENTS 10 21 10 SOLID COLOR REINFORCED COMPOSITE TOILET PARTITIONS 102617 WALL AND CORNER GUARDS 10 28 00 TOILET AND BATH ACCESSORIES 10 29 00 DIAPER CHANGING STATIONS 104413 FIRE EXTINGUISHERS AND CABINETS 10 75 00 FLAGPOLES 122413 ROLLER SHADES 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants—As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID # 4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Furnish and install all identification signage and plaques, including but not limited to; backing, adhesives, fasteners including stainless steel vandal proof screws, accessories, and job site sign as required for a complete installation. Furnish and install blanks on back of glass mounted signs. Include Braille and pictogram frames as required. Include dedication sign as noted with text to be determined by owner. Furnish and install individual cast letters per 10 14 54 Exterior Signs. NOTE: Excludes site accessibility signage and parking/play/fire lane striping. B. Furnish and install all toilet compartments and urinal screens per plans and specifications, including but not limited to overhead bracing, anchors, adhesives, fasteners and accessories as required for a complete installation. C. Furnish and install full height wall and corner guards complete. Provide per plans and specifications in color chosen by architect. D. Furnish and install toilet room accessories, including but not limited to fasteners, adhesives and accessories as required for a complete installation. Toilet room accessories shall be in the style, finish and quantity as specified or shown on plans. Mirrors shall be included. E. Furnish and install diaper changing stations. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 61 of 75 F. Furnish and install all fire fighting devices, including but not limited to extinguishers, cabinets, glass, labeling, brackets, hardware, anchors, fasteners, adhesives, certifications and accessories as required for a complete installation. G. Furnish and install all flagpoles, complete, per plans and specifications, including but not limited to; excavations for footings, footings including rebar, sleeves with lightning rod, pole, halyards, ropes, flag attachment devices, sand infill and flags. Provide all engineering as required by the state of California. Provide USA and State of California flags with accessories as required in specifications. H. Furnish and install all roller shades complete per plans and specifications, including fabric, tracks, hangers, fasteners, accessories and any miscellaneous sundry items required. It is this Trade Contractor's responsibility to verify window sizes and field measure all openings. Coordinate with Trade Contractor Bid Package # 16 Electrical and Trade Contractor Bid Package # 12 Finishes prior to installation. I. Failure on the part of this Trade Contractor to provide dimensionally located and field laid out backing and blockout requirements prior to and prior to work required of Trade Contractor Bid Package 12 Finishes, will transfer backing and block out responsibility to this Trade Contractor including but not limited to all required demo, backing procurement and installation, wall, ceiling or floor patch and finish to final product. J. Initial cleaning of installed work, including removal of tape, labels, protective coatings, smudges, fingerprints, etc. K. Final adjustment of own work upon completion of installation and prior to acceptance of building by owner. Construction Manager to sign off on work before it is considered complete. L. Accessories as indicated as OFCI shall be Owner Furnished Contractor Installed. This trade contractor shall install all OFCI items including but not limited to; kitchen equipment, break room equipment, accessories, etc. M. Inspect all surfaces to receive own work. Promptly notify Construction Manager of any unsuitable substrate conditions. Commencement of installation implies acceptance of all substrate conditions. Patch and/or correct any and all surface defects in plaster finish prior to installation of finish. Preparation of finish surfaces to receive own work shall be per plans and specifications and in accordance with all ADA accessibility codes. O. Trade Contractor to provide all fasteners, adhesives, accessories and sundry items as required for a complete installation per plans and specifications including but not limited to all adhesives, fasteners, tape, stick pins, wires, rods, wire mesh and accessories. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 62 of 75 N. Trade Contractor shall perform all caulking and sealing for own work in accordance with section 079200 Joint Sealants. O. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. P. Multiple move-ons and remobilization as required as required by Master Schedule. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 63 of 75 BID PACKAGE NUMBER 15 - HVAC & FIRE SPRINKLERS 00150 DIVISION OF WORK PART 1 AND PART 2.1 15010 MECHANICAL GENERAL PROVISIONS 15050 BASIC MATERIALS AND METHODS 15060 PIPE AND PIPE FITTINGS 15100 VALVES 15120 PIPING SPECIALTIES 15121 PIPING EXPANSION COMPENSATION 15130 GAUGES AND THERMOMETERS 15140 PIPE SUPPORTS AND ANCHORS 15160 PUMPS 15190 MECHANICAL IDENTIFICATIONS 15240 VIBRATION ISOLATION 15250 MECHANICAL INSULATION 15400 PLUMBING As applies to Fire Sprinkler Systems 15510 HYDRONIC PIPING 15590 HOT WATER BOILER 15650 MECHANICAL EQUIPMENT 15785 ROOFTOP PACKAGED AIR CONDITIONING UNIT 15860 FANS 15880 DUCTWORK 15890 DUCTWORK ACCESSORIES 15900 BUILDING AUTOMATION SYSTEM AND DIRECT DIGITAL CONTROLS 15920 TESTING, ADJUSTING AND BALANCING 0241 16 Building Demolition —As applies 02 41 19 Selective Demolition —As applies 07 54 19 Single Ply PVC Roofing — Fully Adhered —As applies 07 62 00 Sheet Metal Flashing —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants —As applies 0831 13 Access Doors—As applies 31 23 16 Excavation —As applies 31 23 17 Trenching —As applies 31 23 23 Backfilling —As applies 3311 00 Water System —As applies URS Soils Report Job No. 29405046 dated June 12, 2007- As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 64 of 75 SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Responsible for full involvement, cooperation and implementation of Special Condition Document # 00820 Building Information Modeling (BIM) Coordination Plan. B. Furnish and install heating, cooling and ventilation systems complete including but not limited to; rooftop package air conditioning units, gas electric packaged units, computer room air conditioning and condenser units, exhaust fans, air distribution devices, variable air volume boxes, ducting, duct insulation, duct wrap, fire wrap, piping, dampers, vanes, connectors, offsets and transitions, diffusers, grilles, registers, equipment hangers, supports, bracing and anchors, duct hangers, supports, bracing and anchors, piping hangers, supports, bracing and anchors for complete operating systems. C. Furnish and install Heating Hot Water (HHW) boiler systems including but not limited to; boilers, pumps, expansion tanks, air separators, chemical feed systems, water supply and water return piping with valves, strainers, flexible connection, pipe expansion joint assemblies, seismic joint assemblies, by-pass valves, control valves, unions, drains, insulation, pipe supports, etc., connections to all HHW equipment/systems, sleeves at penetrations, etc. for a complete operating system. D. Furnish and install exhaust fans as required, including prefabricated curbs with nailer, cant and bird screen as required. This Trade Contractor to provide wood blocking, as necessary, and wood or acceptable material per specifications to level materials for a complete installation. E. Furnish & install HVAC Controls per plans and specifications, including but not limited to; central and remote hardware, digital controls, building automation system, software, interconnecting wire and conduit, thermostats, control valves, dampers, operators, indicating devices, interface equipment, apparatus, and accessories required for a functional system. All low voltage conduit, wiring and connections for own work shall be the responsibility of this Trade Contractor. F. Furnish and install all pre fabricated curbs, including rigid insulation, flashings, vibration isolation, mechanical curbs, supports, stands, equipment leveling and pad caps, insulation, blocking, nailers for roofing application and seal strips for own equipment as required. G. Furnish and install electrical devices including but not limited to all motors, power driven equipment and automatic control equipment including low voltage conduit, wiring, switches, shut offs, relays, equipment and accessories for a complete HVAC and Fire Sprinkler system per plans and specification as applies to Division 15. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 65 of 75 H. Provide temporary air filters during construction as required per specifications and life safety requirements. Provide new clean air filters per specifications after turnover to Owner. Construction Manager to witness change out of previous air filters. I. Furnish and install duct detectors and other necessary life safety devices as required by plans, specifications and all associated agencies. Connection to fire alarm system by Trade Contractor Bid Package # 16. Coordination required prior to installation of devices J. Complete design, submittal and deferred approval of building fire protection system as required per plans, specifications and all associated local, state and federal codes and requirements. System includes but is not limited to; all piping, fittings, transitions, valves, riser assemblies, standpipe assemblies, drains, sprinkler heads and escutcheons, flow indicators, switches, test connections, pressure gauges, alarms, freeze protection, tamper switches, equipment and piping supports, hangers, bracing and anchors, labeling, fire penetration sleeves and systems for a fully operational system. K. Building fire protection system shall be connected to site fire system installed by Bid Package # 4. Connection shall be coordinated and located 6" above finish floor at each riser location. L. Coordinate, furnish and install flow and tamper switches. Conduit and wiring by Trade Contractor Bid Package No.# 16. M. Coordinate with Trade Contractor Bid Package # 15 to interface with fire and smoke alarm systems as required. N. Center sprinkler heads in ceiling the as required per Al 0.6.1/2. O. Furnish and install all Seismic anchorage, bracing, vibration isolation and insulation for own work as required per plans, specification and code. P. Furnish and install all flashing and sheet metal associated with own work including flashing at roof and wall penetrations, lead roof jacks or galvanized, plastic or approved product as determined by manufacturer of the overall roofing system. Coordinate with Trade Contractor Bid Package # 9 Roofing. Q. Provide all testing, cleaning, inspection, balancing and maintenance of own work until Owner acceptance. All test reports must be furnished promptly and in full compliance with plans and specifications before work is considered complete. All inspections and certifications must be signed off by appropriate individuals and received by owner before work is considered complete. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 66 of 75 R. Furnish and install all miscellaneous metal and hardware for own equipment support, including channels, angles, unistrut, all thread, etc. in accordance with plans, specifications and all codes. S. Furnish and install own inserts, embeds, anchors, supports, hangers, reinforcements and backing plates as required. T. Furnish and install Identification of own work with correct labels per plans and specifications and in accordance with all codes. U. Coordinate, furnish and install own sleeving and block outs at wall, floor and roof penetrations including fire barrier penetrations and mechanical sleeve seals for own work. Coordination with other Trade Contractors required prior to all concrete pours and closing of wall systems containing Trade Contractor's work. Responsible person must be present during all pours and inspections to confirm the integrity of own work. In the event layout does not occur in a timely manner, trade contractor becomes responsible for all rework, reframing, coring, cutting, etc. required to install own work. Provide cut sheets indicating layout dimensions. V. Coordinate, furnish and install all roof top sleepers for own work, if required. Sleepers shall be per roofing manufacture's recommendations W. Responsible for removal and return to appropriate Trade Contractor temporary covers at roof penetrations installed by that Trade Contractor. In the event roof curb is added, it shall be the responsibility of this Trade Contractor to provide, install and secure new temporary covers. Spray paint "Do Not Step" on cover and comply with project safety program. X. Coordinate, layout, furnish and install all louvers and vents required by own work. Coordinate with appropriate Trade Contractor for layout and opening requirements. Y. Coordination with other Trade Contractors for location of connections prior to placement. Z. Trade Contractor to furnish and install own access panels as required. Trade Contractor is responsible for clean up and any drywall damages in addition to removal of drywall debris from access panel installation. Responsible for coordination with other Bid Package contractors for layout and rough-in requirements. AA. Sealants, caulking, and fire stopping at own penetrations. Provide caulking at all dissimilar materials in compliance with Fire Department requirements, plans, specifications and all required codes. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 67 of 75 BB. Start up for own equipment. i CC. Operational testing and instruction to Owner's personnel in compliance with plans and specifications including a minimum 16 hours of instruction. Submit certificate of compliance signed by Owner's representative to Construction Manager upon completion of instruction. DD. Test and Balance HVAC per contract documents. Work shall not be considered complete until Test and Balance reports have been submitted and approved. EE. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. FF. Multiple move-ons and remobilization as required as required by Master Schedule. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 68 of 75 GG. BID PACKAGE NUMBER 16 - ELECTRICAL 00150 DIVISION OF WORK PART 1 AND PART 2.1 16000 GENERAL 16010 ELECTRICAL GENERAL REQUIREMENTS 16110 CONDUITS AND RACEWAYS 16120 CONDUCTORS 16130 OUTLETS AND JUNCTION BOXES 16134 PANEL BOARDS 16140 WIRING DEVICES 16141 NAME PLATES & WARNING SIGNS 16170 GROUNDING & BONDING 16195 ELECTRICAL IDENTIFICATION 16346 CIRCUIT BREAKER SWITCHGEAR 16401 MAIN SERVICE EQUIPMENT 16510 LIGHTING FIXTURES 07 54 19 Single Ply PVC Roofing — Fully Adhered —As applies 07 62 00 Sheet Metal Flashing —As applies 07 84 00 Fire Stopping —As applies 07 92 00 Joint Sealants—As applies 0831 13 Access Doors —As applies 08 36 14 Sectional Overhead Doors —As applies 08 71 00 Hardware—As applies 09 90 00 Painting —As applies 101413 Exit Signage—as applies 12 24 13 Roller Shades —As applies 31 22 00 Earthwork—As applies 31 23 17 Trenching —As applies 31 23 23 Backfilling —As applies 32 12 16 Asphaltic Concrete Paving —As applies 32 13 13 Site Work Concrete—As applies Storm Water Pollution Prevention Plan dated June 5, 2010 (WID #4 56C354665) SCOPE OF WORK INCLUDED BUT NOT LIMITED TO; A. Responsible for full involvement, cooperation and implementation of Special Condition Document # 00820 Building Information Modeling (BIM) Coordination Plan. B. Furnish and install all onsite and offsite underground electrical, telecom, data, fire alarm, flow and tamper flow switches, cable(television), irrigation controller Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 69 of 75 power, site lighting, including but not limited to; conduits, sleeves, duct banks, pull boxes, vaults, wiring, cabling, terminations, equipment pads, distribution equipment, excavation including trenching, dewatering, backfill, bedding, compaction, encasements including concrete, marker tapes, pull ropes, drywells, and all other necessary items for a complete underground system. C. Coordinate, furnish and install all offsite and onsite Southern California Edison (SCE) electrical service systems and equipment including sawcut, demo, trenching, backfill and patch per plans, specifications and SCE documents. D. Coordinate, furnish and install including sawcut, demo, trenching, backfill and patch CATV/Adelphia/Time Warner/ATT Utilities and coordinate with the City of Moorpark and other utility companies stated. E. This Trade Contractor is required to trench, provide and install handholes, pull boxes and conduit relating to the removal and relocation of existing street light poles and the new street light pole including sawcut, demo, trenching, backfill and patch. Southern California Edison (SCE) or their contractor will physically remove and relocate existing street light poles and provide cable. F. Furnish and install all building interior and exterior electrical, low voltage systems, lighting, and fire alarm systems complete including but not limited to; connections to site electrical and low voltage systems, conduit, raceways, cable trays, duct banks/risers, fittings, devices, wiring, cabling, transformers, distribution equipment, meter sections, switchgear, panel boards, breakers, GFI devices, grounding, pull boxes, junction boxes, device boxes, devices, receptacles, outlest, pull rope/string, light fixtures, light switches, motion sensors, etc. for complete operating systems. G. Complete design, submittal and deferred approval of building fire alarm system as required per plans, specifications and all associated local, state and federal codes and requirements. System includes but is not limited to; all conduits, alarm panels, wiring, device boxes, junction boxes, audio devices, visual devices, smoke detectors, heat detectors, bells, connections to HVAC and fire sprinkler systems, equipment and piping supports, hangers, bracing and anchors, labeling, fire penetration sleeves and systems for a fully operational system. Dust and debris covers shall be installed and maintained thru course of construction and remove immediately prior to fire alarm testing procedures. Replace and/or re- install dust and debris covers if ongoing work continues after fire alarm testing per direction of the CM. H. Furnish and install conduit and power to and connection of tamper switches, duct detectors, flow sensors for a complete fire alarm system including all drawings, submittals, permits, deferrals and inspections required by the state and the fire department. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 70 of 75 I. This Trade Contractor responsible for but not limited to all conduit, wiring, wire mold, receptacles, j-boxes and final connections for all casework sectional over head doors, telescoping doors and accordion doors, roller shades and kitchen equipment as indicated on electrical and architectural drawings. J. Verify locations and meet electrical needs for roller shades with Bid Package # 14 Trade Contractor. Electricity must be coordinated prior to installation of final drywall and roller shades. K. Time clocks and by-pass timers for mechanical as shown in electrical drawings and/or as required by any drawings and/or specifications to be performed by electrical contractor. L. Furnish and install all conduit and wire for line voltage controls and related switches and relays as shown in electrical drawings and/or required by electrical specifications. Coordinate with Mechanical documents and Bid package 15 Trade Contractor as required. M. Power wiring, conduit, outlets, disconnect switches and motor rated contactors for HVAC as required per electrical plans and specifications. Responsible for coordination and all electrical interface with section 15900 Building Automation System and Direct Digital Controls. Coordinate with Mechanical documents and Bid Package # 15 Trade Contractor as required. N. Locating, demolition, disconnecting, salvaging, abandoning, tying into and/or altering of existing electrical service, equipment and appurtenances per plans and specifications. Responsible for all necessary street closure permits, traffic permits, pot holing, and use of locating services in advance of demolition Coordination with City of Moorpark is required prior to work in Finch and Minor Street. O. Final electrical connections and all system terminations and wiring to all electrical and mechanical equipment, and other equipment requiring electrical connection per electrical plans and specifications including all connections required for the Building Automation System and Direct Digital Controls. P. This Trade Contractor responsible for all power connections to irrigation controllers and pumps including but not limited to conduits, wiring, terminations, path for low voltage and all other necessary items for complete operational system per contract documents including work shown specifically on landscape irrigation drawings. Q. Conduit and wiring for duct detectors including final connections to fire alarm system. Provide qualified person to attend all inspections of fire alarm system. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 71 of 75 R. Clock system including clocks, master clocks, back boxes, power supplies and wiring will be provided and installed by this trade contractor. All conduit and electrical rough-in related to clock shall remain included as shown and called out for in specifications and documents. This Trade Contractor to also provide and install, as required, the specialty exterior clock on the south elevation of Building B-Elderhorst Bells EB307 for the Dial and EB405 for the hands. Dial and hands to meet the dimensions in the details on Sheet A5.2. S. Owner and or tenants to furnish and install security system equipment. This trade Contractor is to furnish and install all required conduit runs with pull strings, supports and associated outlets as required. T. Owner and or tenants to furnish and install computer network cabling system This Trade Contractor shall coordinate, furnish and install all conduits with pull strings, raceways and rough in related to computer network cabling system per plans and specifications. U. Owner and or tenants to furnish and install computer network cabling system. This Trade Contractor shall coordinate, furnish and install all conduits with pull strings, raceways and electrical rough in related to television systems shall be installed per plans and specifications. V. Owner and or tenants to furnish and install telephone and paging system. This Trade Contractor shall coordinate, furnish and install all conduits with pull strings, raceways, sleeves, and electrical rough in related to the telephone system shall be installed per plans and specifications. W. Furnish and install all motors, power driven equipment and automatic control equipment including low voltage conduit, wiring, switches, shut offs, relays, equipment and accessories for a complete system per plans and specification as applies to Division # 14. X. Furnish and install all miscellaneous metal and hardware for own equipment support, including channels, angles, unistrut, hangers, all thread, etc. in accordance with plans, specifications and all codes. Y. Seismic anchorage, unistrut, all thread, supports, embeds, inserts, hangers, backing plates, bracing, vibration isolation and insulation for own work as required. Z. All testing, cleaning, inspection, balancing and maintenance of own work until Owner's acceptance. All fees and permits for own work including certificates of inspection. Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 72 of 75 AA. Flashing and sheet metal associated with own work including but not limited to flashing at roof and wall penetrations and lead roof jacks or galvanized, plastic or approved product as determined by manufacturer of the overall roofing system implemented and coordinated with other Trade Contractors as required. BB. Painting as required by electrical specifications. CC. This Trade Contractor responsible for all impalement guards on all conduits protruding through slabs and footings as soon as they are placed and maintained until walls are completed around them. DD. This trade contractor responsible for returning all areas previously graded back to its original state after underground utilities have been installed. EE. This Trade Contractor is responsible for the removal of their spoils. Spoils to be stockpiled in a location determined by CM superintendent ONLY, and to be removed within predetermined time limit. FF. This trade contractor responsible for the coordination with other Trade Contractors of underground utilities with structural members and all other underground utilities. GG. Provide control conduit between buildings if required. HH. All concrete work including precast and cast-in place items for own work. Includes all but not limited to housekeeping pads, traffic boxes, transformer pads, pull boxes, extensions, manholes, hand holes and accessories such as frames, covers, ladders, cable racks, etc., and all encasement as required. Work includes all reinforcing for own work. Layout of anchor bolts and templates for light pole bases provided by Bid Package # 16 and installed by Bid Package # 5. This Trade Contractor must provide coordination during concrete pours to assure correct placement of templates and ensure that components in concrete are not disturbed and are at proper elevation and configuration. II. Trade contractor in this bid package responsible for rock removal as applies to own scope of work. JJ. This Trade Contractor is responsible for cabinets and mounting boards for own work, including all plywood fire rated backboards shown in electric and communication rooms or as required by code. KK. Drilling, sleeving or blocking out for electrical penetrations in any surfaces, including drypacking, fire safing including putty packing if required and patching. LL. Layout of items located in concrete or framing prior to installation of concrete or framing. In the event layout does not occur in a timely manner, trade contractor Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 73 of 75 becomes responsible for all rework, reframing, coring, cutting, etc. required to install own work and costs associated with rework to other Trade Contractors. Provide cut sheets indicating layout dimensions in a timely manner prior to layout. MM. Provide emergency battery packs complete per plans and specifications and as required by code. Trade Contractor shall provide an allowance to add exit signs and emergency lighting if required by the inspectors. NN. Secure seismic wires to light fixtures as required.). 00. Labeling, marking, engraving and stenciling of own work as required. PP. Coordination with serving utilities for necessary connections. QQ. Startup and testing of own work. RR. Furnish and install painted fire rated plywood back boards for own systems and for future systems to be furnished and installed by owner and or tenant SS. Furnish and install and maintain temporary power and light service at each building through the duration of construction per the temporary power and temporary lighting plan. This includes spider boxes indicated for each building on the temporary power plan to within 100' of any portion of the building All temporary lighting within each building shown or indicated on the temporary lighting plan. All perimeter temporary power poles and service shown on the r tempora�r power plan is to be provided by the CM. This Trade Contractor shall continue temporary power and lighting distribution from temporary power poles. Temporary power and lighting systems shall be inspected, monitored and maintained DAILY. Temporary power distribution boxes shall be inspected, tested and logged weekly. Immediately remove and replace any portions or equipments of the temporary power and lighting system which is found to be faulty or operating incorrectly. TT. Temporary Data/Phone: Trade contractor to provide as a part of this bid package all temporary Phone and Data Infrastructure for Job site trailer being utilized by Construction Manager and Owner. This includes but is not limited to the following items: Overhead/Underground Wiring to trailer and construction site as shown on the temporary phone and data plan from source, connection at source, to connections at trailer. This work includes data & phone boxes, punch blocks, data & phone outlets and any other hardware, including all internal data/phone wiring within trailer to allow for a server, fax and 6 computers to be operated along with 5 phones. Trade contractor will move or relocate services two times during the construction process if required by Construction Manager. Trade Contractor to maintain utilities thru the duration of construction. Upon completion Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 74 of 75 of the project, trade contractor shall remove all temporary services indicated above. Trade contractor to coordinate this work with Construction Manager. UU. Trade Contractors to furnish and install own access panels as required_ Responsible for coordination with other Bid Package contractors for layout and rough-in requirements. Trade Contractor is responsible for clean up and any drywall damages in addition to removal of drywall debris from access panel installation. VV. Operational testing and instruction to Owner's personnel. Submit certificate of compliance signed by Owner's representative to Construction Manager upon completion of instruction. WW. Support for all testing and balancing of HVAC equipment until Owner acceptance. XX. Removal of surplus materials and debris to a legal disposal site immediately upon installation. Daily disposal of waste will be required Storage of debris will not be allowed on site. YY. Multiple move-ons and remobilization as required as required by Master Schedule. END OF SECTION Ruben Castro Human Services Center 00150 Division of Work City of Moorpark Page 75 of 75 Specifica' Sections N N O` 7 O N O` > eN p C � 0 p C O 0 o E c V c o m �' t «N, m o c N E o is � c N •� o E c o Y o E CD � m ' 2 ' E � 2 = o � c o E T L c o0 o 0 0 3 c U Specification Sections(as shown at right)applying to the work o IL ° c Q LL 8 `m C E o of individual Bid Packages are indicated by a dot occurring in Z 0 w 2 ¢ m o co o: o 0 a� ) the box or boxes opposite that Bid Package number below. o m c o o o e '— �' 5 Specification Sections checked with a dot(0)are the Primary E °; 0' E M E c E`o o a0i —° 0 c o � Q) v 0 0 0 o x 9 m o U m Trade Contractors responsibility. Specifications Sections cn L of ¢ z C� U U) IL w m (n U U checked with a symbol(X)are related to the Trade o o O O M M o O —rl- 0 0 o M o o co 0) o 0 0 � O O N N O O O O O Contractor. The Trade Contractor shall be responsible for o o W o N o o r` r, o 0 'd' 0 0 0 N N M M d' to LO In O r` 1q, N M coordination of all primary and related specifications. 0 0 0 0 0 0 0 0 0 0 0 0 0 I 0 1 0 0 BID PACKAGES 1- Surveying • • • • • • • • • • • 2-Grading and Paving • • • • • • • • • • • • • 3-Landscape and Irrigation • • • • • • • • • • • 4- Site Utilities and Building Plumbing • • • • • • • • • • • X X X 5-Concrete,CMU, Site Furnishings • • • • • • • • • 1 • • • • • 6-Structural Steel and Miscellaneous Metals,Metal • • • • • • • • • • • Decking,Fences and Gates-Ornamental Metal 7-Rough Carpentry • • • • • • • • • • • 8-Finish Carpentry,Casework • • • • • • • 1 • • • • 9-Roofing • • • • • • • • • • • 10-Sheet Metal Roofing, Sheet Metal, Skylights and • • • • • • • • • • • Roof Accessories 11-Glass&Glazing;Aluminum Frames, Storefronts • • • • • • • • 1 • • • 12-Finishes • • • • • • • • • • • 13-Flooring • • • • • • • • • • • 14-Specialties • • • • • • • • • • • 15-HVAC and Fire Sprinklers • • • • • • • • • • • 16-Electrical • • • • • • • • • • • X X 1 of 8 Ruben Castro Human Services Center City of Moorpark 00150 Bid Package Matrix by Specification Section Specification Sections N O N 0 N 0) N !9 O O c c E N E2 w N N l`C C LL N C .0 C _ •� C C N LL �. 7 B O �' W Z' Z' LL 0 O C `O 'C N 0) N ` N C Specification Sections(as shown at right)applying to the work o �, C7 g o c c y a� c c o of individual Bid Packages are indicated by a dot occurring in m 0 E to (D U m o the box or boxes opposite that Bid Package number below. m ° o LL LL _j m t V v 3 0_ Specification Sections checked with a dot(0)are the Primary c c c o C o a� o o Trade Contractors responsibility. Specifications Sections U U U 2 W C� 2 0 2 = F- (2 V U) checked with a symbol X are related to the Trade o LO o o 0 0 0 o M o y ( ) o M o 0 0 0 0 o M o 0 0 0 .- Contractor. The Trade Contractor shall be responsible for LO N rn LO N N O O 0 N M O O O p M M CI 0 N M � LO Lo to N O N eh c0 coordination of all primary and related specifications. M M co It v LO LO Ln LO LO LO LO m co o (D co co 0 01 0 01 0 0 1 0 0 I 0 I 0 0 0 0 0 0 0 0 0 BID PACKAGES 1-Surveying 2-Grading and Paving X 3-Landscape and Irrigation X 4- Site Utilities and Building Plumbing • 5-Concrete,CMU, Site Furnishings • • • • • X I X 6- Structural Steel and Miscellaneous Metals,Metal • • • • • Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry • X X X 8-Finish Carpentry, Casework • • • • 9-Roofing 10-Sheet Metal Roofing, Sheet Metal, Skylights and Roof Accessories 11-Glass&Glazing;Aluminum Frames,Storefronts 12-Finishes • X X X 13-Flooring 14-Specialties 15-HVAC and Fire Sprinklers 16-Electrical 2of8 Ruben Castro Human Services Center City C )orpark 00150 Bid Package Matrix by Specificati ection Specifica' Sections i m 0 o a E N LL p 12 y O O a o w °) m ° c O J N 7 0. 0 C a) 2 N O Specification Sections(as shown at right)applying to the work a c @ a ° °, m o, o of individual Bid Packages are indicated by a dot occurring in o � ? 4) aa) c°'i n m g g a LL o o° the box or boxes opposite that Bid Package number below. Q Q o U) 3 3 v v N Specification Sections checked with a dot(9)are the Primary O c rn o o o m � cYi O Q7 N O C L L O 'p O O N O 8 Trade Contractors responsibility. Specifications Sections � cn 5 it U .- in U) to W z z F— a o_ checked with a symbol X are related to the Trade � ca m -° 0 0 0 0 0 cD r� rn y ( ) N o o f 0 0 0 0 o n N Contractor. The Trade Contractor shall be responsible for N N N Co LO r o (0 n CO rn N °' M coordination of all primary and related specifications, 0 0 0 0 0 ` o ¢ 0 0 0 0 0 0 0 0 0 0 0 BID PACKAGES 1-Surveying 2-Grading and Paving X X 3-Landscape and Irrigation X X 4- Site Utilities and Building Plumbing X X X X X 5-Concrete,CMU, Site Furnishings • • X X 6- Structural Steel and Miscellaneous Metals,Metal X X X X Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry • X X X 8- Finish Carpentry,Casework 9-Roofing • • X • X X 10-Sheet Metal Roofing, Sheet Metal, Skylights and Roof Accessories X • X X X • 11-Glass&Glazing;Aluminum Frames, Storefronts X X 12-Finishes • X X X • • • • • X 13-Flooring X 14-Specialties X 15-HVAC and Fire Sprinklers X X X X 16-Electrical X X X X X 3 of 8 Ruben Castro Human Services Center City of Moorpark 00150 Bid Package Matrix by Specification Section Specification Sections .N.. N O 2 � O N E U) C P 2 V 0O LL C CO 2 N T C v `° 'O O N N N J N N c O = .0 a. C Un E FL Specification Sections(as shown at right)applying to the work > �j w o r ° E o Q U_ H of individual Bid Packages are indicated by a dot occurring in U E E E °-' a� a. a �q m CO T 'D m U the box or boxes opposite that Bid Package number below. 'c_ 'c_ 'c_ Y m w c 'a E w N LD 0 Specification Sections checked with a dot(0)are the Primary E a E E c v ,v_ ° o T m M Trade Contractors responsibility. Specifications Sections u) ¢ > ¢ Q a D x in 5 (n (L 0 U a ¢ ¢ W_ O Cn 0) O O a O O O M O O M M checked with a symbol(X)are related to the Trade rn O O T O O O O O N r Contractor. The Trade Contractor shall be responsible for c CO N O O v 0) o O — M LO CO d 'a o O C 00 O N N CO CO LO M (O coordination of all primary and related specifications. o o u°_ 0 0 0 0 0 o af° 0 0 0 0 0 0 0 °' o BID PACKAGES 1-Surveying 2-Grading and Paving 3-Landscape and Irrigation 4- Site Utilities and Building Plumbing X 5-Concrete,CMU, Site Furnishings X 6-Structural Steel and Miscellaneous Metals,Metal Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry X X 8-Finish Carpentry,Casework X 9-Roofing 10-Sheet Metal Roofing, Sheet Metal, Skylights and • Roof Accessories 1 1-Glass&Glazing;Aluminum Frames, Storefronts • • • • X • 12-Finishes • • • • • X • • 13-Flooring X • • • 14-Specialties 15-HVAC and Fire Sprinklers 16-Electrical X X 4of8 Ruben 1--Astro Human Services Center City c jorpark 00150 Bid Package Matrix by Specificati action Specifica' Sections •y N O N Q N c m 0 N N C O N O N N C) O (Q C U 7 U CO ` V N C N O U' U N O 0) C O 01 E c W L O N V- C 2 fJ� � N � .O ` Specification Sections(as shown at right)applying to the work a� �, a N c m c a IX o m c oo r of individual Bid Packages are indicated by a dot occurring in @ ° ¢ in B ° U o r c N r 0 the box or boxes opposite that Bid Package number below. v c �' 4 U v N v a) w a LL Specification Sections checked with a dot(0)are the Primary �, o C N o �? Trade Contractors responsibility. Specifications Sections rf v> a 0 � CO w �—° in r � 1-o- o LL LL o' in m O) 'D O M O M d' O O N P O O M O M O M checked with a symbol(X)are related to the Trade o N o LO � o a o 0 0 o Contractor. The Trade Contractor shall be responsible for � � �, N m N N N v N rn rn coordination of all primary and related specifications. 0 0 Cal 0 0 0 0 0 0 '0 0 0 0 0 o N N N BID PACKAGES 1- Surveying 2-Grading and Paving X 3-Landscape and Irrigation 4- Site Utilities and Building Plumbing 5-Concrete,CMU, Site Furnishings X X X 6-Structural Steel and Miscellaneous Metals,Metal X Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry 8-Finish Carpentry, Casework 9-Roofing 10-Sheet Metal Roofing, Sheet Metal, Skylights and Roof Accessories 11-Glass&Glazing;Aluminum Frames,Storefronts 12-Finishes 13-Flooring • 14-Specialties • • 15-HVAC and Fire Sprinklers 16-Electrical X 5of8 Ruben Castro Human Services Center City of Moorpark 00150 Bid Package Matrix by Specification Section Specification Sections C N N m N O U > C d >Ln a m O c to 2 N 2 N O U N O .2 CL C N N Y Specification Sections(as shown at right)applying to the work U) o o � 3 Q of individual Bid Packages are indicated by a dot occurring in Y o rn m n o V c n CL the box or boxes opposite that Bid Package number below. CU t w o E a m Specification Sections checked with a dot(0)are the Primary r c o. aa) > @ c c c € r CO Trade Contractors responsibility. Specifications Sections in w w m ¢ in CO n_ ii -j CO 0) checked with a symbol X are related to the Trade o o — M o co M r` rn o 0 0 0 0 y ( ) O O N O N N a) O O O O O Contractor. The Trade Contractor shall be responsible for o N CO M M N M co 0 0 ° r N N N N O M 00 W M d' p coordination of all primary and related specifications. M M M CO M M M M M CO CO M LO I M BID PACKAGES 1-Surveying 2-Grading and Paving • • X X • X • X X X X 3-Landscape and Irrigation • X • • 4- Site Utilities and Building Plumbing X X X X • • • 5-Concrete,CMU, Site Furnishings X X X X • • X X 6-Structural Steel and Miscellaneous Metals,Metal X X • X Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry 8-Finish Carpentry, Casework 9-Roofing 10-Sheet Metal Roofing, Sheet Metal, Skylights and Roof Accessories I 1-Glass&Glazing;Aluminum Frames, Storefronts 12-Finishes 13-Flooring 14-Specialties 15-HVAC and Fire Sprinklers X X X • 16-Electrical X j X X X 6of8 Ruben.rastro Human Services Center City c orpark 00150 Bid Package Matrix by Specificati action Specifica' Sections m C C N 0 N N E2 C L N N O O a y o c U rn e o Q 0 d Q N `= c m a Specification Sections(as shown at right)applying to the work N " o r m aa) o N rn iv 9 m g w m � w I- v o c a o v of individual Bid Packages are indicated by a dot occurring in a a a m v o �, m a the box or boxes opposite that Bid Package number below. m v o- X CO a c —° 0) o_ °: N C f0 C N O c (n W N 7 C O C E CL Specification Sections checked with a dot(0)are the Primary o @ O) 0) rn cn a L m L ° Trade Contractors responsibility. S Specifications Sections N a ? E c ' o E ° ° E ° o in P m iL a n m n � m $ a� > >, o o CO checked with a symbol(X)are related to the Trade > o. a c7 a o_ 2 > a- _ _ W UL 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 Contractor. The Trade Contractor shall be responsible for o 0 o N N v co rn N N �, °; (0 fl- = CO C coordination of all primary and related specifications. 't' "' `n "' �' �' �' "' )" c r LO e- `O L LO r r r BID PACKAGES I-Surveying 2-Grading and Paving 3-Landscape and Irrigation X 4- Site Utilities and Building Plumbing X X X X X X X X X X X • 5-Concrete,CMU, Site Furnishings X 6-Structural Steel and Miscellaneous Metals,Metal Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry 8- Finish Carpentry, Casework 9-Roofing 10-Sheet Metal Roofing, Sheet Metal, Skylights and Roof Accessories 11-Glass&Glazing;Aluminum Frames, Storefronts 12-Finishes X 13-Flooring 14-Specialties 15-HVAC and Fire Sprinklers X X X X X • • X X X X • • • • • 16-Electrical 7of8 Ruben Castro Human Services Center City of Moorpark 00150 Bid Package Matrix by Specification Section Specification Sections U N C f0 1 m T N d X (n c0 Co O 0) iT C M 'O O' N M C C m c c a L N m 3 m o v 'o O Q! 0 f0 ;� •� •3 4 15 c C Specification Sections(as shown at right)applying to the work W c N m0 of individual Bid Packages are indicated by a dot occurring in ¢ 2 2 c v > a v °; x the box or boxes opposite that Bid Package number below. ¢ o ¢ N o o a) m c — 2 Z LL Specification Sections checked with a dot(0)are the Primary c U > > m rn c m c Trade Contractors responsibility. Specifications Sections 0 j C a 6 o o � m = m o T � CO o, checked with a symbol(X)are related to the Trade o 0 m p I— 0 w U U O CL z C5 w v 0 0 0 -6 0 0 0 0 0 o v o o Ln W 0 Contractor. The Trade Contractor shall be responsible for 00 0) o N 0 N M M v v r` rn v c 00 w rn M o M v in coordination of all primary and related specifications. o 'r° cD ca `O `O `O CO CO cO CO `O BID PACKAGES 1-Surveying 2-Grading and Paving X X X X 3-Landscape and Irrigation 4- Site Utilities and Building Plumbing 5-Concrete,CMU, Site Furnishings 6-Structural Steel and Miscellaneous Metals,Metal Decking, Fences and Gates-Ornamental Metal 7-Rough Carpentry 8-Finish Carpentry, Casework 9-Roofing 10-Sheet Metal Roofing, Sheet Metal,Skylights and Roof Accessories 11-Glass&Glazing;Aluminum Frames, Storefronts 12-Finishes X 13-Flooring 14-Specialties 15-HVAC and Fire Sprinklers • • • 16-Electrical 8of8 Ruben ^astro Human Services Center City c jorpark 00150 Bid Package Matrix by Specificati sction �. k '' a' CI) fin 4,t , * CD 3 v o ,-♦ n p 0'i Q. r Z`4 r m 3 S .. .. —, ia A 3 a_ n-� 0 CD p C --s * „._ . •,,,,,,,-‘-- .. 1 3 1 . w `P.-' (./) 3 , ... ,,,,,, CD CD ,—i- CI) '0-' * * ' CD , ( .) o , CD 0 v O = = O �■ CD CD 7 n OL = �_ � , �t," Z ,r."'v' q .r �iiL�� s h gas , _-.. _. • C ` h - K 0) .. ,, 1 . —. , ,._• ,,, .. .. r „ ,� _......... . a .. 0 a_ .,� a CD ./ .. 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RO HUMAN SERVICES CENTER ZERO HARM ' �� i� ' t PROJECT TIMELINE& MILESTONES � Design Review IS Approvals PT-002 Final FE Review with City[Design] 1 08SEP10A 08SEP10A XF nal FE Review with City[Design] PT-004 Final FE Coordinated by BBB[Design] 1 13SEP10A 13SEP10A PT-002 Z inal FE Coordinated by BBB[Design] PT-006 Plans Approved for Permits[Design] 1 14SEP10A 14SEP10A PT-004 I z lens Approved for Permits[Design] PT-008 City Approval to Advertise[Design] 11 15SEP10A 15SEP10A PT-006 X'ity Approval to Advertise[Design] PT-010 Bid Docs Ready for Printing[Design] 1; 22SEP10 22SEP10 PT-008- Bid Docs Ready for Printing[Design] Bidding and Award PT-102 :Advertisement#1 [Bid&Award] 3 21 SEP10A 23SEP10 I PT-010, PT-010 Advertisement#1 [Bid&Award] PT-104 Advertisement#2[Bid&Award] 1! 28SEP10 28SEP10 PT-102' qAdvertisement#2[Bid&Award] PT-106 Job Walk#1 [Bid&Award] 1 28SEP10 28SEP10 PT-104' Job Walk#1 [Bid&Award] PT-108 Job Walk#2-If Needed[Bid&Award] 1 050CT10 050CT10 PT-106- VJOb Walk#2-If Needed[Bid&Award] PT-110 RFI&Substitution Request Cut Off[Bid&Award] 1 120CT10 120CT10 i PT-106,PT-108' VRFI&Substitution Request Cut Off[Bid&Award] PT-112 Addendum#1 [Bid&Award] 1 140CT10 140CT10 .PT-110' VAddendum#1 [Bid&Award] PT-114 Bid Opening[Bid&Award] 1 21 OCT10 21 OCT10 PT-112' VBid Opening[Bid&Award] PT-116 Review/Evaluate Bids[Bid&Award] 3' 220CT10 260CT10 PT-114' /_VReview/Evaluate Bids[Bid&Award] PT-118 County Board of Supervisors Mtg[Bid&Award] 1 02NOV10- 02NOV10 PT-116 VCounty Board of Supervisors Mtg[Old&Award] PT-119 City Council Meeting[Bid&Award] 1i 17NOV10' 17NOV10 PT-118 XXCity Council Meeting[Bid&Award] PT-120 Issue Award Letters&Contracts[Bid&Award] 11 18NOV10 18NOV10 PT-118, PT-119' Dssue Award Letters&Contracts[Bid&Award] Contract Timeline PT-202 Projected Notice To Proceed 0, 29NOV10- — PT-120, PT-120 *Projected Notice To Proceed PT-204 Original Contract Duration[365 Calendar Days] 3651. 29NOV10 28NOV11 1PT-202' Milestones-Phase 1 PT-300 Ground Breaking Ceremony[P1 Milestone] 0 03DEC10 PT-202' *Ground Breaking Ceremony[P1 Milestone] PT-302 Start Construction[P1 Milestone] 0' 13DEC10 + PT-202%PT-300 *Start Construction[131 Milestone] PT-304 Complete Early Site Development[P1 Milestone] 0; 09SEP11 P1-166- Complete Early Site Development[P1 Milestone] PT-306 Complete Building A[P1 Milestone] 0' 070CT11 A-912 Complete Building A[P1 Milestone]* PT-308 Complete Building B[131 Milestone] 0 140CT11 B-912' ! Complete Building B[P1 Milestone] 'PT-31 0 Complete Site Finishes[P1 Milestone] 0; 25OCT11 P1-274' Complete Site Finishes[P1 Milestone]* Milestones-Phase 2 . . ._ . . _..._ --.. -1 - - PT-402 Start Catholic Charities Move[P2 Milestone] i 0 170CT11 P2-002% PT-306, PT-308' Start Catholic Charities Move[P2 Milestone] PT-404 Start Phase 2[P2 Milestone] 0 190CT11 P2-002,P2-004' Start Phase 2[P2 Mil stone] PT 406 Complete Phase 2[P2 Milestone] 0• 29NOV11 P2 022 Complete Phase 2[P2 Mileston PT-408 COMPLETION[P2 Milestone] 0 29NOV11 CO-002,CO-004,CO-006, COMPLETION[P2 Mileston PRECONSTRUCTION Key Submittals 05400.S 'Structural Steel[Prepare Submittal] 10' 19NOV10 06DEC10 1 PT_120- / Structural Steel[Prepare Submittal] 16000.S Electrical[Prepare Submittal] 10 19NOV10 06DEC10 .PT-120- /VVElectrical[Prepare Submittal] art Dale OBSEP10 RP01 Sheet 1 of 12 h ,Ish Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER bcart l f°1ar-c ita Date 22SEP10 CITY of MOORPARK in Date 21SEP/009:05 BWQur Y Q PROJECT SCHEDULE[9/21/10] ID Description Dur Start Finish �-V - - S OCT NOV 6�IAN FEBI.MA-B -JUN.. JUL-1.AUC _$EP .00TT Key Submittals _ ____-._ 05500.S Misc.Metals[Prepare Submittal] 10 19NOV10 06DEC10 .PT-120' LX/Misc.Metals[Prepare;Submittal] 02500.S Site Utilities[Submittal] I 10: 19NOV10 06DEC10 �PT 120' L 17Site Utilities[Submittal] - -- - [ - - 05300.S 'Metal Decking[Prepare Submittal] 10 19NOV10 06DEC10 PT-120' /C Metal Decking[Prepare Submittal] 04820.S Masonry[Submittal] 10i 19NOV10 06DEC10 PT-120' /C'. Masonry[Submittal] .03200.S Rebar[Submittal] 15i 19NOV10 13DEC10 PT-120' /�Rebar[Submittal] '03300.S Concrete[Submittal] 15 19NOV10 13DEC10 !PT-120' /_V_ Concrete[Submittal] 08100.S Doors&Frames[Prepare Submittal] 20 19NOV10 20DEC10 PT-120' _/V Doors&Frames[Prepare Submittal] 15300.S Fire Sprinkler[Prepare Submittal] 204 19NOV10 20DEC10 PT-120' Fire Sprinkler[Prepare Submittal] 16500.S Fire Alarm[Prepare Submittal] 20 19NOV10 20DEC10 PT-120' /��/Fire Alarm[Prepare Submittal] 15800.S HVAC/Mechanical[Prepare Submittal] 20 19NOV10 20DEC10 PT-120' A�,'__--_VHVAC/Mechanical[Prepare Submittal] --.. - .._...---- 08520.S Aluminum Windows[Prepare Submittal] 20 19NOV10 20DEC10 PT-120' /7 /Aluminum Windows[Prepare Submittal] 08411.S Aluminum Entrances&Storefront[Prepare Submit] 30; 19NOV10 05JAN11 PT-120' A Aluminum Entrances&Storefront[Prepare Submit] 10600.S Aluminum Sunshades[Prepare Submit] 30 19NOV10 05JAN11 !PT-120' h`.__- Aluminum Sunshades[Prepare Submit] Approval of Key Submittals 02500,A Site Utilities[Approval] 211 07DEC10 27DEC10 102500.S' /' 7Site Utilities[Approval] 04820.A Masonry[Approval] 211 07DEC10 27DEC10 !04820.S' __TVMasonry[Approval] 05400.A !Structural Steel[Approval] 21: 07DEC10 06JAN11 '05400.S' z�S__,-D 1lStructural Steel-(Approval] .16000.A Electrical[Approval] 21 07DEC10 06JANl1 116000.S' Z'� . Vl Electrical[Approval] 05500.A Misc.Metals[Approval] 21 07DEC10 06JAN11 �55 00.S' /L Misc.Metals[Approval] 05300.A Metal Decking[Approval) 21 07DEC10 O6JAN11 00.S' [ ti"A Metal Decking[Approval] 03200.A Rebar[Approval] 21: 14DEC10 03JANl 1 .03200.S' /Rebar[Approval] 03300.A Concrete[Approval] 21! 14DEC10 03JAN11 .03300.S' /Concrete[Approval] 08100.A Doors&Frames[Approval] 211 21 DEC10 20JAN11 08100.S' Doors&Frames[Approval] 15300.A Fire Sprinkler[Approval] 21i 21 DEC10 20JAN11 �15300.S' /� Fire Sprinkler[Approval] 15300.0 Fire Sprinkler[City Approval] 21 21 DEC10 20JANl 1 15300.S' / Fire Sprinkler[City Approval] 16500.A Fire Alarm[Approval] 21. 21 DEC10 20JAN11 !16500.S' Fire Alarm[Approval] 16500.0 Fire Alarm(City Approval] 21 4 21 DEC10 20JAN11 16500.S- /_/Fire Alarm[City Approval] 15800.A HVAC/Mechanical[Approval] 211 21 DEC10 20JAN11 -[I 5800.S' /1:1=2 7HVAC/Mechanical[Approval] 08520.A Aluminum Windows[Approval] 21: 21DEC10 20JAN11 08520.S' / /Aluminum Windows[Approval] 10600.A Aluminum Sunshades(Approval] 21 06JAN11 j 26JAN11 .10600.S' LT%'�Aluminum Sunshades[Approval] 08411.A !Aluminum Entrances&Storefront[Approval] 21 06JANl1 03FEB11 08411.S' - L /Aluminum Entrances&Storefront[Approval] Fabrication&Delivery of Key Materials 04820.F ;Masonry[Fab&Deliver] 5 28DEC10 04JANl1 ,04820.A' /17Masonry[Fab&•Deliver] 02500.F Site Utilities[Fab&Deliver] 10 28DEC10 11JAN11 02500.A' /XvSite Utilities[Fab&Deliver] 03300.F Concrete[Mobilize/Deliver] 3 04JAN11 ! 06JAN11 ;03300.A' 2,sYConcrete[Mobilize/Deliver] 03200.E Rebar[Fab&Deliver] 15� 04JAN11 24JAN11 03200.A' /S�Rebar[Fab&Deliver] 05300.F Metal Decking[Fab&Deliver] 101 07JANl I 20JAN11 105300.A' /F Metal Decking[Fab&Deliver] 05400.E Structural Steel[Fab&Deliver] 30 07JAN11 17FE1311 05400.A- 7__-- Structural Steel[Fab&Deliver] 05500.E Misc.Metals(Fab&Deliver] 30; 07JANl 1 17FEB11 05500.A' Misc.Metals[Fab&Deliver] art Date 08SEP10 RPOt Sheet 2 of 12 n ita Date 29NEP RUBEN CASTRO HUMAN SERVICES CENTER bq=1 ite Date 22SEP10 CITY of ')RPARK r in Date 2/SEP1009:05 PROJECT SL iULE[9/21/10] ✓! ID Description our Start Finish S OCT NOV. DEC: JAN�FEBTMAF'!.qPR MAYTJUN .JI'J-01 SEP OCT Fabrication&Da y of Key Materials 16000.1' Electrical[Fab&Deliver) 120; 07JAN11 24JUN11 16000.A' — ----- - Electrical[Fab&Deliver] 15300.1 Fire Sprinkler[Fab&Deliver] 1 10 21JAN11 03FEB11 15300.A', 15300.C' /FIFire Sprinkler[Fab&Deliver] 16500.F Fire Alarm[Fab&Deliver] 10, 21JAN11 03FEB11 I16500.A', 16500.C' /CVFire Alarm[Fab&Deliver] 08520.F Aluminum Windows[Fab&Deliver] 101 211AN11 03FEB11 ;08520.A' / V Aluminum Windows[Fab&Deliver] 08100.F Doors&Frames[Fab&Deliver] 30 21 JAN11 03MAR11 108100.A' &Frames[Fab&Deliver] 15800.1' HVAC/Mechanical[Fab&Deliver] 601 21JAN11 14APRl l 15800.A' % HVAC/Mechanical[Fab&Deliver] 10600.F Aluminum Sunshades[Fab&Deliver] I 30 27JAN11 09MARl1 10600.A' /�_.:�Aluminum Sunshades[Fab&Deliver] 08411.E Aluminum Entrances&Storefront[Fab&Deliver] 45 04FEB11 07APR11 08411.A' — — — /_ Aluminum Entrances&Storefront[Fab&Dt PHASE 1A -SITE Mobilization P1-002 Site Survey[Site Prep] 3 13DEC10 15DEC10 PT-300,PT-302' ]Site Surve Site Pre P1-004 Temporary Fence[Site Prep] 1 1 14DEC10 14DEC10 P1-002' ZTemporary Fence[Site Prep] P1-006 Mobilize Equipment[Site Prep] 1 15DEC10 15DEC10 P1-004' ZMobllize Equipment[Site Prep] PI-008 Temporary Utilities[Site Prep] 31 16DEC10 20DEC10 P1-002' A7Temporary Utilities[Site Prep] Site Preparation&Utilities P1-102 Clear&Grub[Site Prep] 2 16DEC10 17DEC10 •P1-006 ]Clear&Grub[Site Prep] P1-104 Adelphia Box Relocation IS Prep] 1 20DEC10 20DEC10 P1-102' ZAdelphla Box Relocation[Site Prep] P1-106 ID Cath Charities Utilities @ Minor/Fitch[Prep] 1 j 20DEC10 20DEC10 P1-102- XXID Cath Charities Utilities @ Minor/Fitch[Prep] P1-108 Demo Sidewalks for Entry Parkway Drains[Prep] 2 20DEC10 21 DEC10 P1-102' VDemo Sidewalks for Entry Parkway Drains[Prep] 1 P1-110 Relocation of Street Lighting I [Site Prep] 3 20DEC10 � 22DEC10 P1-1 ,04 P1-104 zRelocation of Street Lighting[Site Prep] P1-112 Fine Grade @ Entrances on Spring Street[Prep] 1 23DEC10 23DEC10 P1-002,P1-106,P1-108, KFine Grade @ Entrances on Spring Street[Prep] P1-114 Over-Ex and Re-Compact Building Pads(Site Prep) 15 27DEC10 17JAN11 P1-112'.PI-008 A&WOVer-Ex and Re-Compact Building Pads[Site Prep] P1-116 Rough Grade for Parking Areas[Site Prep] 8 18JANl 1 27JAN11 'P1-114' /Rough Grade for Parking Areas[Site Prep] P1-118 CMU East Perimeter Wall[Site Prep) 10! 18JAN11 31 JAN 11 04820.F.P1-114' A\/CMU East Perimeter Wall[Site Prep] P1-120 CMU North Perimeter Wall&Trash End[Prep] 15 18JAN11 1 07FEB11 P1-114' /X7V7CMU North Perimeter Wall&Trash Encl[Prep] P1-122 Storm Drain @ Parking to POC Bldgs[Site Prep] 5 28JAN11 03FEB11 102.500.F, P1-116' //Storm Drain @ Parking to POC Bldgs[Site Prep] P1-124 Sanitary Sewer from Minor/Fitch[Site Prep] 51 28JAN11 03FEB11 P1-116' /VSanitary Sewer from Minor/Fitch[Site Prep] P1-126 Domestic Water from Minor/Fitch[Site Prep] 31 04FEB11 I 08FEB11 P1-122' /UDomestic Water from Minor/Fitch[Site Prep] .. ..... .... . P1-128 Fire Water from Minor/Fitch[Site Prep] 5 04FEB11 10FEB11 P1-122',P1-124' /\/Fire Water from Minor/Fitch[Site Prep] P1-130 Perimeter Light Pole U.G.Conduit[Site Prep] I 5, 08FEB11 14FEB11 P1-118,P1-120- /VPerimeter Light Pole U.G.Conduit[Site Prep] -- ... . ----._. _.__ _._._.. P1-132 Form&Place Light Pole Bases @ Perimeter[Prep] 10; 08FEB11 21 FEB11 —P1-118,P1-120' AVForm&Place Light Pole Bases @ Perimeter[Prep] P1-134 Telephone Conduit from Minor/Fitch[Site Prep] 2' 11 FEB11 14FEB11 P1-128' //Telephone Conduit from Minor/Fitch[Site Prep] P1-136 TV/Cable from Spring Street[Site Prep] 2 11 FEB11 14FEB11 P1-128' A/TV/Cable from Spring Street[Site Prep] P1-138 Gas Main from Min Fitch[Site Prep] 3! 11 FEB1 1 15FEB11 P1-126,P1-128' NGeS Main from Minor/Fitch[Site Prep] P1-140 Elect Conduit from Minor/Fitch to Pads[Prep] 5' 11 FEB11 17FEB11 P1-128' AVElect Conduit from Minor/Fitch to Pads[Prep] P1-142 Fine Grade for Parking Areas[Site Prep] 5 16FEB11 1 22FEB11 I P1-124, P1-126, P1-128, A\ Fine Grade for Parking Areas[Site Prep] P1-144 Irrigation/Electrical Sleeves @ Parking[Prep] 31 22FEB11 24FEB11 P1-132' /VIrrigation/Electrical Sleeves @ Parking[Prep] P1-146 Form/Place Sidewalk @ Spring Entrances[Prep] 2' 224UL11 25JULl1 A-226',B-226, P1-112 ti Form/Place Sidewalk @ Spring Entrances[Prep]] P1-148 Cut Approaches on Spring Street[Site Prep] 1 26J UL,1 26JUL11 P1-146' J Cut Approaches on Spring Street[Site Prep]j art Date OBSEP10 RP01 Sheet 3 of 12 ilsh Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER barn" a `iC ita Date 22SEP10 .n Date 21SEP1009:05 CITY Of MOORPARK WNW BOMW PROJECT SCHEDULE[9/21/10] ID Description Dur Start Finish Zulu _ _-S j_QG_T_J4QV,DEC.[.JAN_I MAR .A_LMk Jam@!-L LA�1G i Site Preparation&Utilities P1-150 Fine Grade for Perimeter Curb&Gutter[Prep] 3 27JULl1 29JUL11 P1-124, P1-126,P1-130, Fine Grade for Perimeter Curb&Gutter[Prep]] P1-152 Place Base for Curb&Gutter[Site Prep] 3; 01AUG11 03AUG11 P1-150' Place Base for Curb&Gutter[Site Prep]j P1-154 Place Concrete Curb&Gutter[Site Prep] 5: 04AU611 10AUG11 P1-152' Place Concrete Curb&Gutter[Site Prep]j P1-156 Trench&Install Irrigation Mainlines[Site Prep 5; 09AUG11 I 15AUGl1 IA-230',B-230 i Trench&Install Irrigation Mainlines[Site PrepZV P1-158 Set At-Grade Catch Basins/Boxes/COs[Prep] 5 11AUG11 17AUG11 P1-154' Set At-Grade Catch Basins/Boxes/COS[Prep]ff P1-160 Place Base for Parking @ Pave 1 Lift(Site Prep] 5 18AUG11 24AUG11 P1-142,P1-158' Place Base for Parking @ Pave 1 Lift[Site Prep] P1-162 Utility Sets Xfiner/Connects Main Feeders[Prep] 5 19AUG11 25AUG11 A-242,A-324,B-242', Utility Sets Xfiner/Connects Main Feeders[PrepW P1-164 Backfill Planters at Parking Area[Site Prep] 2; 25AUG11 26AUG11 .P1-160' I Backfill Planters at Parking Area[Site Prep]j P1-166 Install Landscaping[Site Prep] 10, 29AUG11 ! 09SEP11 P1-156,P1-164' Install Landscaping[Site Prep]AW Site Development Around Buidings[Phase 1] P1-202 Survey Planter and Site Walls[Phase 1j 2 22JULl1 25JULl1 A-226', B-226 Survey Planter and Site Walls[Phase 1]&7 P1-204 Survey Gate Pilasters @ Spring SURad Gate[P1] 2 22JUL11 25JULl 1 A-226', B-226 Survey Gate Pilasters @ Spring SVRad Gate[P1]�y P1-206 Survey Canopy,Trellis, Pergola Footings[Ph i] 2 22JUL11 25JUL11 A-226`,B-226 Survey Canopy,Trellis,Pergola Footings[Ph ll 7 P1-208 Excav Ftgs/Planters/Ramps/Gate Pilasters[P1] 2; 26JULl1 27JULl1 P1-202',Pi-204', P1-206' Excav Ftgs/Planters/Ramps/Gate Pilasters[P1]a P1-210 Excav Footings Canopy,Trellis,Pergola[Ph 1] 21 28JULl1 29JUL11 P1-208' Excav Footings Canopy,Trellis,Pergola[Ph 1]J P1-212 Form/Rebar/Place Planter/Ramp/Pil Ftgs[Ph 11 3: 28JULl 1 01AUG11 P1-208' Form/Rebar/Place Planter/Ramp/Pll Figs[Ph 1]m P1-214 Form/Rebar/Place Canopy/Trellis/Perg Ftgs[Ph 1 3 01AUG11 03AUG11 P1-210` Form/Rebar/Place Canopy/frellis/Perg Ftgs[Ph 1]/\j P1-216 Steel Stud Frame Gate Pilasters[Phase 11 2 02AUG11 03AUG11 P1-212' Steel Stud Frame Gate Pilasters[Phase 1]/V P1-218 CMU Site and Planter Walls[Phase 1] 10 02AUG11 15AUG11 1 P1-212' CMU Site and Planter Walls[Phase 1JQN7 P1-220 Sheath,Lath, Plaster Pilasters[Phase 1] 3: 04AUG11 08AUG11 P1-216- Sheath,Lath,Plaster Pilasters[Phase 1]m P1-222 Struct Steel-Canopy/Trellis/Pergola[Phase 1] 5; 04AUG11 10AUG11 P1-214' Struct Steel-Canopy/Trellis/Pergola[Phase 11/S7 P1-224 Survey for Site Storm Drain,Lighting[Phase 11 11 11AUG11 11AUG11 P1-222- Survey for Site Stor m Drain,Lighting[Phase 11V - P1-226 '•Install Flag Pole[Phase 1] 2 11AUG11 12AUG11 P1-222' Install Flag Pole[Phase 1]j P1-228 Assemble Canopy/Trellis/Benches/Pergola[Ph 1] 10! 11AUG11 24AUG11 P1-222' Assemble Canopy/Trellis/Benches/Pergola[Ph 1]/j / 1 P1-230 Excav/Install Site Drainage[Phase 1] 3 12AUG11 16AUG11 P1-224' Excav/Install Site Drainage[Phase 1]N' P1-232 Excav/Install Site Lighting Conduit[Phase 11 3: 12AUG11 16AUG11 P1-224' Excav/Install Site Lighting Conduit[Phase 1]/V P1-219 ;Metal Decking @ Trash Enclosures[Phase 1] 3! 16AUG11 18AUGl I I P1-218' Metal Decking @ Trash Enclosures[Phase 1]L1 P1-234 Fine Grade Site Concrete Areas[Phase 1] 3! 19AUG11 23AUG11 P1-218, P1-219', P1-230, Fine Grade Site Concrete Areas[Phase 1]/�J P1-236 Set Embeded Handrails(Phase 11 1 24AUG11 24AUG11 P1-234' Set Embeded Handrails[Phase 1],g P1-238 Set Embeded Site Signage[Phase 1] 1 24AUG11 24AUG11 P1-234- Set Embeded Site Signage[Phase 1],V P1-240 Set Catch Basins/Area Drains/Clean Outs[Ph 1] 2: 24AUG11 25AUG11 i P1-234' Set Catch Basins/Area Drains/Clean Outs[Ph 1W_ I - P1-242 Concrete Foundations for Bollard Lights[Ph 11 2! 24AUGl 1 25AUG11 P1-234' Concrete Foundations for Bollard Lights[Ph 1W P1-244 Set Bicycle Racks/Benches/Picnic Tables[Phi] 3; 24AUG11 26AUGl 1 P1-234' Set Bicycle Racks/Benches/Picnlc Tables[Ph1]/V P1-246 Form Concrete Flatwork/Steps/Site Benches[Ph 1] 151 24AUG11 13SEP11 1 P1-234' Form Concrete Flatwork/Steps/Slte Benches[Ph 1]/ I P1-248 Place Concrete Flatwork/Curbs/Benches[Ph 11 5; 29AUG11 02SEP11 P1-236, P1-238,P1-244- Place Concrete Flatwork/Curbs/Benches[Ph 1]/V P1-250 Trench&Install Irrigation Lines[Phase 11 5i 05SEP11 09SEP11 P1-240, P1-248' Trench&Install Irrigation Lines[Phase 11/_V P1-252 Set Ornamental Gates&Fences[Phase 11 1 7' 05SEP11 13SEP11 P1-220, P1-248• Set Ornamental Gates&Fences[Phase 11Z7 P1-254 Fine Grade Planter Areas[Phase 1] 3; 12SEP11 14SEP11 P1-250- Fine Grade Planter Areas[Phase 1])V P1-256 Set In-Ground Luminaire Fixtures[Phase 1] _ 1 14SEP11 15SEP11 P1-242,P1-246' Set In-Ground Luminaire Fixtures[Phase 1],V art Date OBSE RP01 Sheet 4 of 12 b�rn har fish Date 29N VEP11 1, RUBEN CASTRO HUMAN SERVICES CENTER ita Dale 22SEP00 CITY of )RPARK BWOUP BE in Date 21SEP1009: S PROJECT SC. .ULE[9/21/10] I ID Description Dur � Start Finish ' V. _.._.-_. _._: .._....__ _ 'fl17T-._ f S [QCT NOV!DEC JAN_.'FEB i MAR!APRIMAY _,]ilN Jl'" WG SEP r OCT Site Developme. fund Buidings(Phase 11 P1-258 Paint All Site Structures&Improvements[Phase 5 14SEPl 1 20SEP11 1 P1-228,P1-252' Paint All Site Structures&Improvemen r[PhaseA P1-260 Landscape[Phase 1] 10 16SEP11 30SEP11 P1-254, P1-256' Landscape[Phase 1]A.-.\,,' P1-262 Install Building Signage[Phase 11 21 03CCT11 040CT11 P1-260' Install Building Signage[Phase 1])., P1-264 Install Site Lighting Fixtures[Phase 11 2 030CT11 040CT11 P1-256, P1-260' Install Site Lighting Fixtures[Phase 1]jj P1-266 Flush Storm Drain and Video[Phase 1] 5 030CT11 070CT11 P1-260' Flush Storm Drain and Video[Phase 1]/7 P1-268 Commission Irrigation[Phase 1] 2 05CCT11 060CT11 P1-260, P1-264' Commission Irrigation[Phase 1]1\�/ P1-270 Commission Site Lighting[Phase 1] 2i 050CT11 06CCT11 P1-260,P1-264' Commission Site Lighting[Phase 1]zV! Final Clean Site[Phase 1]/ P1-272 Final Clean Site[Phase 11 51 050CT11 11OCT11 :P1-226, P1-258,P1-261]/'U,'P1-274 Site Punchlist&Corrections[Phase 11 10. 12CCT11 25CCT11 P1-266, P1-268, P1-270, Site Punchlist&Corrections[Phase 1]A PHASE 1A -BUILDING B Building Footings and Slabs(Bldg.B] B-002 Pad Certification[B] 2. 18JAN11 19JAN11 P1-114' ZPad Certification[B] B-004 Survey Building Corners[B] 1 20JAN11 20JAN11 B-002' XSurvey Building Comers[B] B-006 Underslab MEP Utilities[B] 151 21 JAN 11 10FEB11 B-004' AWUnderslab MEP Utilities[B] B-008 Excavate&Form Starter Footings[B] 101 04FEB11 17FEB11 1 B-006',B-006 AW Excavate&Form Starter Footings[B] B-010 Set Anchor Bolts&Rebar @ Starter Figs[B] 10, 11 FEB11 24FEB11 03200.F,B-008',B-008 AWSet Anchor Bolts&Rebar @ Starter Ftgs[B] B-012 Sleeving for MEPs @ Footings&Grade Beams[B] 10II 11 FEB11 24FEB11 B-008', B-008 AWWSleeving for MEPs @ Footings&Grade Beams[B] B-014 Place Concrete @ Starter Footings[B] 5 23FEB11 01 MAR11 ;03300 F.B-010',B-010, /Place Concrete @Starter Footings[B] B-016 Set Steel Columns/Frames @ Starter Ftgs[B] 3 02MAR11 04MAR11 05400.F, B-014' XSet Steel Columns/Frames @ Starter Ftgs B _. - —_. B-018 Excavate&Farm Footings/Grade Beams[Bj 10 07MAR11I 18MAR11 B-016' EExcavate&Form Footings/Grade Beams[B] -i ----- B-020 Set Rebar at Footings and Grade Beams[B] 1 10: 09MAR11 22MAR11 •03200.F.B-018',B-018 MSet Rebar at Footings and Grade Beams[B] B-022 Set Embeds&Anchor Bolts @ Ftgs/Grade Bms[B] 101 09MAR11 22MAR11 :B-018*.B-018 AwSet Embeds&Anchor Bolts @ Ftgs/Grade Bm. B-024 Place Concrete @ Footings&Grade Beams[B] 2 22MAR11 21M R1 B-020',B-022' ZPlace Concrete @ Footings&Grade Beams[B; B-026 Backfill and Compact around Footings[B] 2 24MAR11 25MAR11 B-024' KBackfill and Compact around Footings[B] B-028 Excavate for Raised Walls&Interior Ftgs[B] 31 l 29MAR11 B 026' /Excavate for Raised Walls&Interior Ftgs[B] B-030 Form Raised Walls/Ramps/Stairs/Int Ftgs[B] 51 28MAR11 01APR11 B-028',B-028 SForm Raised Walls/Ramps/Stairs/Int Ftgs[B] B-032 Set Rebar @ Raised Walls/Ramps/Stairs/Ftgs[B] 31 31 MAR11 1 04APR11 B-030', B-030' /Set Rebar @Raised Walls/Ramps/Stairs/Ftg: ..... --- - - - B-034 Place Concrete Walls/Ramps/Stairs/Ftgs[B] 2 04APR11 05APR11 B-032' jPlace Concrete Walls/Ramps/Stairs/Ftgs[B] B-036 Backfill&Compact Around Ftgs/Walls/Ramps[B] 21 06APR11 07APR11 B-034' NBackfill&Compact Around Ftgs/Walls/Rama B-038 Backfill&Compact for Bldg Slab and Curbs[B] 3' 06APR11 I 08APR11 B-036' Backfill&Compact for Bldg Slab and Curbs AFFOrm Building Slab[B] B-040 Form Building Slab[B] 61 11APRl l 18A. B-038' B 042 Place Base,Sand,VB,for Slab&Curbs[B] 4! 14APR11 19APR11 B-040',B-040' /Place Base,Sand,VB,for Slab&Curbs[E B-044 Set Rebar for Slab and Curbs[B] 4• 19APR11 22APR11 B-042' ArSet Rebar for Slab and Curbs[B] B-046 Diamond Block Outs @ Column Embeds[B] 2'1 21APR11 22APRl l B-044',B-044' Di mond Block Outs @ Column Embeds[BIN — rm Misc Curbs/St Walls/ sd Slat B-048 Form Misc Curbs/St Walls/Depressd Slabs(B] 2 21APR11 22APR11 B-046' ZFo Depres S B-050 Place Concrete for Slab&Curbs[B] 21 25APR11 26APR11 B-048' 1 jPlace Concrete for Slab&Curbs[B] B-052 Sawcut Slab Control Joints[B] 11 27APR11 27APR11 B-050' VSawcut Slab Control Joints[B] B-054 Place Concrete @ Diamond Infills[B] 1 _16MAY11 16MAY11 1 B-102, B-108' - I — EZPlace Concrete @ Diamond Infills[E art Date 08SEP10 RP01 Sheet 5 of 12 fish Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER taaw Re Date 22SEPto CITY Of MOORPARK in Date 21 SEP10 09:05 BMP BOO M PROJECT SCHEDULE[9/21/10] Finish — >u 4 — --.... ID Description ; Du Start S I OCT I NOV 1 DEC JANJAN FEBTMAR[APR LMAY J-UIN -JUL;AUG SEP I OCT h Building Structure[Bldg. B] B-102 Erect Struct Steel Columns/Beams/Canopy[B) 1 5 27APR11 03MAY11 05400.F,B-050', P1-126, Er t Struct Steel Columns/Beams/Canopy[B]/ B-104 Misc Struct Steel for Roof Penetrations[B] 5 27APR11 03MAY11 05500.F, B-102',B-102' Misc Struct Steel for Roof Penetrations[B]/ B-106 Roof Perimeter Edge Form Bent Plate[B] 5 27APR11 03MAY11 05500.F, B-102',B-102' Roof Perimeter Edge Form Bent Plate[B]/ .B-108 Metal Roof Deck[B] 8, 04MAY11 13MAY11 05300.F.B-104',B-106' MMetal Roof Deck[B] B-110 :Metal Deck @Canopies[B] 31 16MAY11 18MAY11 �05300.17,B-108' &Metal Deck @ Canopies[B] Building Shell&Exterior Walls[Bldg.B] B-202 Steel Stud Frame Exterior Walls[B] 8 16MAY11 25MAY11 B-052,B-054, B-106,B-108- MSteel Stud Frame Exterior Walls[E B-204 Misc Metal Brackets @ Gates/Canopy/Benches[B] 4� 20MAY11 25MAY11 B-202',B-202' Ml c Metal Brackets @ Gates/Canopy/Benches[B]/ B-206 Rough MEP at Exterior Walls[B] 4 23MAY11 26MAY11 B-202' tRough MEP at Exterior Walls[B] B-208 Exterior Sheathing[B] 5i 24MAY11 31 MAY11 1 B-202 ,B-204',B-204, MExterior Sheathing[B] B-210 Vapor Barrier for Masonry Veneer[B] 2; 31 MAY11 01 JUN11 B-208' I Vapor Barrier for Masonry Veneer[B]Z B-212 Flashing/Waterstop @ Window/Door Openings[B] 3 31 MAY11 02JUN11 16-210%B-210 lashing/Waterstop @ Window/Door Openings[B]Z B-214 Masonry Veneer and Capstone[B) 12. 03JUN11 20JUN11 B-212' Masonry Veneer and Capstone[B]AM B-216 Lath&Extruded Aluminum Sections[B] 5 21JUN11 27JUNl 1 B-214' Lath&Extruded Aluminum Sections[B]/ B-218 Scratch Coat[B] 2 28JUN11 29JUN11 B-216' ZScratch Coat[B] B-220 Brown Coat[B] 21 05JUL11 06JLIL 1 6-218' 1 ZBrown Coat[8] B-222 Brown Coat"Cure"Prior to Finish Coat[B] 7. 06JUL11 12JUL11 B-220' Brown Coat"Cure"Prior to Finish Coat[B]/V- B-224 Decorative Cornice[B] 3. 07JULl1 11JUL11 B-220' /Decorative Cornice[B] B-226 Finish Coat[B] 2 18JUL11 19JUL11 B-222,B-224' ZFlnish Coat[8] B-228 Finish"Cure"Prior to Exterior Painting[B] 14 19JUL11 01 AUG11 B-226' Finish"Cure"Prior to Exterior Painting[B]AW B-230 Paint Exterior Walls B 3 02AUG11 04AUGI I B-226,B-228' Paint Exterior Walls B B-232 Sectional Overhead Door[B] I 3 05AUG11 I 09AUG11 !B-230* Sectional Overhead Door[B]o B-234 Exterior Light Fixtures[B] 3 05AUG11 09AUG11 B-230' Exterior Light Fixtures[B]o B-236 Set Overflow Scupper Trim Rings[B] 3' 05AUG11 ! 09AUG11 B-230' Set Overflow Scupper Trim Rings[B]m B-238 Caulk Reveals[B] 3 05AUG11 09AUG11 B-230' /Caulk Reveals[B] B-240 Install Benches, Eyebrows,Canopies[B] 5 05AUG11 11AUG11 iB-230' Install Benches,Eyebrows,Canopies[B][SJ B-242 Storefront Doors and Windows[B] 10 05AUG11 18AUG11 108411.F, B-230' Storefront Doors and Windows[B]M B-244 Aluminum Windows[B] 10 05AUG11 18AUG11 08520.F, B-230' Aluminum Windows[B]A B-245 Aluminum Sunshades[B) 5 19AUG11 25AUG11 10600.17,B-244' Aluminum Sunshades[B][V B-246 Clean Exterior Surfaces[B) 2' 26AUG11 29AUG11 B-232,B-234,B-236,B-238, Clean Exterior Surfaces[B]/V t- ------- B-248 Install Graffiti Resistant Coating[B] 2' 30AUG11 31 AUG11 B-246' Install Graffiti Resistant Coating[B] Building Roof[Bldg.B] _. .._.. B-302 Define MEP Penetrations @ Metal Deck[B) 1 10MAY11 I 10MAY11 B-108' Define MEP Penetrations @ Metal Deck[BN B-304 ;Plywood Sheathing over Metal Deck High Roof[B 3 16MAY11 I. 18MAY11 B-108',B-302 i PI ood Sheathing over Metal Deck High Roof[BE B-306 Install Parapet Wall Sheathing[8] 3 16MAY11 18MAY11 ;B-108' N- Install Parapet Wall Sheathing[B ] B-308 Wood Nailers for Skylights&Flashing[B] 3. 16MAY11 18MAY11 B-108' Wood Nailers for Skylights&Flashing[B]& B-310 Roof Curbs-HVAC,Skylight,Hatch, Etc.[B] 5: 16MAY11 20MAY11 'B-108' Roof Curbs-HVAC,Skylight,Hatch,Etc.[BIR B-312 Set Roof Drains&Related Piping[B] 5. 16MAY11 20MAY11 B-1.08',B-302 /VSet Roof Drains&Related Piping[E B-314 MEP Stub Ups thru Roof[B] 5 16MAY11 20MAY11 B-108' &MEP Stub Ups thru Roof[B] art Date 08SEP10 RP01 Sheet 6 of 12 ,ish Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER bairn hew 1z as Date zzsEP00 CITY of IRPARK our p( in Date 21SEP1009; 5 PROJECTSC. ,ULE [9/21/10] �i ��ly ID Description Dur Start Finish �. 7u- T - -- - -;--� S-OCT I NOV:DEC;.JAN FIER].MAR[.A...PF;�.M_ UN-I.Jl UG.I SAP OCT I h Building Roof[L B] ) B-316 Install Recessed Gutter @ High Roof[B] 2 19MAY11 20MAY11 B-304' Install Recessed Gutter @ High Roof[B]XZ B-309 :Wood Nailers @ Canopies[B] 3 19MAY11 23MAY11 B-110', B-308` !S/Wood Nailers @ Canopies[B] B-318 Install MEP Penetration Lead Flashings[B] 2. 23MAY11 24MAY11 B-314' Install MEP Penetration Lead Flashings[B]/ B-320 Standing Seam High Roof&Related Flashing(B] 5 23MAY11 j 27MAY11 B-316' Itanding Seam High Roof&Related Flashing[B]ZV B-322 Install Roof Rigid Insulation[B] 5 31MAY11 06JUN11 B-306,B-308, B-310,B-312, //Install Roof Rigid Insulation[B] B-323 Install Roof Insulation @ Canopies[B] 3. 07JUN11 09JUN11 B-309,B-322' Install Roof Insulation @ Canopies[B]J�j B-324 Install PVC Roofing Membrane[B] 5' 07JUNl1 13JUN11 B-318,B-322' Install PVC Roofing Membrane[B]/ I B-325 Install Roofing @ Canopies[B] 3 10JUN11 14JUN11 B-323', B-324' /Vinstall Roofing @ Canopies[B B-326 Set Roof Top Units[B] 1 14JUN11 14JUN11 15800.F,B-324' X/Set Roof Top Units[B] B-328 Install Roof Traffic Pads(B] 2 14JUN11 15JUN11 B-324' /VInstall Roof Traffic Pads[B] B-330 Set Skylights(B] 5 14JUN11 20JUN11 B-324' (_W Set Skylights[B] B-332 Sheet Metal Flashing&Coping[B] 10 14JUN11 27JUN11 B-324' Sheet Metal Flashing&Coping[BM- B-334 MEP Final Connections to Rooftop Equipment[B] 10 15JUN11 28JUN11 B-326' MEP Final Connections to Rooftop Equipment[B]ZX�7 B-333 Sheet Metal Flashing @ Canopies[B] 3; 28JUN11 30JUN11 'B-325,B-332' Sheet Metal Flashing @ Canopies[B]N B-336 Clean Roof[B] 11 01JUL11 01JUL11 B-328,B-330,B-332,B-333' }Clean Roof[B] Building Interiors[Bldg.B] B-502 Layout Interior Walls[B] 2• 16MAY11 17MAY11 B-108` VLayout Interior Walls[B] B-504 Rough Plumbing[B] 20: 18MAY11 15JUN11 B-108, B-110,B-502' /�,--VRough Plumbing[B] B-506 Rough Fire Sprinklers[B] 20 18MAY11 15JUN11 15300.F, B-108,B-110, /N--.'VRough Fire Sprinklers[B] B-508 Rough HVAC[B] 20! 23MAY11 20JUN11 B-108,B-110,B-502,B-504' /-V-1:-'7Rough HVAC[B] B-510 Steel Stud Frame Interior Walls[B] 151 26MAY11 16JUN11 :08100.F,B-054,B-108, Steel Stud Frame Interior Walls[B]/�� B-514 Rough Electrical[B] 201 10JUN11 08JUL11 B-510', B-512 n VRough Electrical[B] B-512 Frame Hard Lid Ceilings/Soffits[B] 10 17JUN11 30JUN11 B-506,B-508,B-510' Frame Hard Lid Ceilings/Soffits[B]/I�SJ B-516 Fire Alarm Conduit&Wire[B] 20 17JUN11 15JUL11 16500.F,B-510',B-514 Fire Alarm Conduit&Wire 'B-518 Electrical Panels&Equipment[B] 10 27JUN11 11JUL11 16000,F',B-510,B-514 Electrical Panels&Equipment[B]/�/ B-520 One Side Drywall[B] 5 18JUL11 22JUL11 B-216,B-324,B-504,B-512, /VOne Side Drywall[B] B-522 Insulation[B] 3 25JUL11 27JUL11 B-520' �Insulatlon[B] B-524 Second Side Drywall[B] 5 28JUL11 03AUG11 B-518,B-522' Second Side Drywall[B]Q\I B-526 Tape and Texture Drywall[B] 10 04AUG11 17AUG11 B-524' Tape and Texture Drywall[B]ZS:V B-528 Doors&Door Hardware[B] 5: 18AUG11 24AUG11 08100.F, 6-526` - Doors&Door Hardware[B]/V - - -- - - B-530 Paint[B] 10; 19AUG11 01SEP11 B-242',B-244',B-526, MPalnt[B] B-532 Ceramic&Quarry Tile[B] 101 23AUG11 05SEP11 113-526,13-530* Ceramic&Quarry Tile[B]Z�7-;V B-534 Fire Alarm Devices[B] 51 02SEP11 08SEP11 B-512,B-516,B-530` Fire Alarm Devices[B]/V B-536 Resilient Flooring&Base[B] 51 02SEP11 08SEP11 B-530' Resilient Flooring&Base[B]/V B-538 Vinyl&Tackable Wall Covering[B] 5i 02SEP11 08SEP11 B-530' Vinyl&Tackable Wall Covering[BW B-540 Install Owner Furnished Shelving[B] 5; 02SEP11 08SEP11 B-530' Install Owner Furnished Shelving[B]/.7 B-542 Casework[B] 5; 02SEPI I 08SEP11 113-530' XCasework[E B-544 T-Bar Grid[B] 10 02SEP11 1SSEP11 B 530' T-Bar Grid[B],W B-548 Set Plumbing Fixtures[B] 5i 06SEP11 12SEP11 6-532' Set Plumbing Fixtures[B]/QJ art Date OBSEV11 RPOt Sheet 7o112 b7r♦�rntharrc iIsh Date zsNOVlI RUBEN CASTRO HUMAN SERVICES CENTER as Data 22SEP10 CITY of MOORPARK , � in Date 21SEP1009:05 PROJECT SCHEDULE[9/21/10] ID Descri lion Dur Start Finish - ]V__. _ .. ...._.._ __.._..__._.._. P S�.4CTNQV LQEQ.1.JAN-_]_F�B]MARjAPR_iLAA�I, IJ AUG.FSE & Building Interiors[Bldg.B] B-550 Set Toilet Accessories[B] 3i 13SEP11 15SEP11 B-548' Set Toilet Accessories[B]M I - B-554 Set Light Fixtures in T-Bar Grid[B] 5 13SEP11 19SEP11 16000.F, B-544' Set Light Fixtures in T-Bar Grid[B]ZX7 B-552 Cut Sprinkler Drops&Set Heads to Grid[B] 2 14SEP11 15SEP11 B-544• Cut Sprinkler Drops&Set Heads to Grld[B]Z --- - --- -_ _J B-556 Set HVAC Grilles in T-Bar Grid[B] 3 16SEP11 20SEP11 B-544' Set HVAC Grilles in T-Bar Grid[BJ/V B-558 Set Ceiling Panels into T-Bar Grid[B] 2 19SEP11 20SEP11 18-534.B-552,B-554,B 56 Set Set Ceiling Panels into T-Bar Grid[B],V B-560 Final Clean[B] 3 21 SEP11 23SEP11 18-536.B-538,B-540, B-542, Final Clean[B]/\-j Start-Up/Testing/Commissioning[Bldg.B] B-802 Permanent Power[B] 1 13SEP11 13SEP11 I B-554',P1-162 Permanent Power[BJV B-804 Start-Up&Test Electrical[B] 10 14SEP11 28SEP11 B-802' Start-Up&Test Electrical[13]/.�-1/ B-806 Commission Roof Top Equipment[B] I 3: 16SEP11 20SEP11 18-334,B-336,B-802,13-804'i Commission Roof Top Equipment[B]/v B-810 Final Fire Sprinkler Testing/Commissioning[B] 5 16SEP11 22SEP11 [8-552' ] Final Fire Sprinkler Testing/Commissioning[B]ff B-812 HVAC Test&Balance[B] 5 21SEP11 28SEP11 iB-528,B-556'.B-558', i HVAC Test&Balance[BW B-808 Chlorinate/Commission Plumbing[B] 5 21 SEP11 28SEP11 B-548,B-804' Chlorinate/Commission Plumbing[B]/V B-814 Start-Up&Test Fire/Life Safety[B] 10 23SEP11 070CT11 B-534,B-804,B-810',B-8121 Start-Up&Test Fire/Life Safety[B]AW B-816 Building Dept&Fire Dept.Finals[B] 5. 10OCT11 140CT11 B-808,B-814' Building Dept&Fire Dept.Finals[B]/ Punchlist&Completion[Bldg.B] B-902 Flood Test Roof[B] 1 21SEP11 21SEP11 B-336,B-806' Flood Test Roof[BN B-904 Roof Punch List&Corrections[B] I 10, 21 SEP11 050CT11 B 806' Roof Punch List&Corrections[ ]AJ B-906 Exterior Punchlist&Corrections[B] 10; 22SEP11 060CT11 i B-248,-B-908' Exterior Punchlist&Corrections B-910 Interior Punchlist&Corrections[B] 101 27SEP11 10OCT11 'B-560* Interior Punchlist&Corrections[e]Q:_V Roof Certification-Building B B-908 Roof Certification-Building B 1; 060CT11 060CT11 B-902, B-904' 9 V B-912 'SUBSTANTIAL COMPLETION[B] j 0; 140CT11 B-816',B-906,B-910, SUBSTANTIAL COMPLETION[B]# PHASE 1B- BUILDING A Building Footings and Slabs[Bldg.A] iA-002 Pad Certification[A] 2; 18-JAN 11 19JAN11 P1-114 Pad Certification[A] A-004 !Survey Building Corners[A] 1 21 JAN11 21 JAN11 !A-002,13-004- Survey Building Corners[A] A-006 Underslab MEP Utilities[A] 151 04FEB11 24FEB11 A-004,B-006' /7LVUnderslab MEP Utilities[A] A-008 Excavate&Form Starter Footings[A] 10; 18FEB11 03MAR11 'A-006',A-006 /Excavate&Form Starter Footings[A] A-010 Set Anchor Bolts&Rebar @ Starter Ftgs[A] 10; 25FEB11 10MAR11 A-008',A-008 AWSet Anchor Bolts&Rebar @ Starter Ftgs[A] A-012 Sleeving for MEPs @ Footings&Grade Beams[A] 10 25FEB11 10MAR11 A-008',A-008 /SVSleeving for MEPs @ Footings&Grade Beams[A A-014 Place Concrete @ Starter Footings[A] 5 09MAR11 15MAR11 A-010',A-010,A-012', //Place Concrete @ Starter Footings[A] A-016 Set Steel Columns/Frames @D Starter Ftgs[A] 3, 16MAR11 18MAR11 .05400.F,A-014' /VSet Steel Columns/Frames @ Starter Ftgs[A] A-018 Excavate&Form Footings/Grade Beams[A] 10 21MAR11 01APRl l A-016' Ll_/Excavate&Form Footings/Grade Beams[A] 'A-020 Set Rebar at Footings and Grade Beams[A] 101 24MAR11 06APR11 A-018',A-018 ;.` /Set Reber at Footings and Grade Beams[A] A-022 i Set Embeds&Anchor Bolts @ Ftgs/Grade Bms[A) 10 24MAR11 06APR11 A-018',A-018 ITV. Set Embeds&Anchor Bolts @ Ftgs/Grade E A-024 Place Concrete @ Footings&Grade Beams[A) 2; 06APR11 07APR11 IA-020',A-022' /VPlace Concrete @ Footings&Grade Beams A-026 Backf ill and Compact around Footings[A] 2 08APR11 11 APRl l A-024' /VBackflll and Compact around Footings[A] .'A-038 Backfill&Compact for Bldg Slab and Curbs[A] 3; 12APR11 14APR11 A-026' NBackfill&Compact for Bldg Slab and Curt Form Building [A] 4I 19APRl l 22APR11 A-038,B-040' NForm Building Slab[A]A 040 art Date OBSEPIO RP01 Sheet 8 of 12 i1sh Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER ��� Date 22SEP in Date 21SEP1009:05 CITY of )RPARK B��w g( ty ,n PROJECT SG. jULE[9/21/10] ID Description Dur Start Finish - — '� 7V .. �U]1.. ...-t -._._.......... .. ......... _.. ... OCT NOV:DEC: JAN I FEB MAR-LAPEI-_.M.AY I.-JUNj�1 \UG;SF, OCT, h Building Footin, d Slabs[Bldg.A] A-042 Place Base,Sand,VB,for Slab&Curbs[A] 3 21APR11 25APRl l !A-040',A-040' F lace Base,Sand,VB,for Slab&Curbs[A]/\/ A-044 Set Rebar for Slab and Curbs[A] 3 25APR11 27APR11 i A-042' l\/Set Rebar for Slab and Curbs[A] A-046 Diamond Block Outs @ Column Embeds[A] 2 27APR11 28APR11 A-044',A-044 1 lamond Block Outs @ Column Embeds[AJ}j A-048 Form Misc Curbs/St Walls/Depressd Slabs(A] 2 27APR11 28APRl 1 A-046' : Fo m Misc Curbs/St Walls/Depressd Slabs[A],V A-050 Place Concrete for Slab&Curbs[A] 2. 29APR11 02MAY11 A-048',B-050 /VPlace Concrete for Slab&Curbs[A] A-052 Sawcut Slab Control Joints(A] 1 03MAY11 03MAY11 A-050' VSawcut Slab Control Joints[A] A-054 Place Concrete @ Diamond Infills[A] 1 23MAY11 23MAY11 A-102,A-108' Place Concrete @Diamond Infills[A]}�' Building Structure[Bldg.A] i A-102 Erect Struct Steel Columns/Beams/Canopy[A] 5. 04MAY11 10MAY11 1054001,A-050,B-102' E ct Struct Steel Columns/Beams/Canopy[A]ff A-104 Misc Struct Steel for Roof Penetrations[A] 51 04MAY11 10MAY11 :05500.F.A-102%A-102' Misc Struct Steel for Roof Penetrations[A]AW --- ---.. -- - -- - - - --... _ .. A-106 Roof Perimeter Edge Form Bent Plate[A] 5� 04MAY11 10MAY11 05500.F,A-102',A-102' Roof Perimeter Edge Form Bent Plate[A]AW A-108 Metal Roof Deck[A] 8 11 MAY11 20MAY11 !05300.F,A-104`,A-106', AWMetal Roof Deck[A] A-110 Metal Deck @ Canopies(A] 3! 23MAY11 1 25MAY11 05300.F,A-106,A-1 08' /Metal Deck @Canopies[A] Building Shell&Exterior Walls[Bldg.A] A-202 Steel Stud Frame Exterior Walls[A] 8i 23MAY11 02JUN11 A-052,A-054,A-106,A-108' Steel Stud Frame Exterior,Walls[A]AW A-204 Misc Metal Brackets @ Gates/Canopy/Benches[A] 4 27MAY11 02JUN11 A-202%A-202' h isc Metal Brackets @ Gates/Canopy/Benches[A)ff A-206 Rough MEP at Exterior Walls(A) 4i 31 MAY11 03JUN11 A-202' Aff Rough MEP at Exterior Walls[A: A-208 Exterior Sheathing[A] 41 01JUN11 06JUN11 !A-202',A-204',A-204, I /Exterior Sheathing[A] A-210 Vapor Barrier for Masonry Veneer[A] 2 06JUN11 07JUN11 Vapor Barrier for Masonry Veneer[AIR A-212 Flashing/Waterstop @ Window/Door Openings[A] 3 06JUN11 08JUN11 IA-208* A-210',A-210 Flashing/Waterstop @ Window/Door Openings[AIM A-214 Masonry Veneer and Capstone[A] 121 08JUN11 23JUN11 A-212- Masonry Veneer and Capstone[A]AW A-216 Lath&Extruded Aluminum Sections[A] ! 51 23JUN11 29JUN11 A-214' Lath&Extruded Aluminum Sections[A]ff IA-218 Scratch Coat[A] 2 30JUN11 01JUL11 1A-216' ZScratch Coat[A] A-220 Brown Coat(A] 21 07JUL11 08JUL11 A-218' ZBrown Coat[A] A-222 Brown Coat"Cure"Prior to Finish Coat[A] 7 08JUL11 14JUL11 A-220' Brown Coat"Cure"Prior to Finish Coat[A]/\] A-224 Decorative Cornice[A] 3 11JUL11 13JUL11 A-220' I NDecorative Cornice[A] IA-226 Finish Coat[A] 2 20JUL11 21JUL11 ;A-222,A-224' ZFinish Coat[A] A-228 Finish"Cure"Prior to Exterior Painting[A] 14 21 JUL11 03AUG11 A-226' Finish"Cure"Prior to Exterior Painting[A]ZN/ A-230 Paint Exterior Walls[A] 3: 04AUG11 08AUG11 A-226,A-228' Paint Exterior Walls[A]m A-242 Storefront Doors and Windows[A] 81 08AUG11 17AUG11 .08411.F,A-230` Storefront Doors and Windows[A]/N\,/ -- A-244 Aluminum Windows(A] 81 08AUG11 17AUG11 08520.F.A-230- Aluminum Windows[A]�1J A-234 Exterior Light Fixtures[A] 3 09AUG11 11 AUG11 j A-230' Exterior Light Fixtures[AW �A-236 Set Overflow Scupper Trim Rings[A] 3; 09AUG11 t 1 AUG11 A-230' Set Overflow Scupper Trim Rings[A]/\,j !A-238 Caulk Reveals[A] 3 09AUG11 11AUG11 ;A-230- MCaulk Reveals[A] A-240 Install Benches,Eyebrows,Canopies[A] 5' 09AUG11 i 15AUG11 A-230- Install Benches,Eyebrows,Canopies[A]67 A-245 Aluminum Sunshades[A] 8j j 18AUG11 29AU 06 G11 100.F,A-244' j Aluminum Sunshades[A A-246 Clean Exterior Surfaces[A] 2 30AUG11 31 AUG11 A-234,A-236,A-238,A-240,: Clean Exterior Surfaces[A]� L - - I -- A-248 Install Graffiti Resistant Coating[A] 2! 01SEP11 02SEP11 A-246- Install Graffiti Resistant Coating[A)j/ art Date 08SEP10 RP01 Sheet 9 of 12 Ash Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER barn harwz ita Date 22SEP0 CITY of MOORPARK in Date 21SEP1009:05 Bout Beatty PROJECT SCHEDULE[9/21/10] ' ID Description Dur Start Finish -_T��+ - -- iy�� -- S ;OCT,NOV.,DEC.., JAN]FEB MAR J AP[�MAY[JUN:.JUI,-,AUG SEP OCT Building Roof[Bldg.A] ;A-302 Define MEP Penetrations @ Metal Deck[A] 1 17MAY11 17MAY11 A-108' Define MEP Penetrations @ Metal Deck[A]V A-316 Install Recessed Gutter @ High Roof[A] 2 23MAY11 24MAY11 A-108',A-302 Install Recessed Gutter @ High Roof[AN A-306 Install Parapet Wall Sheathing[A] 3 23MAY11 25MAY11 A-108' Ninstall Parapet Wall Sheathing[A] A-308 Wood Nailers for Flashing[A] 3 23MAY11 25MAY11 A-108' /VWood Nallers for Flashing[A] A-310 Roof Curbs-HVAC,Hatch,Etc.[A] 5 23MAY11 27MAY11 A-108' /\/Roof Curbs-HVAC,Hatch,Etc.[A A-312 Set Roof Drains&Related Piping[A] 51 23MAY11 27MAY11 A-108',A-302 Set Roof Drains&Related Piping[A]Q7 A-314 i MEP Stub Ups thru Roof[A] 51 23MAY11 i 27MAY11 A-108' NMEP Stub Ups thru Roof[A] A-309 Wood Nailers @Canopies[A] 3• 26MAY11 31 MAY11 A-110',A-308' /\/Wood Nallers @ Canopies[A] - --- - A-318 Install MEP Penetration Lead Flashings[A] 2; 31 MAY11 01JUN11 A-314' Install MEP Penetration Lead Flashings[A]/ A-322 Install Roof Rigid Insulation(A] j 5 31 MAY11 06JUN11 A-306,A-308,A-310', /Install Roof Rigid Insulation[A] A-323 Install Roof Insulation @ Canopies[A] 3 01JUN11 03JUN11 A-309' Install Roof Insulation @ Canopies[A]27 A-324 Install PVC Roofing Membrane(A] 1 5 07JUN11 13JUN11 !A-318,A-322' Install PVC Roofing Membrane[AW A-325 Install Roofing @ Canopies[A] 3 10JUN11 14JUN11 IA-323,A-324' /Vinstall Roofing @ Canopies[A A-326 Set Roof Tap Units[A] 1 14JUN11 14JUN11 !15800.F,A-324' Set Roof Top Units[A] A-328 Install Roof Traffic Pads[A] 2 14JUN11 15JUN11 A-324' InStell Roof Traffic Pads[A] _. . A-332 Sheet Metal Flashing&Coping[A] 10! 14JUN11 27JUN11 A-324' Sheet Metal Flashing&Coping[AIZW A-334 MEP Final Connections to Rooftop Equipment(A] 1 10, 15JUN11 28JUN11 iA-326' MEP Final Connections to Rooftop Equipment[A]Zla:/ A-333 Sheet Metal Flashing @ Canopies(A] 3 28JUN11 30JUN11 IA-325,A-332' Sheet Metal Flashing @ Canopies[A]N A-336 Clean Roof[A] 1 01JUL11 01JUL11 IA-324,A-328,A-332,A-333' /VClean Roof[A] Building Interiors[Bldg.A] A-502 Layout Interior Walls[AJ 2 23MAY11 24MAY11 A-108' EZLayout Interior Walls[A] 1- -- -- - -- ----- A-504 Rough Plumbing(A] 1 20. 25MAY11 22JUN11 A-108,A-1 10,A-502' 7Rough Plumbing[A] A-506 Rough Fire Sprinklers[A] 20. 25MAY11 I 22JUN11 15300.F,A-108,A-110, Z3=VRough Fire Sprinklers[A] A-508 Rough HVAC[A] 20 27MAY11 ! 24JUN11 A-108,A-110,A-502,A-504' 22 Rough HVAC[A] A-510 Steel Stud Frame Interior Walls[A] 151 03JUN11 23JUN11 08100.F,A-054,A-108, Steel Stud Frame Interior Walls[A]ZW A-514 Rough Electrical[A] 20' 17JUN11 15JUL11 A-510',A-512 URough Electrical[A] A-516 Fire Alarm Conduit&Wire[A] 20: 23JUN11 21JUL11 16500.F.A-510',A-514 Fire Alarm Conduit&Wire(AV=_,- A-512 Frame Hard Lid Ceilings/Soffits[A] 10i 24JUN11 08JUL11 IA-506,A-508,A-510' Frame Hard Lid Ceilings/Soffits[A]/��/ A-518 Electrical Panels&Equipment[A] 10 27JUN11 11JUL11 i 16000.F',A-510,A-514 Electrical Panels&Equipment[A]z�SW A-520 One Side Drywall[A] 5. 20JULl1 26JUL11 1A-216,A-324,A-504,A-512, LVOne Side Drywall[A] A-522 Insulation[A] 3 26JULl 1 28JUL11 A-520' EInsulation[A] T A-524 Second Side Drywall[A] 28JUL11 03AUG11 A-518,A-522' Second Side Drywall CAIZV A-526 Tape and Texture Drywall[A] 101 04AUG11 17AUG11 'A 524' Tape and Texture Drywall[A]z�W A-528 Doors&Door Hardware[A] 5i 18AUG11 24AUG11 08100.F,A-526* Doors&Door Hardware[A]QV A-530 Paint[A] 8i 18AUG11 29AUG11 'A-242',A-244',A-526', Paint[A] A-532 Ceramic&Quarry Tile[A] 10. 22AUG11 02SEP11 A-526,A-530' Ceramic&Quarry Tile[AM A-534 Fire Alarm Devices[A] 5; 30AUG11 05SEPl 1 !A-512,A-516,A-530' Fire Alarm Devices[AkV A-536 Resilient Flooring&Base[A] 5; 30AUG11 05SEP11 A-530' Resilient Flooring&Base[AIZV A-538 Vinyl&Tackable Wall Covering[A] 5 30AUG11 05SEP11 A-530' Vinyl&Tackable Wall Covering[A]/.V art Date OOSE RP01 Sheet 10 of 12 barn har wt lIsh Date z9NOV11 Vtt RUBEN CASTRO HUMAN SERVICES CENTER rta Date zzsEPto CITY of 7RPARK I!��� B� in Date 21SEP1009:05 PROJECT SL )ULE[9/21/10] ` , - —..LUlll... .. _.. ;491_1__. ID Description p � Dur : Start Finish � �---- __S _I OCT I_N9v.DEC I JAN-.CEEB I MAR I APRTMAY I JUN I Jl' 'UO.i.SEP L.9CT i � Building inferior dg.A] �...-/J nl � A-542 Casework[A] 5 30AUG11 05SEP11 A-530' zS/Casework[A; A-544 T-Bar Grid[A) 81 30AUG11 08SEPI I A-530' I /A/T-Bar Grid[I A-546 Set Lav Counters[A] 2 05SEP11 06SEP11 A-532- Set Lav Counters[Ally( A-548 Set Plumbing Fixtures[A] 5i 05SEP11 09SEP11 A-532',A-546 Set Plumbing Fixtures[A](V A-552 Cut Sprinkler Drops&Set Heads to Grid[A] 21 07SEP11 08SEP11 A-544' Cut Sprinkler Drops&Set Heads to Grid[AO A-554 'Set Light Fixtures in T-Bar Grid[A] 51 07SEP11 13SEP11 16000.F,A-544' I Set Light Fixtures In T-Bar Grid[A]Q/ A-556 Set HVAC Grilles in T-Bar Grid[A] 3 09SEPI I 13SEPl 1 FA-544' Set HVAC Grilles in T-Bar Grid[AIA-/ A-558 Set Ceiling Panels into T-Bar Grid[A] 2 12SEP11 13SEP11 IA-534,A-552,A-554', Set Ceiling Panels Into T-Bar Grid[A0 Set Toilet Partitions/Accessories A A-550 Set Toilet Part itions/Accessories[A] 3 12SEP11 14SEP11 .A-548' [ 1[u A-560 Final Clean[A] 3 15SEP11 19SEP11 'A-530,A-536,A-538,A-542, Final Clean[A]/V Start-Up/Testing/Commissioning[Bldg.A] A-802 Permanent Power[A] 1 06SEP1 1 06SEP11 i A-554' }� , P1-162 Permanent Power[A] A-804 Start-Up&Test Electrical[A] 10' 07SEP11 20SEP11 A-802' Start-Up&Test Electrical[A]/ J A-806 Commission Roof Top Equipment[A) 31 09SEPI I 13SEP11 A-334,A-336,A-802,A-804' Commission Roof Top Equipment[A)1%7 A-810 Final Fire Sprinkler Testing/Commissioning[A] L 5' 09SEP11 15SEP11 A-552' Final Fire Sprinkler Testing/Commissioning[A]/V A-812 HVAC Test&Balance[A] 5 14SEP11 20SEP11 A-528,A-556',A-558', HVAC Test&Balance[A]/V A-808 Chlorinate/Commission Plumbing[A] 5 14SEP11 20SEP11 'A-548,A-804' Chlorinate/Commission Plumbing[AW A-814 Start-Up&Test Fire/Life Safety[A] 101 16SEP11 30SEPl 1 A-534,A-804,A-810',A-812 Start-Up&Test Fire/Life Safety[A]/W A-816 Building Dept&Fire Dept.Finals[A] 5: 030CT11 670CT11 A-808,A-814' Building Dept&Fire Dept.Finals[AIN Punchlist&Completion[Bldg.A] A-902 Flood Test Roof[A] 1 14SEP11 I. 14SEP11 A-336,A-806' Flood Test Roof[A]g A-904 Roof Punch List&Corrections[A] 10 14SEP11 28SEP11 A-806' Roof Punch List&Corrections[A] 5,7 A-906 Exterior Punchlist&Corrections[A) 10i 15SEP11 29SEP11 A-248,A-908' Exterior Punchlist&Corrections[A]/W — Interior Punchlist&Corrections A A-910 Interior Punchlist&Corrections(A] 10, 20SEP11 040CT11 A-560' [ ] 7V A-908 Roof Certification-Building B 1 29SEP11 29SEP11 A-902,A-904' Roof Certification-Building BX] _. 2, A-912 SUBSTANTIAL COMPLETION[A] 0 070CT11 A-816'.A-906,A-910 SUBSTANTIAL COMPLETION[A]# PHASE 2-SITE Site Development[Phase 2] P2-002 Catholic Charities Moves into New Building B 2 170CT11 18OCT11 A-912,B-912' Catholic Charities Moves Into New Building B P2-004 Safe&Cap Utilities to Portable[Phase 2] 2 190CT11 20OCT11 P2-002', PT-402 Safe&Cap Utilities to Portable[Phase 2]j P2-006 Catholic Charities Removes Portables[Phase 2] 3; 21 OCT11 250CT11 P2-004', PT-404 Catholic Charities Removes Portables[Phase 2]/ P2-008 Demo AC Paving[Phase 2] 31 260CT11 I 280CT11 P2-006' Demo AC Paving[Phase 21j P2-010 Over-Ex&Recompact for Parking[Phase 2] 4 31 OCT11 03NOV11 P2-008' Over-Ex&Recompact for Parking[Phase 21 P2-012 Miscellaneous Curb&Gutter[Phase 21 5 04NOV11 10NOV11 P2-010' Miscellaneous Curb&Gutter[Phase 2]AF P2-014 Base&Pave[Phase 2] 1 14NOV11 14NOV11 P2-012' Base&Pave[Phase 2]j P2-016 Cap All AC[Phase 1 &Phase 2 Work) 2 15NOV11 16NOV11 P2-014' Cap All AC[Phase 1 &Phase 2 Work]j P2-018 Pavement Striping[Phase 2] 1 17NOV11 17NOV11 'P2-016* Pavement Striping[Phase 2]; P2-020 Final Clean Parking Areas[Phase 2] 1 18NOV11 18NOV11 P2-018' Final Clean Parking Areas[Phase 21; P2-022 Site Punchlist&Corrections[Phase 2] 5 21NOV11 29NOV11 1P2-020' Site Punchlist&Corrections[Phase 2] art Date 08SEP10 RP01 Street/1 of 12 i 11sh Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER b�I"'1'1 ha ita Date 22SEP10 CITY of MOORPARK in Date 21SEP10 09:05 g�Q� B PROJECT SCHEDULE[9/21/10] , ID Description Dur Start Finish - 1% - — P I OCT _NOYIBMCL�N.TFF�LMA.R .APR. II�AYI�L S![�]_J�IL-glL�,,_SE�.00T: CLOSE OUT Close Out CO-002 Warranties[Close Out] 20 14SEP11 ! 120CT11 A-802,B-802' Warranties[Close Out] J CO-004 Turn Over Manuals[Close Out] 20 14SEP11 120CT11 A-802,13-802' Turn Over Manuals[Close Out][ CO-006 Record Drawings[Close Out] 20L 14SEP11 120CT11 A-802,B-802' Record Drawings[Close Out] ] art Date 08SEP10 RP01 Sheet 12 of 12' b,arm%n hm� iIsh Date 29NOV11 RUBEN CASTRO HUMAN SERVICES CENTER as Dace 22SEP10 CITY of 1RPARK B�� Bt in Date 21SEP1009:05 PROJECT SC. ,ULE[9/21/10] �+! Document 00200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION (To be executed by Bidder and submitted with Bid) BID PACKAGE # Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. am aware of the provisions of section 3700 of the Labor Code which require 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. Company Name Signature Title (in accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Ruben Castro Human Services Center 00200 Cont. Cert. Regarding Worker's Comp. City of Moorpark Page 1 of 1 DOCUMENT 00240 STATEMENT OF BIDDER'S QUALIFICATIONS (To be executed by Bidder and submitted with Bid) 1 Bidder's Organization 1.1 Form of entity of Bidder, Le, corporation, partnership, etc. 1.1.1 If a corporation, state the following: State of Incorporation: Date of Incorporation: President/Chief Executive Officer Secretary Treasure/Chief Financial Officer 1.1.2 If a partnership, state the following: Date of Organization Type of Partnership (general, limited) Names of all general partners; if any of the general partners are not natural persons, provide the information for each such general partner requested by Paragraphs 1.1.1, 1.1.2 and 1.1.4 as appropriate: 1.1.3 If a proprietorship, state the following: Names of all proprietors: 1.1.4 If a joint venture, state the following: Date of organization: Name of all Joint Venture members. For each Joint Venture member, identify the form of entity and provide the information requested by Paragraphs 1.1.1, 1.1.2 and 1.1.3 for each Joint Venture member as Appropriate: 1.1.5 If Bidder's form of entity is other than listed above, describe the type of entity or organization and identify all principals or owners of equity in the entity or organization Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 1 of 8 1.2 Number of years your organization has been in business as a contractor: 1.3 Number of years your organization has conducted business under its present name: 1.3.1 If your organization has conducted business under a name or name style different than your organization's present name, identify all prior name(s) or name style(s): 1.3.2 For each name or name style identified in Paragraph 1.3.1, state the dates during which you conducted business under each name or style: 2 Financial 2.1 Attach a current audited, reviewed or compiled Financial Statement for your organization prepared by a Certified Public Accountant licensed under the laws of the State of California utilizing generally accepted accounting practices applied in a consistent manner. The Financial Statement must include a current balance sheet and income statement showing: (i) current assets (i.e., cash, accounts receivable, accrued income, deposits, material inventory, etc.); (ii) net fixed assets; (iii) other assets; (iv) current liabilities (i.e., accounts payable, accrued salaries, accrued payroll taxes, etc.); and (v) other liabilities (i.e., capital, capital stock, earned surplus, retained earnings, etc.). 2.2 Is the attached Financial Statement for the identical organization as the Bidder? Yes No. If not, explain the relationship and financial responsibility of the organization whose Financial Statement is provided (i.e., parent/subsidiary, etc.). 3 Licensing 3.1 California Contractors License: License Number: Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 2 of 8 Expiration Date: Responsible Managing Employee/Officer License Classification(s): 3.2 Has a claim or other demand ever been made against your organization's California Contractors License Bond? Yes No If yes, on a separate attachment, state the following: (i) the name, address and telephone number of each person or entity making claim or demand; (ii) the date of each claim or demand; (iii) the circumstances giving rise to each such claim or demand; and (iv) the disposition of each such claim or demand. 3.3 Has a complaint ever been filed against your organization's California Contractors License with the California Contractors State License Board? Yes No If yes, on a separate attachment, state the following for each complaint: (i) the name, address and telephone number of each person or entity making the complaint; (ii) the date of each complaint; (iii) the circumstances giving rise to each such complaint; and (iv) the disposition of each such complaint, including without limitation, any disciplinary or other action imposed or taken by the California Contractors State License Board as a result of any such complaint. 3.4Attach to this Statement true and correct copies of the following: 3.4.1 Your organization's California Contractors License (the copy must clearly and legibly show: (i) the licensee name; (ii) the expiration date; (iii) the classification(s) of licensure). 3.4.2 The Contractors License Bond posted by your organization in connection with your California Contractors License pursuant to California Business & Professions Code §§7071.5 and 7071.6. 3.4.3 If your organization's California Contractors License is issued by virtue of the qualification of a responsible managing employee or responsible managing officer, the Qualifiers Bond if required pursuant to California Business & Professions Code §7071.9. 4 Experience 4.1 List the categories of work your organization typically performs with your own forces: Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 3 of 8 4.2Claims and lawsuits (if you answer yes to any of the following, you must attach details). 4.2.1 Have any lawsuits or other administrative, legal, arbitration or other proceedings, ever been brought or commenced against your organization or any of its principals, officers or equity owners in connection with any construction contract or construction project? Yes No If so, describe the circumstances on a separate attachment, the amount demanded or other relief demand and the disposition of each such lawsuit or other proceeding. 4.2.2 Has your organization ever filed a lawsuit or commenced other administrative, legal or other proceedings in connection with any construction contract or construction project? Yes No If so, describe the circumstances on a separate attachment, the amount demanded or other relief demand and the disposition of each such lawsuit or other proceeding. 4.2.3 Are there any judgements, orders, decrees or arbitration awards pending, outstanding against your organization or any of the officers, directors, employees or principals of your organization? Yes No If so, on a separate attachment, describe each such judgement, order, decree or arbitration award and the present status of the satisfaction or discharge thereof. 4.3On a separate attachment, list all construction projects your organization has in progress and for each project listed, state: (i) a general description of the work performed by your organization on the project; (ii) the dollar value of the work performed or to be performed by your organization; (iii) the owner's name, name of the owner's representative and the address and telephone number of the owner and the owner's representative; (iv) the project architect's name, address, telephone number and contact person; (v) percent presently complete; and (vi) the current scheduled completion date. 4.4On a separate attachment, list all construction projects completed by your organization in the past five (5) years and for each project identified, state: (i) a general description of the work performed by your organization on the project; (ii) the dollar value of the work performed or to be performed by your organization; (iii) the owner's name, name of the owner's representative and the address and telephone number of the owner and the owner's representative; (iv) the project architect's name, address, telephone number and contact person; (v) percent presently complete; and (vi) the current scheduled completion date. Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 4 of 8 4.51-ist and describe fully at least three public contracts performed by your firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. By submitting this (bid) proposal, bidder authorizes the City to contact each of the references listed for additional information regarding bidder's qualifications. City may also call additional references. This submission must also contain the project name and location, owner's name and contact information, architect name and contact information, project size, supervisor and/or key personnel responsible for each of the qualifying projects. * Change Order amount and final Contract amount must be completed for each reference. Reference No. 1 Customer Name Contact Individual Phone No Address Contract Amount Year Completed • Change Order Amount • Total Final Contract Description of work done Reference No. 2 Customer Name Contact Individual Phone No Address Contract Amount Year Completed * Change Order Amount * Total Final Contract Description of work done Reference No. 3 Customer Name Contact Individual Phone No Address Contract Amount Year Completed • Change Order Amount • Total Final Contract Description of work done USE ADDITIONAL PAGES IF NECESSARY Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 5 of 8 4.6 Has your organization ever refused to sign a contract awarded to it? _Yes No If so, on a separate attachment, state the following: (i) describe each such contract; (ii) the owner's name, address, telephone number and contact person; and (iii) the circumstances of your refusal to sign such contract. 4.7 Has your organization ever failed to complete a construction contract? _Yes No If so, on a separate attachment, state the following: (i) describe each such contract; (ii) the owner's name, address, telephone number and contact person; and (iii) the circumstances of your failure to complete such contract. 4.8 Has your organization ever been declared in default of a construction contract? _Yes_No If so, on a separate attachment, state the following: (i) describe each such contract; (ii) the owner's name, address, telephone number and contact person; and (iii) the circumstances of each such declaration of default. 4.9 Has any construction contract to which your organization is a party been terminated for the convenience of the project owner? Yes No If so, identify the project and project owner along with a description of the circumstances under which the convenience termination occurred. 5 References (Include name, contact person, telephone/FAX and address for each reference provided) 5.1 Trade References (three (3) minimum) 5.2 Bank References Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 6 of 8 5.3 Public Works Inspectors of Record 5.4Owner references (three (3) minimum, preferably Public works projects of equal or greater value) 5.5 Insurance Carriers (General Liability, Auto, and Workers' Compensation) 5.6 Surety Firms (issuing your Bid, Performance and Payment Bonds) 6 Accuracy and Authority The undersigned is duly authorized to execute this Statement of Bidders Qualifications under penalty of perjury on behalf of the Bidder. The undersigned warrants and represents that he/she has personal knowledge of each of the responses to this Statement of Bidder's Qualifications and/or that he/she has conducted all necessary and appropriate inquiries to determine the truth, completeness and accuracy of responses to this Statement of Bidder's Qualifications. Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 7 of 8 The undersigned declares and certifies that the responses to this Statement of Bidder's Qualifications are complete and accurate; there are no omissions of material fact or information that render any response to be false or misleading and there are no misstatements of fact in any of the responses. Executed this day of , 20 , at I declare under penalty of perjury under California law that the foregoing is true and correct. (Signature) (Typed or written name) Ruben Castro Human Services Center 00240 Statement of Bidder's Qualifications City of Moorpark Page 8 of 8 DOCUMENT 00300 BID FORM (To be executed by bidder and submitted with bid) TO: CITY OF MOORPARK, acting by and through its Governing Board, herein called the "Owner:" 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with PRIME CONTACTOR BID PACKAGE# all in strict conformity with the drawings and specifications and other contract documents, including Addenda Nos. , and , on file at the office of the Architect (HMC Architects 633 W. 5th St. LA CA 90071) of said Owner for the sum of: SITE IMPROVEMENTS SUBTOTAL BID: $ (Amount in Numbers) (Amount in Words) BUILDING "A" SUBTOTAL BID: $ (Amount in Numbers) (Amount in Words) BUILDING "B" SUBTOTAL BID: $ (Amount in Numbers) (Amount in Words) TOTAL BID: $ (Amount in Numbers) (Amount in Words) Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 1 of 3 Said sum includes all applicable taxes and costs. 2. It is understood that the Owner reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. By signing this bid form, bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders 4. The required bid bond (Form 00300) or bid security is attached hereto. 5. Drug Free Workplace (Form 00417) is attached hereto. 6. Designation of Subcontractors (Form 00430) is attached hereto. 7. Non-collusion affidavit (Form 00480) is attached hereto. 8. Compliance with Environmental, Health and Safety Standards (Form 00490) is attached hereto. 9. Contractors Certificate Regarding Worker's Compensation (Form 00200) is attached hereto. 10. Statement of Bidder's Qualifications (Form 00240) is attached hereto. 11. It is understood and agreed that bidder shall provide the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of bid opening or bidder's bid may be rejected as non-responsive. 12. It is understood and agreed that if written notice of the acceptance of this bid is mailed, faxed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted. The undersigned will also furnish and deliver to the Owner the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award. The work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's Notice to the Contractor to Proceed, and shall be completed by the Contractor in the time specified in the contract documents. Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 2 of 3 13. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below: 14. The names of all persons interested in the foregoing proposal as principals are as follows: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if bidder or other interested person is an individual, state first and last names in full.) 15. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors, License No. Expiration Date , class of license License No. Expiration Date class of license I, the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this day of at County, California. Proper Name of Bidder By Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his signature shall be placed above. Business Address: Place of Residence: Telephone: ( ) END OF BID FORM DOCUMENT Ruben Castro Human Services Center 00300 Bid Form City of Moorpark Page 3 of 3 DOCUMENT 00410 BID BOND (To be executed by Bidder and submitted with Bid) KNOW ALL MEN BY THESE PRESENTS: that we , as Principal, and , Surety, Are held and firmly bound unto the CITY OF MOORPARK, hereinafter called the CITY, in the sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said CITY for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated , 2010, for: RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within five (5) working days after the award of the contract, enter into a written contract with the CITY, in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 1 of 3 BID BOND continued IN WITNESS WHEREOF, the parties have executed this instrument under their several seals this day of , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly assigned by the undersigned representative, pursuant to authority of its governing party. (Corporate Seal) Principal By Title (Corporate Seal) Surety By Attorney in Fact (Attach Attorney in Fact Certificate) Title Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 2 of 3 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Ruben Castro Human Services Center 00410 Bid Bond City of Moorpark Page 3 of 3 DOCUMENT 00417 DRUG-FREE WORKPLACE CERTIFICATION I, , am the of (Print Name) (Title) (Contractor Name) declare, state and certify to all of the following: 1. 1 am aware of the provisions and requirements of California Government Code §§ 8350 et seq., the Drug Free Workplace Act of 1990. 2. 1 am authorized to certify, and do certify, on behalf of Contractor that a drug free workplace will be provided by Contractor by doing all of the following: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in Contractor's workplace and specifying actions which will be taken against employees for violation of the prohibition, B. Establishing a drug-free awareness program to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. Contractor's policy of maintaining a drug-free workplace; iii. The availability of drug counseling, rehabilitation and employee- assistance programs; iv. The penalties that may be imposed upon employees for drug abuse violations; C. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by subdivision(A), above, and that as a condition of employment by Contractor in connection with the Work of the Contract, the employee agrees to abide by the terms of the statement. 3. Contractor agrees to fulfill and discharge all of Contractor's obligations under the terms and requirements of California Government Code §8355 by, inter alia, publishing a statement notifying employees concerning: (a) the prohibition of any controlled substance in the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the Work of the Contract be given a copy of the statement required by California Government Code §8355(a) and requiring that the employee agree to abide by the terms of that statement. Ruben Castro Human Service Center 00417 Drug-free Workplace Certification City of Moorpark Page 1 of 2 4. Contractor and I understand that if the City determines that Contractor has either: (a) made a false certification herein, or(b)violated this certification by failing to carry out and to implement the requirements of California Government Code §8355, the Contract awarded herein is subject to termination, suspension of payments, or both. Contractor and I further understand that, should Contractor violate the terms of the Drug-Free Workplace Act of 1990, Contractor may be subject to debarment in accordance with the provisions of California Government Code §§8350, et seg. 5. Contractor and I acknowledge that Contractor and I are aware of the provisions of California Government Code§§8350, et seg. and hereby certify that Contractor and I will adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-Free Workplace Act of 1990. 1 declare under penalty of perjury under the laws of the State of California that all of the foregoing is true and correct. Executed at (City & State). this day of , 20 (Signature) (Handwritten or Typed Name) Ruben Castro Human Service Center 00417 Drug-free Workplace Certification City of Moorpark Page 2 of 2 DOCUMENT 00430 DESIGNATION OF SUBCONTRACTORS (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE# In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total bid and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. ..o prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity. In addition to providing the information required by this form prior to the bid opening, bidder shall be required to submit the addresses, telephone numbers, and license numbers of all listed subcontractors within one business day of the bid opening. Failure to provide the foregoing information within the time limit specified may result in the rejection of the bid as nonresponsive. Ruben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 1 of 2 % Of Subcontractor Type of Work Total Bid Business Location Not more than 50% of work shall be performed by Subcontractors (Greenbook Section 2-3.2) Total Percentage of Work by Subcontractors Proper Name of Bidder: By: uben Castro Human Services Center 00430 Designation of Subcontractors City of Moorpark Page 2 of 2 DOCUMENT 00480 NONCOLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) RUBEN CASTRO HUMAN SERVICES CENTER BID PACKAGE # State of California ) ss. County of ) I, , being first duly sworn, deposes and says that he or she is of the parry making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 2010 at California. Signature of Bidder Ruben Castro Human Services Center 00480 Noncollusion Affidavit City of Moorpark Page 1 of 1 Document 00490 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 Agency issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, Agency may give notice of default to Contractor, and at the Agency's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: Title Date Ruben Castro Human Services Center 00490 COMPLIANCE WITH City of Moorpark ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS Page 1 of 1 SECTION 0500 IS THE AGREEMENT DOCUMENTS AND HAS BEEN REMOVED FROM THIS EXHIBIT SO AS NOT TO BE DUPLICITOUS Document 00600 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 "Agency", or"Obligee" in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into a Contract with the Redevelopment Agency of the City of Moorpark, California, for , and is required by said Agency to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one (1) 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, the prevailing party shall be entitled to recovery of reasonable attorney fees and costs. 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. Ruben Castro Human Services Center 00600 Bond for Faithful Performance City of Moorpark Page 1 of 3 BOND FOR FAITHFUL PERFORMANCE continued WITNESS our hands this day of , 20 Contractor By Title By Surety By: Ruben Castro Human Services Center 00600 Bond for Faithful Performance City of Moorpark Page 2 of 3 NOTARY FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 20 before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared known to be the of and the same person whose name is subscribed to the within instrument as the of said and the said duly acknowledge to me that he/she subscribed the name of thereto as surety and his/her own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid Ruben Castro Human Services Center 00600 Bond for Faithful Performance City of Moorpark Page 3 of 3 Document 00610 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 and is required by Agency to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors fails to pay for any subcontractors, materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California. This bond shall remain in full force and effect through one (1) year after the date of recordation of the Notice of Completion by the City and only with the City's written permission, however, the 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. Ruben Castro Human Services Center 00610 Bond for Material Suppliers and Laborers City of Moorpark Page 1 of 3 BOND FOR MATERIAL SUPPLIERS AND LABORERS (continued) WITNESS our hands this day of 120 Contractor By Title By Title Surety By Ruben Castro Human Services Center 00610 Bond for Material Suppliers and Laborers City of Moorpark Page 2 of 3 NOTARY FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid Ruben Castro Human Services Center 00610 Bond for Material Suppliers and Laborers City of Moorpark Page 3 of 3 DOCUMENT 00700 GENERAL CONDITIONS TABLE OF CONTENTS Article No. Page No. 1. DEFINITIONS ........................................................................................... .3 2. DRAWINGS AND SPECIFICATIONS ...................................................... .4 3. COPIES FURNISHED ...............................................................................5 4. OWNERSHIP OF DRAWINGS .................................................................5 5. DETAIL DRAWINGS AND INSTRUCTIONS ............................................ .5 6. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ...................... .6 7. PROGRESS SCHEDULE .........................................................................8 8. CONTRACT SECURITY ..........................................................................9 9. ASSIGNMENT ..........................................................................................9 10. PROHIBITED INTERESTS. .......................................................................9 11. SEPARATE CONTRACTS....................................................................... 10 12. SUBCONTRACTING ............................................................................. 10 13. CITY OF MOORPARK'S RIGHT TO TERMINATE CONTRACT. ............ 11 14. GUARANTEE .......................................................................................... 11 15. NOTICE AND SERVICE THEREOF ....................................................... 12 16. WORKERS .............................................................................................. 12 17. WAGE RATES, PAYROLL RECORDS AND DEBARMENT ................... 12 18. APPRENTICES ....................................................................................... 16 19. HOURS OF WORK. ................................................................................. 17 20. WORKERS' COMPENSATION INSURANCE ......................................... 17 21. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE. ........................................................................................... 18 22. BUILDER'S RISK/APPLICABLE INSTALLATION/FIRE INSURANCE ................................................18 23. PROOF OF CARRIAGE OF INSURANCE............................................... 18 24. INDEMNIFICATION ................................................................................ 18 25. LAWS AND REGULATIONS .................................................................. 18 26. PERMITS AND LICENSES ..................................................................... 18 27. INSPECTION FEES FOR PERMANENT UTILITIES ............................... 19 28. EASEMENTS .......................................................................................... 19 29. SURVEYS ........................................................................... ................. 19 30. EXCISE TAXES ...................................................................................... 19 31. PATENTS, ROYALTIES, AND INDEMNITIES ........................................ 19 32. MATERIALS ........................................................................................... 20 33. SUBSTITUTIONS ...................................................................................20 34. SHOP DRAWINGS .................................................................................21 35. SUBMITTALS.............................................................................22 36. CLOSEOUT SUBMITTALS .................................................................... 22 37. COST BREAKDOWN AND PERIODICAL ESTIMATES .........................22 38. PAYMENTS AND RETENTION ................................................... .23 Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 1 of 41 ArticleNo. ...........................................................................................Page No. 39. PAYMENTS WITHHELD .........................................................................25 40. CHANGES AND EXTRA WORK ............................................................ 26 41. DEDUCTIONS FOR UNCORRECTED WORK .................................28 42. PAYMENTS BY CONTRACTOR ............................................................28 43. CONTRACTOR'S SUPERVISION ..........................................................29 44. INSPECTOR'S FIELD OFFICE ...............................................................29 45. DOCUMENTS ON WORK .......................................................................29 46. RECORD ("AS-BUILT') DRAWINGS ......................................................30 47. UTILITY USAGE ......................................................................................30 48. SANITARY FACILITIES ......................................................................... 30 49. TRENCHES ...........................................................................................31 50. PROTECTION OF WORK AND PROPERTY .........................................31 51. LAYOUT AND FIELD ENGINEERING ....................................................32 52. REMOVAL OF HAZARDOUS MATERIALS.............................................32 53. CUTTING AND PATCHING ....................................................................33 54. CLEANING UP ........................................................................................33 55. CORRECTION OF WORK BEFORE FINAL PAYMENT .........................34 56. ACCESS TO WORK ................................................................................34 57. OCCUPANCY .........................................................................................34 58. CITY OF MOORPARK'S INSPECTOR ...................................................34 59. TESTS AND INSPECTIONS ...................................................................35 60. SOILS INVESTIGATION REPORT .........................................................36 61. ARCHITECT'S STATUS ....................................................................... .36 62. ARCHITECT'S DECISIONS ....................................................................37 63. PROVISIONS REQUIRED BY LAW DEEMED INSERTED ....................37 64. LABOR-EMPLOYMENT SAFETY ...........................................................37 65. NOTICE OF TAXABLE POSSESSORY INTEREST ...............................37 66. ASSIGNMENT OF ANTITRUST ACTIONS .............................................37 67. SUBSTITUTION OF SECURITY .............................................................37 68. EXCAVATIONS DEEPER THAN FOUR FEET........................................38 69. COMPLIANCE WITH STATE STORM WATER PERMIT.........................38 70. RESOLUTION OF CONSTRUCTION CLAIMS LESS THAN $375,000...39 71. RESOLUTION OF CONSTRUCTION CLAIMS EXCESS OF $375,000 ..39 72. GOVERNING LAW AND VENUE.........................................................40 73. FINGERPRINTING......................................................................40 74. COMPLIANCE WITH D.T.S.C. GUIDELINES - IMPORTED SOIL..........40 75. NO ASBESTOS ............................................................... ...........41 76. DISABLED VETERANS PARTICIPATION GOALS AND RECORD RETENTION.................................................................. ..............41 77. NOTIFICATION OF THIRD PARTY CLAIMS...........................................41 Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 2 of 41 DOCUMENT 00700 GENERAL CONDITIONS Article 1. DEFINITIONS a. The "City" and "Contractor" are those mentioned as such in the agreement. For convenience and brevity, these terms, as well as terms identifying other persons involved in the contract are treated throughout the contract documents as if they are of singular number and masculine gender. The terms "Contractor", "Trade Contractor" and "Prime Contractor" are each references to the other. These terms are used interchangeably in the course of the Project documents. b. "Subcontractor," as used herein, includes those having a direct contract with Contractor and one who furnishes material worked to a special design according to plans and specifications of this work, but does not include one who merely furnishes material not so worked. C. "Surety" is the person, firm, or corporation, admitted as a California surety that executes as surety the Contractor's Performance Bond and Payment Bond for Public Works. d. "Provide" shall include "provide complete in place," that is, "furnish and install." e. Words such as "indicated," "shown," "detailed," "noted," "scheduled," or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Architect is intended, unless stated otherwise. f. "Work" of the Contractor or subcontractor includes labor or materials or both. g. The term "day" as used herein shall mean calendar day unless otherwise specifically designated. h. Where the words "equal," "equivalent," "satisfactory," "directed," "designated," "selected," "as required," and words of similar meaning are used, the written approval, selection, satisfaction, direction, or similar action of the Architect is required. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 3 of 41 i. Where the word "required" and words of similar meaning are used, it shall mean, "as required to properly complete the work as required by the ; Contract Documents," unless stated otherwise. j. The word "perform" shall be understood to mean that the Contractor, at Contractor's expense, shall perform all operations necessary to complete the work, including furnishing of necessary labor, tools, and equipment, and further including the furnishing and installing of materials that are indicated, specified, or required to complete such performance. k. Where the words "acceptable," "acceptance," or words of similar import are used, it shall be understood that the acceptance of the Construction Manager, Architect and City of Moorpark is intended. I. Where shown, the words "includes," and "including," do not limit the work to the items following those words. M. "Construction Manager" shall refer to Barnhart Balfour Beatty, Inc. Article 2. DRAWINGS AND SPECIFICATIONS a. Contract Documents. Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intention of documents is to include all labor and materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which as applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. b. Interpretations. The Contract Documents are intended to be fully cooperative and to agree. However, if Contractor observes that any of the Contract Documents are in conflict, he shall promptly notify the Construction Manager in writing and any necessary changes shall be adjusted as provided in contract for changes in work. If such conflict arises, the following order of precedence shall generally apply, provided, however, that the order of precedence shall not be so rigidly interpreted as to affect an absurd or costly result: 1. City, County and State Permits 2. Change Orders and Directives 3. Agreement inclusive of all attachments. 4. Addenda 5. Special Conditions (Project Specifications Volume 1) 6. General Conditions (Project Specifications Volume 1) Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 4 of 41 7. Technical Specifications (Project Specifications Volume II) 8. Drawings C. In the event of a conflict between the Technical Specifications and the drawings, the higher quality, higher quantity and most stringent requirements shall be deemed to apply and shall govern as to materials, workmanship, and installation procedures. d. With regard to drawings: (1) Figures govern over scaled dimensions; (2) Larger details govern over general drawings; (3) Addenda/change order drawings govern over contract drawings; (4) Contract drawings govern over standard drawings. e. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. f. Misunderstanding of drawings and specifications shall be clarified by the Architect, whose decisions shall be final. g. Standards, Rules, and Regulations referred to are recognized printed standards and shall be considered as one and a part of these specifications within limits specified. Article 3. COPIES FURNISHED Contractor will be provided (1) complimentary set (or CD) of Contract Documents. Any additional copies required by the Contractor shall be obtained at the Contractor's expense. Article 4. OWNERSHIP OF DRAWINGS All drawings, specifications, and copies thereof furnished by City of Moorpark are its property. They are not to be used on other work and with exception of signed contract sets, are to be returned to City of Moorpark on request at completion of work. Article 5. DETAIL DRAWINGS AND INSTRUCTIONS a. In case of ambiguity, conflict, or lack of information, architect shall furnish with reasonable promptness additional instructions, by means of drawings or otherwise, necessary for proper execution of work. For purposes of this section "reasonable promptness" shall mean as soon as possible in order for Contractor to execute the work. All such drawings and instructions Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 5 of 41 shall be consistent with contract documents, and with additional instructions b. Work shall be executed in conformity therewith and Contractor shall do no work without proper drawings and instructions. Article 6. TIME FOR COMPLETION AND LIQUIDATED DAMAGES a. Project shall be commenced on or before the date stated in City of Moorpark's notice to the contractor to proceed and shall be completed by Contractor in the time specified in the Special Conditions. The City of Moorpark is under no obligation to consider early completion of the project and the contract completion date shall not be amended by the City of Moorpark's acceptance of the Contractor's proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances receive additional compensation from the City of Moorpark for indirect, general, administrative or other forms of overhead costs for the period between the time of earlier completion proposed by the Contractor and the official contract completion date. If the work is not completed in accordance with the foregoing, it is understood that the City of Moorpark will suffer damage. It being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to City of Moorpark as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Special Conditions for each calendar day of delay until work is completed and accepted. Contractor and his surety shall be liable for the amount thereof. Any money due or to become due the Contractor may be retained to cover said liquidated damages. Should such money not be sufficient to cover said liquidated damages, City of Moorpark shall have the right to recover the balance from the Contractor or his sureties, who will pay said balance forthwith. Regardless of the time lines in the schedule submitted by Contractor, no delay claims shall be accepted by City of Moorpark unless the event or occurrence delays the completion of the Project beyond the contractual completion date. b. Contractor shall abide by City of Moorpark's determination of what constitutes inclement weather based upon the inspector or geotechnical engineer's recommendation. A bad weather day is a day when the weather causes unsafe work conditions or is unsuitable for work that should not be performed during inclement weather (i.e., exterior finishes). Time extensions shall only be granted when the work that is stopped during inclement weather is on the critical path of the Project schedule. The City of Moorpark's consideration of time extension requests will take into account situations when rain days exceed the normal frequency and amount based on the closest weather station data averaged over the past three years, for the period of this contract and when Contractor can show Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 6 of 41 such rain days impact the critical path. Contractor shall be expected to perform all work he can possibly complete during inclement weather (i.e., interior work). C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor including, but not restricted to: acts of God, or of public enemy, acts of Government, acts of City of Moorpark or anyone employed by it or acts of another Contractor in performance of a contract with City of Moorpark, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes. Contractor shall within five 5 days of beginning of any such delay (unless City of Moorpark grants a further period of time prior to date of final settlement of the contract) notify City of Moorpark in writing of causes of delay; thereupon City of Moorpark shall ascertain the facts and extent of delay and grant extension of time for completing work when, in its judgment, the findings of fact justify such an extension. The City of Moorpark's findings of fact thereon shall be final and conclusive on all parties. In case of a continuing cause of delay, only one claim is necessary. Time extensions to the project should be requested by the Contractor as they occur and without delay. Regardless of the time lines in the schedule submitted by Contractor, no delay claims shall be accepted by City of Moorpark unless the event or occurrence delays the completion of the project beyond the contractual completion date. d. Determining Damages for Delay. City of Moorpark's liability to Contractor for delays for which City of Moorpark is responsible shall be limited to an extension of time for delays unless such delays were unreasonable under the circumstances involved and were not within the contemplation of the parties when the contract was awarded. Contractor agrees that the City of Moorpark's representative shall determine the actual costs to Contractor of any delay for which Contractor may claim damages from City of Moorpark. Such costs, if any, shall be directly related to the project, and shall not include costs that would be borne by the Contractor in the regular course of business, including, but not limited to, office overhead and ongoing insurance costs. The City of Moorpark shall not be liable for any damages which the Contractor could have avoided by any reasonable means including, but not limited to, the judicious handling of forces, equipment, or plant. e. Removal or Relocation of Main or Trunkline Utility Facilities. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the awarding authority of this contract or the owner of the utility to provide Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 7 of 41 for removal or relocation of the existing main or trunkline utility facilities; however, when the Contractor is aware that removal or relocation of an existing utility has not been provided for, Contractor shall promptly notify the awarding authority and the utility in writing, so that provision for such removal or relocation may be made to avoid and minimize any delay which might be caused by the failure to remove or relocate the main or trunkline utility facilities, or to provide for its removal or relocation. In accordance with section 4215 of the Government Code, if the Contractor while performing the contract discovers any existing main or trunkline utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. Such compensation shall be in accordance with the extra work provisions set out at Article 40 hereof. Article 7. PROGRESS SCHEDULE a. Within fourteen (14) days after the date of the Award of the Contract, Trade Contractor will provide a baseline progress schedule in hard copy and disk form based upon the Preliminary Master Schedule for the City of Moorpark's approval. The schedule shall clearly identify all staffing and other resources which in the Contractor's judgment are needed to complete the project within the time specified for completion. The schedule shall include milestones and shall include the "critical path" of construction. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the project; the City of Moorpark's approval of the progress schedule does not relieve the Contractor of any such responsibility. Contractor's failure to incorporate all elements of work required for the performance of the contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all work required for a completed project within the specified contract time period, notwithstanding the City of Moorpark's acceptance of the schedule. The first payment will not be made unless the City of Moorpark has been provided and has accepted the project schedule. b. The schedule shall allow enough time for inclement weather. Such schedule shall indicate graphically the beginning and completion dates of all phases of construction, and shall indicate the critical path for all critical, Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 8 of 41 sequential time related activities. All required schedules shall indicate "float time" for all "slack" or "gaps" in the non-critical activities. Submitted construction schedules shall have a duration which does not exceed the contract time. Excess time may be picked up with "float time" at the discretion of the City of Moorpark. A "bar chart" in reasonably complete detail shall be adequate in contracts over $1 million and shall show critical path items. All required schedules shall be periodically updated to reflect changes in the status of the job, including weather delays. At a minimum, the Contractor shall be required to provide and keep updated a monthly schedule in order to prevent delay claims. Article 8. CONTRACT SECURITY Unless otherwise specified in Special Conditions, Contractor shall furnish a surety bond in an amount equal to one hundred (100) percent of contract price as security for faithful performance of this contract and shall furnish a separate bond as security for payment of persons performing labor and furnishing materials in connection with this contract. The Payment Bond must be in the amount of one hundred (100) percent of the total amount payable. Both the Payment and the Performance Bonds must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest standards the City of Moorpark is legally permitted to establish. Aforesaid bonds shall be in form set forth in these contract documents. Upon request of Contractor, City of Moorpark will consider and accept multiple sureties on such bonds. Both the Payment and Performance Bonds are required to remain in full force and effect for not less than one (1) year after the date of Recording of Notice of Completion by the City of Moorpark. Article 9. ASSIGNMENT REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500. Article 10. PROHIBITED INTERESTS No official of City of Moorpark and no City of Moorpark representative who is authorized in such capacity and on behalf of City of Moorpark to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with construction of project, shall be or become directly or indirectly interested financially in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for City of Moorpark who is authorized in such capacity and on behalf of City of Moorpark to exercise any executive, supervisory or other similar functions in Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 9 of 41 connection with construction of project, shall become directly or indirectly interested financially in this contract or in any part thereof. Article 11. SEPARATE CONTRACTS City of Moorpark reserves the right to let other contracts in connection with this work or other work at the same site. Contractor shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly connect and coordinate his work with theirs. If any part of Contractor's work depends for proper execution or results upon work of any other contractor, the Contractor shall inspect and promptly report to Construction Manager any defects in such work that renders it unsuitable for such proper execution and results. His failure to inspect and report shall constitute his acceptance of other contractor's work as fit and proper for reception of his work, except as to defects which may develop in the other contractor's work after execution of contractor's work. To insure proper execution of his subsequent work, Contractor shall measure and inspect work already in place and shall at once report to the Construction Manager any discrepancy between executed work and contract documents. Contractor shall ascertain to his own satisfaction the scope of the project and nature of any other contracts that have been or may be awarded by City of Moorpark in prosecution of project to the end that Contractor may perform this contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on project. If simultaneous execution of any contract for project is likely to cause interference with performance of some other contract or contracts, City of Moorpark shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City of Moorpark shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on project, or caused by any decision or omission of City of Moorpark respecting the order of precedence in performance of contracts. Article 12. SUBCONTRACTING a. Contractor agrees to bind every subcontractor by terms of the agreement including but not limited to required insurances and indemnifications as far as such terms are applicable to subcontractor's work. If Contractor Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 10 of 41 subcontracts any part of this contract, Contractor shall be as fully responsible to City of Moorpark for the acts and omissions of his subcontractor and of persons either directly or indirectly employed by his subcontractor, as he is for acts and omissions of persons directly employed by himself. Nothing contained in these contract documents shall create any contractual relation between any subcontractor and City of Moorpark. The City of Moorpark shall be deemed to be the third party beneficiary of the contract between the contractor and the subcontractor. b. City of Moorpark's consent to or approval of any subcontractor under this contract shall not in any way relieve Contractor of his obligations under this contract and no such consent or approval shall be deemed to waive any provision of this contract. The City of Moorpark reserves the right of approval of all subcontractors proposed for use on this Project, and to this end, may require financial, performance and such additional information as is needed to secure this approval. If a Subcontractor is not approved, the Contractor shall promptly submit another of the same trade for approval. C. Substitution or addition of subcontractors shall be permitted only as authorized in chapter 4 (commencing at section 4100), part 1, division 2 of the California Public Contract Code. Article 13. CITY OF MOORPARK'S RIGHT TO TERMINATE CONTRACT REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Article 14. GUARANTEE /WARRANTY Besides guarantees required elsewhere, Contractor shall, and hereby does, guarantee all work for a period of one year after date of acceptance of work by City of Moorpark. Contractor shall repair or replace any or all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one (1) -year period from date of recordation of the Notice of Completion by the City of Moorpark without expense whatsoever to City of Moorpark, ordinary wear and tear, unusual abuse or neglect excepted. City of Moorpark will give notice of observed defects with reasonable promptness. Contractor shall notify City of Moorpark upon completion of repairs. In the event of failure of Contractor to comply with above-mentioned conditions within one week after being notified in writing, City of Moorpark is hereby authorized to proceed to have defects repaired and made good at the expense of Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 11 of 41 Contractor. Contractor hereby agrees to pay costs and charges therefore immediately on demand. If, in the opinion of the City of Moorpark, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City of Moorpark or to prevent interruption of operations of the City of Moorpark, the City of Moorpark will attempt to give the notice required by this article. If the Contractor cannot be contacted or does not comply with the City of Moorpark's request for correction within a reasonable time as determined by the City of Moorpark, the City of Moorpark may, notwithstanding the provisions of this article, proceed to make such correction or provide such attention. The costs of such correction or attention shall be charged against the Contractor. Such action by the City of Moorpark will not relieve the Contractor of the guarantees provided in this article or elsewhere in this contract. This article does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period. Contractor shall furnish City of Moorpark with all appropriate guarantee or warranty certificates upon completion of the project. Article 15. NOTICE AND SERVICE THEREOF REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Article 16. WORKERS a. Contractor shall at all times enforce strict discipline and good order among his employees. Contractor shall not employ on work any unfit person or any one not skilled in work assigned to him. b. Any person in the employ of the Contractor whom City of Moorpark may deem incompetent or unfit shall be dismissed from work and shall not again be employed on the Project except with the written consent of City of Moorpark. Article 17. WAGE RATES, PAYROLL RECORDS AND DEBARMENT a. The Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 12 of 41 "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City of Moorpark, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. b. The Contractor and each subcontractor shall forfeit as a penalty to the City of Moorpark not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. C. As a further material part of this Contract, Contractor agrees to hold harmless and indemnify the City of Moorpark, its Board and each member of the Board, its officers, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its subcontractors to comply with the prevailing wage laws of the State of California. If the City of Moorpark or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its subcontractors to pay prevailing wages, Contractor agrees that the City of Moorpark and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the City of Moorpark and the other indemnified parties as billed, in addition to all other damages, fines, penalties and losses incurred by the City of Moorpark and the other indemnified parties as a result of the action. d. Accurate payroll records shall be kept by the contractor and each subcontractor, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 13 of 41 apprentice, worker, or other employee employed by him or her in connection with the public work. e. It shall be the responsibility of Contractor to Comply with Labor Code section 1776 as it may be amended by the Legislature from time to time with respect to each payroll record. As of April, 2003, Labor Code section 1776 provides in relevant part, "(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 14 of 41 prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, Ruben Castro Human Services Center 00700 General Conditions City of Moorpark ' Page 15 of 41 he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($ 25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section." (i) A certified copy of all payroll records shall be submitted to the CONSTRUCTION MANAGER no later than the tenth (10th) day of each month for the immediately preceding month. This submission shall be a condition precedent for payment to CONTRACTOR. Failure to submit payroll records shall be grounds of withholding payment to CONTRACTOR until such submission is made. f. Debarment. The Contractor or any subcontractor working under the Contractor may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between the Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by the Contractor on the project shall be returned to the City of Moorpark. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. Article 18. APPRENTICES a. Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. The Contractor shall be knowledgeable of and comply with all California Labor Code sections including 1727, 1773.5, 1775, 1777, 1777.5, 1810, 1813, 1860, including all amendments, each of these sections is incorporated by reference into this Contract. The responsibility for compliance with these provisions for all apprentice able occupations rests with the Contractor. Knowing violations of Section 1777.5 will result in forfeiture not to exceed Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 16 of 41 $100 for each calendar day of non-compliance pursuant to Section 1777.7. Article 19. HOURS OF WORK a. As provided in Article 3 (commencing at section 1810), chapter 1, part 7, .. division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this contract upon the work or upon any part of the work contemplated by this contract is limited and restricted to eight (8) hours during any one-calendar day and forty (40) hours during any one-calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. b. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work or any part of the work contemplated by this contract. The record shall be kept open at all reasonable hours to the inspection of the City of Moorpark and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. C. The Contractor shall pay to the City of Moorpark a penalty of twenty-five dollars ($25) for each worker employed in the execution of this contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week in violation of the provisions of article 3 (commencing at section 1810), chapter 1, part 7, division 2 of the Labor Code. d. Any work necessary to be performed after regular working hours, or on Sundays or other holidays shall be performed without additional expense to City of Moorpark. Article 20. WORKERS' COMPENSATION INSURANCE REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 17 of 41 Article 21. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Article 22. BUILDER'S RISK/APPLICABLE INSTALLATIONIFIRE INSURANCE REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Article 23. PROOF OF CARRIAGE OF INSURANCE REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Article 24. INDEMNIFICATION REFERENCE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CONTRACTOR FORM 00500 Article 25. LAWS AND REGULATIONS a. Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify Construction Manager in writing and any necessary changes shall be adjusted as provided in contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Construction Manager, he shall bear all costs arising there from. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (ADA) (42 USC 12101 et seq.). Installations of equipment and other devices shall be in compliance with ADA regulations. Article 26. PERMITS AND LICENSES Permits and licenses and City Business Registration necessary for prosecution of work shall be secured and paid for by Contractor, unless otherwise specified. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 18 of 41 Article 27. INSPECTION FEES FOR PERMANENT UTILITIES All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be arranged and paid for by the Contractor. City of Moorpark shall then reimburse the Contractor for the direct cost of the fees or charges upon proper receipt of a request for reimbursement including all necessary backup documents as requested by the City from the Contractor. Article 28. EASEMENTS Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by City of Moorpark, unless otherwise specified. Article 29. SURVEYS Surveys to determine location of property lines and corners will be supplied by City of Moorpark. Surveys to determine locations of construction, grading, and site work shall be provided by Trade Contractor. Article 30. EXCISE TAXES If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to a state or local government for its exclusive use, the City of Moorpark, upon request, will execute a certificate of exemption which will certify (1) that the City of Moorpark is a political subdivision of the state for the purposes of such exemption and (2) that the sale is for the exclusive use of the City of Moorpark. No excise tax for such materials shall be included in any bid price. Article 31. PATENTS, ROYALTIES, AND INDEMNITIES The Contractor shall hold and save the City of Moorpark and its officers, officials, agents, and employees harmless from liability of any nature or kind, including cost and expense, for or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of this contract, including its use by the City of Moorpark, unless otherwise specifically stipulated in the contract documents. Article 32. MATERIALS a. Except as otherwise specifically stated in this contract, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendency, temporary constructions of every Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 19 of 41 nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this contract within specified time. b. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. C. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work and shall be stored properly and protected as required. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or work under this agreement. d. No materials, supplies, or equipment for work under this agreement shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in work and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him, to City of Moorpark free from any claims, liens, or charges. He further agrees that neither he nor any person, firm, or corporation furnishing any materials or labor for any work covered by this agreement shall have any right to lien upon premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise City of Moorpark as to owner thereof. Nothing contained in this article, however, shall defeat or impair right of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in hands of City of Moorpark, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material. Article 33. SUBSTITUTIONS In accordance with Public Contract Code Section 3400 rip for to submission of bid Contractor shall notify Owner pursuant to Section 01 60 00 of data which substantiates any request of Contractor for a substitution of an "or equal" item. Owner reserves the right to consider any one or more substitution issues prior to award of bid. OWNER MUST BE ADVISED OF ALL SUBSTITUTION ISSUES PRIOR TO AWARD OF BID. If material, process, or article offered by Contractor is not, in opinion of architect, substantially equal or better in every respect to that Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 20 of 41 specified, then Contractor shall furnish material, process, or article specified. Burden of proof as to equality of any material, process, or article shall rest with Contractor. Provision authorizing submission of "or equal" justification data shall not in any way authorize an extension of time for performance of this agreement. In event Contractor furnishes material, process, or article more expensive than that specified, difference in cost of such material, process, or article so furnished shall be borne by Contractor. Utilize and Fill Out completely Substitution Request Form supplied by the Architect. Article 34. SHOP DRAWINGS a. Contractor shall check and verify all field measurements and shall submit with such promptness as to cause no delay in his own work or in that of any other contractor, subcontractor, architect, other independent contractor or worker on the Project, six (6) copies of all shop or setting drawings, schedules, and materials list, and all other submittals in accordance with other provisions of the contract required for the work of various trades. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Construction Manager and architect. Each signed submittal shall affirm that the submittal meets all the requirements of the contract documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall advise the Construction Manager immediately, if architect has not checked and approved with reasonable promptness, such schedules and drawings for conformance with design concept of project and compliance with information given in contract documents. Contractor shall make any corrections required by architect, file with him six (6) corrected copies, and furnish such other copies as may be needed for construction. Architect's approval of such drawings or schedules also shall not relieve Contractor from responsibility for deviations from drawings or specifications unless he has in writing called architect's attention to such deviations at time of submission and has secured his written approval. Architect's approval of such drawings and schedules also shall not relieve contractor from responsibility for errors in shop drawings or schedules. For purposes of this section "reasonable promptness" shall mean such reasonable promptness as to cause no delay in the work or in the activities of the City of Moorpark, Contractor or separate contractors, while allowing sufficient time in the architect's professional judgment to permit adequate review. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 21 of 41 Article 35. SUBMITTALS a. Contractor shall furnish for approval, within fourteen (14) days following award of contract a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in specifications. Such log shall indicate whether samples will be provided as specified and in accordance with other provisions of this contract. b. Contractor will provide samples and submittals, together with catalogs and supporting data required by Construction Manager and architect within a reasonable time period so as not to cause delays on the project. C. This provision shall not authorize any extension of time for performance of this contract. Architect will check and approve such samples, only for conformance with design concept of work and for compliance with information given in contract documents. Work shall be in accordance with approved samples. Architect's action will be taken within fourteen (14) calendar days after receiving such samples and submittals. If in the architect's professional judgment fourteen days is an insufficient amount of time to permit adequate review, Architect shall, within the initial fourteen (14) day period, notify the Contractor, with a copy to the Inspector and the City of Moorpark, of the amount of time that will be required to respond. d. If the Architect's response results in a change in the project, then such change shall be effected by a written change order. Article 36. CLOSEOUT SUBMITTALS The Contractor shall be responsible for the timely delivery of the technical manuals, warranties and guarantees as required in the technical specifications. The final payment will not be made until the City of Moorpark representative has had an opportunity to review and accept the required documents. Article 37. COST BREAKDOWN AND PERIODICAL ESTIMATES a. Contractor shall furnish on forms approved by City of Moorpark: 1. Within ten (10) days of award of contract a detailed estimate giving a complete breakdown of contract price; and 2. A periodical itemized estimate of work done for the purpose of making partial payments thereon; Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 22 of 41 3. Within ten (10) days of request by City of Moorpark, a schedule of estimated monthly payments which shall be due him under the contract. b. Values employed in making up any of these schedules will be used only for determining basis of partial payments and will not be considered as fixing a basis for additions to or deductions from agreement price. No Payment of Bonds and processing of payment of applications will not take place until Schedule of Values is approved in writing by Construction Manager. Article 38. PAYMENTS AND RETENTION a. Each month as soon as practicable after receipt of approved periodical estimate for partial payment, but in order to avoid the payment of interest, in any event within thirty (30) days of receipt of such periodical estimate, there shall be paid to Contractor a sum equal to ninety percent (90%) of the value of work performed up to the last day of the previous month, less the aggregate of previous payments. Upon receipt of a payment request the City of Moorpark shall as soon as practicable determine whether the payment request is proper. If the request is determined not to be a proper payment request suitable for payment, it shall be returned to the Contractor as soon as practicable within seven days after receipt and shall be accompanied by a statement in writing as to the reasons why the payment request is not proper. Monthly payments shall be made only on the basis of monthly estimates which shall be prepared by Contractor on a form approved by City of Moorpark and filed before the fifth day of the month during which payment is to be made. Work completed as estimated shall be an estimate only and no inaccuracy or error in said estimate shall operate to release Contractor or any bondsman from damages arising from such work or from enforcing each and every provision of this contract and City of Moorpark shall have the right subsequently to correct any error made in any estimate for payment. Contractor shall not be entitled to have any payment estimates processed or be entitled to have any payment made for work performed so long as any lawful or proper direction concerning work, or any portion thereof given by the City of Moorpark, Construction Manager or architect shall remain un-complied with. b. The final payment of ten percent (10%) of the value of work done under this agreement, if unencumbered, shall be made within sixty (60) days after the date of completion of the work, provided however, that in the event of a dispute between the City of Moorpark and the Contractor, the City of Moorpark may withhold from the final payment an amount not to exceed one hundred and fifty percent (150%) of the disputed amount. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 23 of 41 Completion means any of the following as provided by Public Contract Code section 7107: 1. The occupation, beneficial use, and enjoyment of a work of improvement, excluding any operation only for testing, startup, or commissioning, by the public agency, or its agent, accompanied by cessation of labor on the work of improvement. 2. The acceptance by the public agency, or its agent, of the work of improvement. 3. For purposes of this contract, the acceptance by the City of Moorpark means acceptance made only by an action of the governing body of City of Moorpark in session. Acceptance by Contractor of said final payment shall constitute a waiver of all claims against City of Moorpark arising from this contract. 4. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 100 days or more, due to factors beyond the control of the Contractor. 5. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 30 days or more, if the public agency files for record a notice of cessation or a notice of completion. C. This contract is subject to the provisions of Public Contract Code section 7107. d. At any time after fifty percent (50%) of the work has been completed, if the City of Moorpark, by action of its governing body, finds that satisfactory progress is being made, City of Moorpark may make any of the remaining payments in full for actual work completed or may withhold any amount up to ten percent (10%) thereof as City of Moorpark may find appropriate based on the Contractor's progress. e. Whenever any part of the work is in a condition suitable for use, and the best interest of the City of Moorpark requires such use, the City of Moorpark may take possession of, connect to, open for public use, or use a part thereof. When so used, maintenance and repairs due to ordinary wear and tear or vandalism will be made at City of Moorpark's expense. The use by the City of Moorpark as contemplated in this section shall in no case be construed as constituting acceptance of the work or any part thereof. Such use shall neither relieve the Contractor of any of his responsibilities under the Contract nor act as a waiver by the City of Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 24 of 41 Moorpark of any of the conditions thereof. Contractor shall continue to maintain all insurance, on the project. f. Assuming compliance with the contract documents, Construction Manager shall issue trade contractor payments upon written approval of the City. For the purpose of administering California Public Contract Code, Section 22300 agreements, Owner and Construction Manager shall be defined as owner. ARTICLE 39. PAYMENTS WITHHELD a. In addition to amounts which City of Moorpark may retain under any and all other articles in this contract including those entitled "Payments," and "Time for Completion and Liquidated Damages," City of Moorpark may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the project under this contract. 2. Defective work not remedied. 3. Failure of Contractor to make proper payments to his subcontractor or for material or labor. 4. Completion of agreement if there exists a reasonable doubt that agreement can be completed for balance then unpaid. 5. Damage to another Contractor. 6. Amounts which may be due City of Moorpark for just claims against Contractor. 7. Failure of Contractor to keep the record ("as-built") drawings up to date. 8. Failure to provide update on construction schedule as required by Article 7 hereof. b. City of Moorpark may apply such withheld amount or amounts to payment of such claims or obligations at its discretion. In so doing, City of Moorpark shall be deemed the agent of Contractor and any payment so Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 25 of 41 made by City of Moorpark shall be considered as a payment made under contract by City of Moorpark to Contractor and City of Moorpark shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. City of Moorpark will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. Article 40. CHANGES AND EXTRA WORK a. Changes in Work. City of Moorpark, without invalidating contract, and as provided by law, may order extra work or make changes by altering, adding to, or deducting from work, the agreement sum being adjusted accordingly. All such work shall be subject to prevailing wage rates and shall be executed under the conditions of the original agreement except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. b. In giving instructions, Contractor agrees that the Construction Manager and or the architect shall have authority to make minor changes in work, not involving change in cost, and not inconsistent with the purposes or approvals of the project. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless pursuant to a written order from City of Moorpark, and no claim for an addition to the agreement sum shall be valid unless so ordered. C. Unforeseen Conditions. Contractor shall provide City of Moorpark with notice of unforeseen conditions immediately upon discovery of such conditions. d. Value of any such extra work, change, or deduction shall be determined at the discretion of City of Moorpark in one or more of the following ways: 1. By acceptable lump sum proposal from Contractor with itemization as required by City of Moorpark. 2. By unit prices contained in Contractor's original bid and incorporated in contract documents or fixed by subsequent agreement between City of Moorpark and Contractor. 3. By the cost of material and labor and a percentage for overhead and profit. The following form shall be followed as applicable for additions and deductions to agreement: Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 26 of 41 (a) Material (attach itemized quantity and unit cost plus sales tax) (b) Labor (attach itemized hours and base rates from identified prevailing wage schedules) (c) General Liability and Workers' Compensation Insurance, Social Security, Pension and Unemployment Taxes at actual and verified cost. (d) Subtotal (e) Subcontractor's overhead and profit not to exceed 10% of Item (d) (f) Subtotal (g) General Contractor's Overhead and Profit, including extended home office overhead, not to exceed 15% of Item (d) (h) Subtotal (i) Bond Premium, not to exceed 1% of Item (h) 0) Total e. Regardless of whether the cost of the change order is determined pursuant to 1, 2, or 3, above, in addition to the cost of the material and labor for deleted items, Contractor shall credit back an appropriate and reasonable overhead mark-up and the bonding mark up for deleted items. In addition, in no circumstance shall contractor be entitled to subcontractor's overhead costs or mark-up where work is performed by Contractor's own forces. f. Should Contractor claim that any instruction, request, drawing, specification, action, condition, omission, default, or other situation (i) obligates the City of Moorpark to pay additional compensation to the Contractor; or (ii) obligates the City of Moorpark to grant an extension of time for the completion of the contract; or (iii) constitutes a waiver of any provision in the contract, CONTRACTOR SHALL NOTIFY THE CITY OF MOORPARK, IN WRITING, OF SUCH CLAIM AS SOON AS POSSIBLE, BUT IN NO EVENT WITHIN MORE THAN FIVE (5) WORKING DAYS Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 27 of 41 FROM THE DATE CONTRACTOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE CLAIM. CONTRACTOR SHALL ALSO PROVIDE CITY OF MOORPARK WITH SUFFICIENT WRITTEN DOCUMENTATION SUPPORTING THE FACTUAL BASIS OF THE CLAIM. Contractor shall be required to certify under penalty of perjury the validity and accuracy of any claims submitted. The Contractor's failure to notify the City of Moorpark within such five (5) working day period shall be deemed a waiver and relinquishment of the claim against the City of Moorpark. If such notice be given within the specified time, the procedure for its consideration shall be as stated above in this article. In the event of a dispute as to any work to be performed, the City of Moorpark has the right to direct the Contractor to continue to proceed with work as directed, and the Contractor is obligated to continue performance of work and advise City of Moorpark of its concerns in writing in accordance with the provisions of this subsection f. The procedure for consideration shall be as stated above in this article. g. In the event a mutual agreement cannot be reached on the cost of a change order, Contractor and City of Moorpark agree that an industry estimating guide, such as an estimating guide published by Means, shall be used to determine the cost of a disputed change order item. h. All costs associated with the change are to be included in the change order proposal to the City of Moorpark. Costs may be in terms of time, money or both. Article 41. DEDUCTIONS FOR UNCORRECTED WORK If City of Moorpark deems it inexpedient to correct work injured or not done in accordance with contract, an equitable deduction from agreement price shall be made therefore. Article 42. PAYMENTS BY CONTRACTOR Contractor shall pay: a. For all transportation and utility services not later than the 20th day of the calendar month following that in which such services are rendered, b. For all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at site of project and balance of cost thereof not later than the 30th day following completion of that part of work in or on which such materials, tools, and equipment are incorporated or used, and Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 28 of 41 C. To each of his subcontractors, not later than the 5th day following each .... r payment to Contractor, the respective amounts allowed Contractor on account of work performed by respective subcontractor to the extent of such subcontractor's interest therein. Article 43. CONTRACTOR'S SUPERVISION a. Unless personally present on the premises where work is being done, Contractor shall keep on the work, during its progress, a competent full- time job (project) superintendent satisfactory to City of Moorpark. The job superintendent shall not be changed except with the written consent of City of Moorpark unless the job superintendent proves to be unsatisfactory to Contractor and ceases to be in his employ. The job superintendent shall represent Contractor in his absence and all directions given to him shall be as binding as if given to Contractor. Other directions shall be so confirmed on written request in each case. b. Contractor shall give efficient supervision to work, using his best skill and attention to control safety and job coordination. He shall carefully study and compare all drawings, specifications, and other instructions and shall at once report to Construction Manager and architect any error, inconsistency or omission which he may discover. The Contractor shall not be liable to City of Moorpark for any damage resulting from errors or deficiencies in the contract documents or other instructions by the architect. Article 44. INSPECTOR'S FIELD OFFICE a. Not Applicable Article 45. DOCUMENTS ON WORK a. Contractor shall keep one copy of all contract documents, including addenda, change orders, Division I, Title 21 of the California Code of Regulations, Parts 1-5 and 12 of Title 24 of the California Code of Regulations, and the prevailing wage rates applicable at the time of the contract, which are a part of contract documents, at the jobsite at all times. Said documents shall be kept in good order and shall be available to City of Moorpark representative, architect and his representatives. Contractor shall be acquainted with and comply with the provisions of said Titles 21 and 24 as they relate to this project. (See particularly Duties of the Contractor, Title 24 California Code of Regulations, section 4-343.) Contractor shall also be acquainted with and comply with all California Code of Regulations provisions relating to this project, particularly Titles Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 29 of 41 17, 19, 21 and 24.) b. Contractor shall also make available all books, records, accounts, contracts, bids, etc. upon request of City of Moorpark. Article 46. RECORD ("AS BUILT") DRAWINGS a. See 0800 Special Conditions. Article 47. UTILITY USAGE a. All temporary utilities, including but not limited to electricity, water, gas, and telephone used on work shall be furnished by Construction Manager and paid for by the City of Moorpark. Construction Manager shall furnish and install necessary temporary distribution systems, including meters, if necessary, from distribution points to points on site where utility is necessary to carry on the work. Upon completion of work, Construction Manager shall remove all temporary distribution systems. b. Construction Manager shall provide necessary and adequate utilities for completion of the project. City of Moorpark will pay utility use charges during construction for water, electricity, gas, and sewer. C. All permanent meters installed shall be listed in the Contractor's name until completion occurs, as defined in Article 6 hereof, at which time further pro-rating will be determined if necessary. When City of Moorpark begins using the project, charges over and above power actually used for construction will be the responsibility of the City of Moorpark. d. If contract is for construction in existing facilities, Contractor may, with written permission of City of Moorpark, use City of Moorpark's existing utilities by making prearranged payments to City of Moorpark for utilities used by Contractor for construction. Article 48. SANITARY FACILITIES The Construction Manager shall provide sanitary temporary toilet buildings and handwash stations for the use of all workers. The building shall be maintained in a sanitary condition at all times and shall be left at the site until Construction Manager directs removal. Use of toilet facilities in the Project under construction shall not be permitted except by written approval of the Construction Manager. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 30 of 41 Article 49. TRENCHES If the agreement price exceeds $25,000, the Contractor shall submit to the City of Moorpark or a registered civil or structural engineer employed by the City of Moorpark, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. No excavation of such trench or trenches shall be commenced until said plan has been accepted by City of Moorpark or the person to whom authority to accept has been delegated by City of Moorpark. Article 50. PROTECTION OF WORK AND PROPERTY a. The Contractor shall be responsible for all damages to persons or property that occurs as a result of his fault or negligence in connection with the prosecution of this contract. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City of Moorpark. All work shall be solely at the Contractor's risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as provided by law and contract documents. Contractor shall take all necessary precautions for the safety of employees on the project and shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to premises where work is being performed. Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a responsible member of his organization on the work, whose duty shall be prevention of accidents. The name and position of the person so designated shall be reported to City of Moorpark by Contractor. b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Construction Manager or architect or City of Moorpark, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal, if so authorized or instructed by Construction Manager or architect or City of Moorpark. Any compensation claimed by Contractor on account of emergency work shall be determined by agreement. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 31 of 41 C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all work, materials, equipment, appliances, and tools against damage by weather conditions. d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, adjoining property, and structures, and to avoid damage thereto, and repair any damage thereto caused by construction operations. Contractor shall: 1. Provide substantial barricades around any shrubs or trees indicated to be preserved. 2. Deliver materials to the building area over a route designated by Construction Manager. 3. Take immediate preventive measures to eliminate objectionable dust. 4. Confine Contractor's apparatus, the storage of materials, and the operations of his workers to limits indicated by law, ordinances, permits, or directions of Construction Manager. Contractor shall not unreasonably encumber premises with his materials. Contractor shall enforce all instructions of City of Moorpark, Architect and Construction Manager regarding signs, advertising, fires, danger signals, barricades, and smoking and require that all persons employed on work comply with all regulations while on construction site. 5. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, licensed in the State of California, at no cost to the City of Moorpark. Article 51. LAYOUT AND FIELD ENGINEERING Reference 00150 Divisions of Work Article 52. REMOVAL OF HAZARDOUS MATERIALS a. Since removal and/or abatement of asbestos, PCBs and other toxic wastes and hazardous materials is a specialized field of work with specialized insurance requirements, unless otherwise specified in the contract documents, City of Moorpark, shall contract directly for such Ruben Castro Human Services Center 00700 General Conditions City of Moorpark I Page 32 of 41 specialized services, if required, and shall not require the Contractor to subcontract for such services. b. In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the City of Moorpark, inspector, and Construction Manager in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the City of Moorpark and Contractor if in fact the material is asbestos or PCB and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or PCB, or when it has been rendered harmless, by written agreement of the City of Moorpark and Contractor, or by arbitration under Article 71 hereof. Article 53. CUTTING AND PATCHING a. Contractor shall do all cutting, fitting, or patching of work as required to make its several parts come together properly and fit it to receive or be received by work of other contractors showing upon, or reasonably implied by, the drawings and specifications for the completed structure. Contractor shall make good after them as Construction Manager and or architect may direct. b. All cost caused by defective or ill-timed work shall be borne by party responsible therefore. C. Contractor shall not endanger any work by cutting, excavating, or otherwise altering work and shall not cut or alter work of any other contractor save with consent or at the direction of Construction Manager and or architect. Article 54. CLEANING UP Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment caused by this work. Contractor shall not leave debris under, in, or about the premises. Upon completion of work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 33 of 41 Article 55. CORRECTION OF WORK BEFORE FINAL PAYMENT a. Contractor shall promptly remove from the premises all work condemned by City of Moorpark as failing to conform to the contract, whether incorporated or not. Contractor shall promptly replace and re-execute his own work to comply with contract documents without additional expense to City of Moorpark and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. b. If Contractor does not remove such condemned work within a reasonable time, fixed by written notice, City of Moorpark may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) days' time thereafter, City of Moorpark may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. Article 56. ACCESS TO WORK City of Moorpark and its representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access so that City of Moorpark's representatives may perform their functions under contract. Article 57. OCCUPANCY City of Moorpark reserves the right to occupy buildings at any time before completion, and such occupancy shall not constitute final acceptance of any part of work covered by this contract. Article 58. CITY OF MOORPARK'S INSPECTOR a. If applicable, an inspector will be employed by City of Moorpark in accordance with requirements of Title 24 of the California Code of Regulations and will be assigned to the work. His duties are specifically defined in Part 1, Title 24, Section 4-342 of the California Code of Regulations. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 34 of 41 b. All work shall be under the observation of said inspector. He shall have free access to any or all parts of work at any time. Contractor shall furnish inspector reasonable facilities for obtaining such information as may be necessary to keep him fully informed respecting progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. Inspector Construction Manager or architect shall have authority to stop work whenever the provisions of the contract documents are not being complied with and Contractor shall instruct his employees accordingly. Article 59. TESTS AND INSPECTIONS a. If contract, City of Moorpark's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, Contractor shall give notice in accordance with such authority of its readiness for observation or inspection at least two (2) working days prior to being tested or covered up. If inspection is by a public authority other than City of Moorpark, Contractor shall inform City of Moorpark of date and time fixed for such inspection. Required certificates of inspection shall be secured by Contractor. Observations by City of Moorpark shall be promptly made and where practicable at source of supply. If any work should be covered up without approval or consent of City of Moorpark, it must, if required by City of Moorpark, be uncovered for examination and satisfactorily reconstructed at Contractor's expense in compliance with the contract. Costs for testing and inspection shall be paid by City of Moorpark. Costs of tests of any materials found not to be in compliance with the contract shall be paid by the Contractor. b. Where such inspection and testing are to be conducted by an independent laboratory or agency, such materials or samples of materials to be tested shall be selected by such laboratory or agency, or City of Moorpark's representative, and not by Contractor. C. In advance of manufacture of materials to be supplied by Contractor under the contract, which by the terms of the contract must be tested, Contractor shall notify City of Moorpark in advance so that City of Moorpark may arrange for testing of same at the source of supply. Any materials shipped by Contractor from the source of supply prior to having satisfactorily passed such testing and inspection, or prior to receipt of notice from City of Moorpark's representative that such testing and inspection will not be required, shall not be incorporated into the work without the prior approval of City of Moorpark and subsequent testing and inspection. d. Re-examination of questioned work may be ordered by City of Moorpark. If so ordered, work must be uncovered by Contractor. If such work is Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 35 of 41 found to be in accordance with the contract documents, City of Moorpark shall pay the costs of re-examination and replacement. If such work be found not to be in accordance with the contract documents, Contractor shall pay such costs. Article 60. SOILS INVESTIGATION REPORT Except as provided in Article 68, (unless otherwise specifically provided) when a soils investigation report obtained from test holes at the site is available, such report shall not be a part of the Contract Documents. Nevertheless, with respect to any such soils investigation and/or geotechnical report regarding the site, it shall be the responsibility of the Contractor to review and be familiar with such report. Any information obtained from such report or any information given on drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, and does not form a part of the Contract Documents face investigations, if any, are available for review and consideration by Contractor and were conducted for the purpose of design only. Subsurface investigation information is made available by City of Moorpark solely as a matter of convenience and general information for Contractor and Contractor is expected to review and be familiar with such information. No representation is made by City of Moorpark, Construction Manager or Architect that information provided is completely representative of all conditions and materials which may be encountered. If such a report is referenced in the contract documents for performance of the Work, such reference shall be to establish minimum requirements only. Further, no representation is made by City of Moorpark or, Construction Manager or Architect that information provided is solely adequate for purposes of construction. City of Moorpark disclaims responsibility for interpretations by Contractor of soil and subsurface investigation information, such as in protecting soil-bearing values, rock profiles, presence and scope of boulders and cobbles, soil stability and the presence, level and extent of underground water. Contractor shall determine means, methods, techniques and sequences necessary to achieve required characteristics of completed Work. Conditions found after execution of the Agreement to be materially different from those reported and which are not customarily encountered in the geographic area of the Work shall be governed by provisions of the General Conditions of the Contract Documents for unforeseen conditions. Article 61. INTENTIONALLY LEFT BLANK Article 62. INTENTIONALLY LEFT BLANK Article 63. INTENTIONALLY LEFT BLANK Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 36 of 41 Article 64. LABOR/EMPLOYMENT SAFETY The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 USC, section 651 et seq.). Contractor shall comply with all Federal, State and Local safety laws, regulations and requirements. Article 65. NOTICE OF TAXABLE POSSESSORY INTEREST The terms of this document may result in the creation of a possessory interest. If such a possessory interest is vested in a private party to this document, the private party may be subjected to the payment of personal property taxes levied on such interest. Article 66. ASSIGNMENT OF ANTITRUST ACTIONS Contractor or subcontractor offers and agrees to assign to City of Moorpark all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 USC, section 15) or under the Cartwright Act (chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time City of Moorpark tenders final payment to the Contractor, without further acknowledgment by the parties. Article 67. SUBSTITUTION OF SECURITY AND ESCROW ACCOUNTS Pursuant to Public Contract Code Section 22300 and upon request of the contractor, substitution of eligible and equivalent securities for any moneys withheld to insure performance under this contract for the work to be performed shall be permitted at the request and expense of the successful bidder. If the successful bidder does not elect to substitute eligible and equivalent securities, a 10% retainer will be withheld from the contractor's payment Article 68. EXCAVATIONS If this contract involves digging trenches or other excavations all of the following shall apply: a. The Contractor shall promptly, and before the following conditions are disturbed, notify the City of Moorpark, in writing, of any: 1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 37 of 41 Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b. Upon receiving any such notice, the City of Moorpark shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work City of Moorpark shall issue a change order under the procedures described in this contract. C. In the event that a dispute arises between the City of Moorpark and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this contract, but shall proceed with all work to be performed under the contract. A contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. (Public Contract Code section 7104). Article 69. COMPLIANCE WITH STATE STORM WATER PERMIT FOR CONSTRUCTION a. The Contractor shall be required to comply with all conditions of the State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (Permit) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a lager common area of development or sale. It shall be Contractor's responsibility to evaluate the cost of compliance with the SWPPP in bidding on this contract. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the contract amount. b. Contractor shall be responsible for implementing and complying with the provisions of the Permit and the SWPPP, including the standard Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 38 of 41 provisions, monitoring and reporting requirements as required by Permit. Contractor shall provide copies of all reports and monitoring information to City of Moorpark. C. Contractor shall comply with the lawful requirements of any applicable municipality, the County, City of Moorpark, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. d. Failure to comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City of Moorpark, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City of Moorpark, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the project, except for liability resulting from the negligence or willful misconduct of City of Moorpark, its officials, officers, agents, employees or authorized volunteers. City of Moorpark may seek damages from Contractor for delay in completing the contract in accordance with Article 6 hereof, caused by Contractor's failure to comply with Permit. Article 70. RESOLUTION OF CONSTRUCTION CLAIMS OF $375,000 OR LESS Public work claims shall be governed by provisions of the Public Contract Code Article 71. RESOLUTION OF CONSTRUCTION CLAIMS IN EXCESS OF $375,000 Public work claims shall be governed by provisions of the Public Contract Code Article 72. GOVERNING LAW AND VENUE This Contract shall be governed in accordance with the laws of the State of California and venue shall be in Ventura County. Article 73. FINGERPRINTING Not Applicable. Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 39 of 41 Article 74. COMPLIANCE WITH DTSC GUIDELINES — IMPORTED SOILS If the project requires the use of imported soils, the Contractor shall be responsible to use and shall certify that the imported material it uses is free of any hazardous and/or toxic substance or material of any nature or type as defined in accordance with California Law and the California Health and Safety Code. The City of Moorpark reserves the right to reject any imported material that has come from agricultural or commercial land uses. Contractor must notify the City of Moorpark of the source of material and comply with the Los Angeles Regional Water Quality Control Board Resolution 95-63 and when applicable, with the guidelines of the Department of Toxic Substances Control (DTSC). Article 75. NO ASBESTOS a. The Contractor will be required to execute and submit a Certificate Regarding Non-Asbestos Containing Materials. b. Should asbestos containing materials be installed by the Contractor in violation of this certification, or if removal of asbestos containing materials is part of the Project, decontaminations and removals will be performed in accordance with the requirements of all applicable laws and will meet the following criteria: 1. Decontamination and removal of work found to contain asbestos or work installed with asbestos containing equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of asbestos abatement and accredited by the Environmental Protection Agency (EPA). 2. The asbestos removal contractor shall be an EPA accredited contractor qualified in the removal of asbestos and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final determination in this matter. 3. The asbestos consultant shall be chosen and approved by the City of Moorpark which shall have sole discretion and final determination in this matter. 4. The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant. C. If removal of asbestos containing materials is part of the project, the cost of all asbestos removal, including, but not necessarily limited to the cost of the asbestos removal contractor, the cost of the asbestos consultant, Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 40 of 41 analytical and laboratory fees, time delays and additional costs that may be incurred by the City of Moorpark shall be borne entirely by the Contractor. d. Hold Harmless: Interface of work for the Project with work containing asbestos shall be executed by the Contractor at his risk and at his discretion with full knowledge of the currently accepted standards, hazards, risks and liabilities associated with asbestos work and asbestos containing products. By execution of the Agreement, the Contractor acknowledges the above and agrees to the fullest extent permitted by law to hold harmless the Construction Manager, City of Moorpark, its Governing Board, employees, agents, representatives, including its architect and assigns, for all asbestos liability which may be associated with this work. The Contractor further agrees to instruct his/her employees with respect to the above-mentioned standards, hazards, risk and liabilities. Article 76. Disabled Veterans Participation Goals and Record Retention a. There are no DVBE requirements for this project; however, City of Moorpark would like to encourage participation. Article 77. Notification of Third Party Claims The City of Moorpark shall provide the Contractor with timely notification of the receipt by the City of Moorpark of any third party claim relating to this contract, and the City of Moorpark may charge back to the Contractor the cost of any such notification. END OF GENERAL CONDITIONS Ruben Castro Human Services Center 00700 General Conditions City of Moorpark Page 41 of 41 DOCUMENT 00800 SPECIAL CONDITIONS A. Except as hereinafter provided, the provisions of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), and all supplements thereto, prepared and promulgated by the Greenbook Committee of Public Works Standards Inc., formerly the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America, and the following modifications thereto are established as the Standard Specifications for the City. They will be referred to in the General Conditions and contract documents as the °Greenbook°. These specifications will prevail as the basic Standard Specifications for this project except where MODIFIED BY THE CONTRACT DOCUMENTS. B. Time of Performance. The work shall be commenced on the date stated in the City of Moorpark's notice to the Contractor to proceed (which date will be not less than five (5) consecutive calendar days from and after the date of execution of the agreement and shall be completed within 365 calendar days pursuant to Document 00160, Preliminary Master Schedule, including updates and revisions made by the Construction Manager. City and Contractor each hereby stipulate that the stated performance period is accepted as reasonable and that no other performance period shall be acceptable unless accepted in writing (See Article 2 of Agreement and Article 6 of General Conditions.) C. Liquidated Damages. If work under this agreement is not ready for the intended use within the specified time period, the agreed liquidated damages established in Article 6 of the General Conditions is One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed. D. Documents Furnished. Contractor will be provided (1) complimentary set (or CD) of Contract Documents. Any additional copies required by the Contractor shall be obtained at the Contractor's expense. E. Bonds. Contractor shall provide (i) a bid bond in the amount of ten (10%) of the agreement price; (ii) a payment bond in the total amount of bid or as specified in the Information to Bidders and General Conditions; and (iii) a performance bond in the amount of one hundred percent (100%) of the agreement price or as specified in the Information for Bidders. F. Insurance. Reference Exhibit A and related documents of the Agreement between City of Moorpark and the Contractor Ruben Castro Human Services 00800 Special Conditions City of Moorpark Page 1 of 5 G. Executed Copies: The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond for Public Works required is Three (3). H. Fingerprinting: Not Applicable. I. Insurance/Safety: All Trade Contractors will be required to submit all insurance certificates and a current copy of their Injury and Illness Prevention Plan to the Construction Manager prior to beginning work onsite. J. Daily Work Reports. Trade Contractors shall be required to submit Daily Work Reports to the Construction Manager on the form provided after this Section. Daily Work Reports will be used by the Construction Manager to track work progress and issues, and to verify Certified Payroll records. Failure to submit Daily Work Reports will be grounds for withholding of payments to Trade Contractor until such submission is made. K. License Classification: Each bidder shall be a licensed Contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification of the work to be performed. L. Existing Utilities: The locations of existing underground utilities, if shown on Drawings, are shown in an approximate way only, and have not been independently verified by the CITY or a REPRESENTATIVE. The ARCHITECT and his CONSULTING ENGINEERS are not responsible for the location of underground utilities or structures, whether or not shown or detailed and installed under this or any other agreements. Prior to excavation under this agreement, the contractor shall: 1. Request from the Construction Manager all available record drawings of the area covered by the work. 2. Arrange and conduct a meeting with the City's representative to conduct a site review of potential utility locations. 3. The contractor shall obtain and pay for the services of a private utility locating service, which shall, based on information obtained from the above resources, and from the topographic survey and the presence of facilities such as buildings, meters, junction boxes, pipes leaving buildings, catch basins, cleanouts, sprinkler heads, valves, etc., locate and marked by existing underground utility lines. 4. Contractor shall contact Underground Service Alert of Southern California, 1-800-422-4133, at least 48 hours prior to any excavation, and shall not excavate until verification from Underground Service Alert that all public utilities serving the site have been located and marked by their underground services. Ruben Castro Human Services 00800 Special Conditions City of Moorpark Page 2 of 5 The contractor and all subcontractors shall exercise extreme caution in excavating and trenching on this site to avoid existing underground utilities, and prevent hazard to personnel and /or damage to existing underground utilities or structures. These drawings and specifications do not include necessary components for construction safety, which is solely the responsibility of the contractor. Should unidentified utilities be discovered by the contractor in the course of work, the contractor shall immediately notify the Construction Manager, and shall undertake whatever emergency procedures he deems necessary to protect persons and property. The Owner shall reimburse the contractor for the cost of such repairs, in accordance with the General Conditions. Should contractor damage a site utility which, by reasonable care and the performance of the above procedures, the contractor should have had knowledge of, the contractor shall bear the cost of repair of such utility, and any costs the Owner may incur as a result of that damage. In addition, the Construction Manager may assess the contractor for liquidated damages due to the delay caused by the contractor's negligence. M. Safety Meetings. Trade Contractor's onsite representative will be required to attend weekly safety meetings onsite, with each Trade Contractor conducting meetings on a revolving basis. The purpose of the safety meetings is to promote safe work practices by each Trade Contractor and communication for safety requirements between the separate Trade Contractors. The conducting Contractor will keep minutes of the meeting, and copies are to be provided to the other Contractors and to the Construction Manager within seven (7) days of the date of the meeting. Failure to attend and/or conduct meetings or to issue minutes as outlined above will be grounds for withholding of payment to Contractor until such submission is made. N. As-Built Documents. Construction Manager will keep one complete set of project documents in Construction Manager's onsite trailer for use as "As Built" drawings. Each Trade Contractor is required to update these drawings on a frequent basis, but in no case less than once each month. As-Built drawings will be reviewed for completeness each month by Architect, Construction Manager and Inspector. Failure to adequately update As Built drawings will be grounds for withholding of payment to Contractor until such updates are made and accepted by Architect, Construction Manager and Inspector. O. Construction Manager. Barnhart Balfour Beatty, Inc. (the "Construction Manager") is the Construction Manager for this project. The Construction Manager will be the Owner's representative during construction of the project and will assist the City in the administration of the agreement. ALL INSTRUCTIONS FROM THE CITY TO THE BIDDERS (AND TO THE CONTRACTORS, WHEN Ruben Castro Human Services 00800 Special Conditions City of Moorpark Page 3 of 5 THE AGREEMENTS ARE AWARDED) AND ALL COMMUNICATIONS FROM THE BIDDERS (AND THE CONTRACTORS, WHEN THE AGREEMENTS AWARDED) SHALL BE DIRECTED THROUGH THE CONSTRUCTION MANAGER. The Construction Manager's address is 300 E. Esplanade Drive, Suite 350 Oxnard CA 93036 telephone 805.983.1558 fax 805.983.7249. P. Time is of the Essence: Working hours will be 7 a.m. to 7 p.m. Monday thru Saturday; however, Trade contractors acknowledge that this project is on a fast- track schedule The work may require additional manpower and work hours necessary to achieve the scheduled completion dates for each activity. Work beyond working hours of 7 a.m. to 7 p.m. is permitted only upon compliance of the City Municipal Code. Long lead items will need to be coordinated and submitted for approval to the Construction manager immediately after the formal award of agreement. Trade Contractors will be required to attend coordination meetings within 4-8 days of award of agreement to facilitate approval of all submittals. NORMAL FABRICATION AND SHIPPING TIMES WILL NOT BE ACCEPTABLE ON THIS PROJECT. Trade Contractors must review the master construction schedule and ensure that they can have long lead items on site to facilitate the activity completion dated indicated. Trade Contractors shall be responsible for additional rush charges for fabrication and shipping if applicable. Q. Late Submittal Penalty: Complete submittals are to be turned in to the Construction Manager no later than 14 calendar days from the date of Notice to Proceed. Failure to submit submittals per section 01330 within 14 calendar days from Notice to Proceed may result in a $1,000 penalty. If submittals are not received within 30 calendar days from date of Notice to Proceed, the trade contractor's bonding company may be notified of owner's intention to terminate the agreement in accordance with Article 13 of the General Conditions. R. COMPONENT PARTS OF THE CONTRACT. The contract entered into by this Agreement consists of the following contract documents, all of which are component parts of the contract as if herein set out in full or attached hereto: PROJECT SPECIFICATIONS —VOLUME 1 00020 Exhibit B - Notice to Contractors Calling for Bids 00100 Exhibit B - Information to Bidders 00110 Exhibit B - Bidder's Clarification Request 00120 Exhibit B - Drawing and Document List 00150 Exhibit B - Division of Work by Specification Section and Bid Package Matrix 00151 Exhibit B - Existing Site Utilities 00152 Exhibit B - Phase 1/Phase 2 Work Areas 00153 Exhibit B - Temp Fencing Plan Ruben Castro Human Services 00800 Special Conditions City of Moorpark Page 4 of 5 00154 Exhibit B - Temporary Water Service Plan 00155 Exhibit B - Temporary Phone and Data Plan 00156 Exhibit B - Temp Power Plan 00157 Exhibit B - Temporary Lighting Plan 00160 Exhibit B - Preliminary Master Schedule 00200 Exhibit B - Contractor's Certificate Regarding Worker's Compensation 00240 Exhibit B - Statement of Bidder's Qualifications 00300 Exhibit B - Bid Form 00410 Exhibit B - Bid Bond 00417 Exhibit B - Drug-Free Workplace Certification 00430 Exhibit B - Designation of Subcontractors 00480 Exhibit B - Noncollusion Affidavit 00490 Exhibit B — Compliance with Environmental, Health and Safety Standards 00500 Exhibit A - Agreement 00510 Exhibit A- Insurances 00600 Exhibit A - Performance Bond 00610 Exhibit A - Payment Bond 00700 Exhibit B - General Conditions 00800 Exhibit B - Special Conditions 00810 Exhibit B - Site Safety and Health Program 00820 Exhibit B - Building Information Modeling (BIM) Coordination Plan 00850 Exhibit B -Addenda Exhibit B - PROJECT SPECIFICATIONS-VOLUME II (also referred to as Technical Specifications) as prepared by HMC Architects Exhibit B - PROJECT PLANS COMPLETE as prepared by HMC Architects and its consultants Exhibit B - STORM WATER POLLUTION PREVENTION PLAN as prepared by Barnhart Balfour Beatty Exhibit C - GEOTECHNICAL REPORT as prepared by URS All of the above-named contract documents are intended to be complementary. Work required by one of the above-named contract documents and not by others shall be done as if required by all. This agreement shall supersede any prior agreement of the parties. END OF DOCUMENT Ruben Castro Human Services 00800 Special Conditions City of Moorpark Page 5 of 5 DOCUMENT 00810 SITE SAFETY AND HEALTH PROGRAM PART 1 -GENERAL 1.01 SUMMARY This section describes general and specific safety and emergency/incident reporting requirements for this Project. These requirements are in addition to the requirements of the related sections. Trade Contractors are responsible for carrying out the rules and procedures required by the Site Health and Safety Program. Compliance with Federal, State, Local Laws and regulations is the contractual obligation of Trade Contractors working on this project. Conflicts between current laws and contractual requirements shall be resolved by adhering to the more stringent requirement. Trade Contractors are required to take immediate corrective action, and action to prevent recurrence, to eliminate unsafe acts of workers including unsafe and unhealthy working conditions. 1.02 DEFINITIONS A. Contract Documents: Shall be synonymous with Contract Documents(as that term is defined in the Project Documents) applicable to the Project. B. Trade Contractor: Any Trade Contractor performing work under Contract with the Owner at the project site. C. Employer: Any Trade Contractor, supplier, or vendor performing work under Contract at the project site. D. Owner: An entity who has a contract between themselves and the Trade Contractor. E. Project: The premises owned by the Owner subject to construction as described in the contract between the Owner and Trade Contractor F. C. M. Project Manager: The Construction Manager's designated representative of the Owner. G. C. M. Risk Manager: The Construction Manager's designated representative functioning as the Risk Manager for this project site. H. C. M. Safety Manager: The Construction Manager's designated representative functioning as the Safety Manager for this project site. I. Site Safety Representative: See Section 1.06 A through E for definition. J. Competent Person: A competent person is defined as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary or dangerous to employees. The Competent Person has authority to impose prompt corrective measures to eliminate these hazards. Specific requirements for the competent person's training, knowledge, abilities, and duties are contained in the Cal/OSHA and Federal OSHA standards listed in Section 1.03 Related Documents. Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 1 of 36 revised 08/2010 1.03 RELATED DOCUMENTS Following is a list of the publications that form a part of these Specifications by reference: • OSHA General Industry Safety and Health Standards(29CFR1910) • OSHA Construction Industry Standards (29CFR1926) • Cal/OSHA, Title 8, Division 1, Chapter 4, Subchapter 7, General Industry Safety Orders • Cal/OSHA Title 8, Division 1, Chapter 4, Subchapter 4, Construction Safety Orders • National Emission Standards for Hazardous Air Pollutants(40CFR61) • Environmental Protection Agency Final Rule (40CFR761) • Federal Standard 313A-Material Safety Data Sheets, Preparation and Submission • Record Keeping Guidelines for Occupational Injuries and Illnesses • American National Standards Institute (ANSI)A10.33"Safety and Health Requirements for Multi- Employer Projects" • Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration • Procedure for conducting Pre-phase Planning, Job Hazard Analysis (JHA) and Safety Task Assignment (STA) (See Figure 5) The Trade Contractor is responsible for knowing and abiding by the appropriate sections of these and any other applicable regulations and/or specifications. 1.04 GENERAL A. CITY of MOORPARK and its representatives have a vital interest in maintaining safe, healthful and efficient working conditions for all Trade Contractors, tiered sub contractors and employees. Alcohol and illegal drug use poses a serious threat to workplace safety and health. Employees who abuse alcohol and/or drugs are a danger to themselves, co-workers and other Trade Contractors and the public. Therefore, the Trade Contractor shall maintain an Alcohol and Drug Free Workplace. This will include requiring all employees immediately before they are assigned to this project to pass a National Institute on Drug Abuse (NIDA) approved substance abuse test with a negative test result. Alcohol and substance abuse testing is required for employees assigned to this project immediately following all injury/illness incidents including near hits or misses, and fitness for duty exams for employees returning to work from a non-work related injury/illness. All employees with positive test results must either be barred from working at this project or placed in a qualified and monitored rehabilitation program including random alcohol and substance abuse testing to assure alcohol and/or substance abuse rehabilitation is being successful. Alcohol and substance abuse testing results for all employees are to be transmitted via "Personal and Confidential' sealed envelope marked for viewing by the C. M. Project Manager only. B. Fifteen (15) days prior to the start of onsite activities, the Trade Contractor shall submit the following documents to the C. M. Project Manager for acceptance: Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 2 of 36 revised 08/2010 1. The Trade Contractor's General Injury and Illness Prevention Plan a. The Trade Contractor's written General Injury and Illness Prevention Plan shall meet the requirements set forth in Cal/OSHA Title 8, Chapter 4, Subchapter 7, Section 3203, General Industry Safety Orders. b. The Trade Contractor shall specify the scope of indoctrination for all employees, the procedures for weekly safety meetings, and the scope and frequency of project site inspections. C. The Trade Contractor shall specify the availability of, and enforcement of, procedures for the use of protective devices such as head protection, eye protection, hearing protection, respirators, safety harness' and lanyards, reflective work vests, safety toed boots, wet weather gear, fire-resistant blankets and/or barriers, and any other devices used for the protection of the individual employee's health and safety. d. The program shall cover, in addition to injury/illness prevention procedures, specific procedures for fire protection and prevention of damage to property, as well as other procedures and requirements that may be necessary to conduct the Work in a safe manner and provide maximum protection for the health and safety of all employees and the public. e. The Trade Contractor's program shall set forth specific actions that will be taken to require compliance with the Trade Contractor's incident prevention/safety and health program by its sub contractors. 2. The Trade Contractor's Site-Specific Safety Plan a. The Trade Contractor shall prepare and submit a Site-Specific Safety Plan applicable to the project. The Site-Specific Safety plan shall include as a minimum: • Company Policy Statements • Drug/Alcohol Free Workplace • Fire Prevention • Project-Specific Safety, Health & Environmental New Employee Orientation • Hazard Communication Plan • Hazard Recognition • Fall Protection Plan and Requirements • Housekeeping /Orderliness • Electrical Safety • Detailed Lock-Out/Tag-Out Procedure • Injury / Illness/ Near Miss Incident Reporting Procedure, Emergency Procedures, Rescue, Evacuation, Injury Treatment Procedure, Medical Facilities name, location, and phone number(s). • Ladder/Scaffold Safety • Hot Work Procedure • Material Handling (Hoisting—Rigging-manual personnel lifting ) • Code of Safe Work Practices • Personal Protective Equipment Requirements(PPE) • Competent Person Designation Acknowledgement Form b. The Trade Contractor shall also include when applicable: • Confined Space Procedures • Perimeter Guarding /Floor, Wall And Roof Openings • Mobile Equipment Safety Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 3 of 36 revised 08/2010 • Signs, Barricades, Flagging • Rigging/Crane Safety • Trenching And Excavation Procedures • Hazardous Material Handling • Asbestos and/or Lead Abatement • Written Respiratory Protection Program • Any other procedures applicable to this project 3. The Trade Contractor shall submit its OSHA 300 logs for the preceeding three (3) years. 4. The Trade Contractor shall submit its Experience Modification Rates (EMR's) for the past five (5) years. All lower tier Trade Contractors, Vendors, Suppliers must also submit their EMR's for the past five(5)years. 5. The Trade Contractor shall submit all Cal/OSHA or other state OSHA Plan and Federal OSHA Inspection and violation reports for the preceding five (5) years. In the event the Trade Contractor has not had any violations the Trade Contractor shall submit a letter confirming that there have been no violations. 6. The Trade Contractor shall submit a Job Hazard Analysis (JHA) and Safety Task Assignment (STA) for all work on the protect (See Figure 5, "Pre-Phase Planning, Job Hazard Analysis (JHA), and Safety Task Assignment (STA)". The JHA's and STA's shall be updated and submitted as necessary throughout the project. This includes, but is not limited to: • Confined space work[Federal OSHA: 29 CFR 1910.146 (c) (4 )-( d)] • Work in excavations or trenches at or greater than four feet in depth, or when conditions warrant • Work involving hazardous materials or chemicals • Work involving energized circuits, components, or equipment • Work involving the use of Personal Fall Protection Systems • All scaffold work • All work performed in areas accessible by or potentially affecting the general public • Work requiring the use of respiratory protection C The Trade Contractor shall transmit, to the C. M. Project Manager the name(s) of the "Competent Person" designated by the Trade Contractor and trade sub contractor for, but not limited to, the following: (See Figure 1 for Competent Person Acknowledgement Form) • Site Safety Representative • Scaffolding • Excavations and Trenching • Fall Protection • Respiratory Protection • Concrete, Concrete Forms and Shoring • Steel Erection • Ladders D The Trade Contractors and each tier of sub-contractors, vendors and suppliers shall transmit to the C. M. Project Manager a completed weekly "Safety Checklist for Jobsite Safety Program" (See Figure 6). The respective Trade Contractor/Sub ContractorNendor/Supplier Site Safety Representative must conduct this Inspection. This document must be transmitted by the close of business on Friday for each week's Safety Checklist Inspection. Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 4 of 36 revised 08/2010 1.05 SITE HEALTH AND SAFETY TRAINING A. The C.M. Risk Manager or C. M. Safety Manager and C. M. Project Manager shall conduct a Pre-Construction Site Safety, Health and Environmental Training Meeting covering site-specific and general requirements using the Safety Health Environmental RISK ASSESSMENT. (See Figure 7) The C. M. Safety Manager and C. M. Project Manager will coordinate the Pre- Construction Site Health and Safety Training Meeting with the Trade Contractors, Sub- Contractors, Supplier and Vendors. B. This is a management level meeting and Trade Contractor, Sub-Contractor, Vendor and Supplier Project Management, Project supervision and all trade\contractor, sub-contractor, Supplier and Vendor management and supervisory staff is required to attend the meeting. C. No work, other than mobilization, may occur prior to acceptance of the Trade Contractor's, Sub- Contractor's, Supplier's and Vendor's Safety and Health Plan and the completion of the Site Safety and Health Training Meeting. 1.06 SITE SAFETY AND HEALTH REPRESENTATIVE A. The Trade Contractor shall submit the name(s) and qualifications of the Trade Contractor's proposed Site Safety and Health Representative to the C. M. Project Manager for approval fifteen (15)days prior to the start of onsite activities. B. The Site Safety and Health Representative shall have at a minimum of five (5) years' experience in construction, possess appropriate skills and experiences related to construction occupational safety and health and have the authority to take prompt corrective measures to correct unsafe acts of workers and/or unsafe working conditions, and also specific knowledge and expertise in how to prevent their recurrence. At the discretion of the C. M. Project Manager, the Trade Contractor Site Safety and Health Representative duties may be shared with other duties. However, safety and health responsibilities shall take precedence over any other assigned duties. C. The Site Safety and Health Representative shall be responsible for, but not limited to, the following: Trade Contractor and trade sub-contractor, Supplier and Vendor safety and health, implementing the Injury and Illness Prevention Plan, site-specific safety and health plan, Site Safety and Health indoctrination of new employees, ensuring employee compliance with all project requirements, Project site inspection (See Figure 6), conducting the Trade Contractor's, Sub-Contractor's, Supplier, and Vendor weekly safety meetings, submitting necessary reports and documentation and protection of the public. D. The Trade Contractor Site Safety and Health Representative and Superintendent(s), Foremen and Leadmen assigned to the project shall have successfully completed the U.S. Department of Labor sanctioned OSHA 30-Hour Construction Safety & Health Course, within the two (2) years prior to start of work. In addition, they shall have successfully completed the Barnhart Balfour Beatty ZERO HARM and Safety Training Observation Program (STOPTM) for Supervision 14-Hour Course prior to start of work on the project. The Trade Contractor shall submit evidence of completion of these courses to the C. M. Project Manager fifteen (15) days prior to the start of onsite activities. The BBB ZERO HARM and STOP for Supervision Course will be offered both on site and at the BBB Training Center in San Diego, CA. E. The Trade Contractor Site Safety and Health Representative shall be onsite during all scheduled work hours. Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 5 of 36 revised 08/2010 1.07 ADDITIONAL SAFETY AND HEALTH REQUIREMENTS A. The Trade Contractor shall, fifteen (15) days prior to the start of onsite activities, prepare and submit traffic revision plans for all road, lane and pedestrian walkway closures, detours or deviations from existing roads, lanes and pedestrian walkways. B. Project Progress Meetings 1. The Trade Contractor shall address project safety and health issues, concerns, incidents, including injury/illnesses and non-injury/illness incidents or near hits/misses, safety and or health deficiencies, Safety and Health notices, etc. 2. Risk Mitigation Planning (Two-Week Look-Ahead) – The Trade Contractor shall provide written summaries of upcoming work tasks and associated risks and control measures (based on the Trade Contractor's two-week look-ahead schedule) at the Project Progress Meetings. 3. The Trade Contractor shall discuss Risk Mitigation Planning including, but not limited to, the following: • Trade Sub-Contractor, Supplier, Vendor activities at least two weeks in advance of the work. • Upcoming risks, exposures, hazards, mobilization or demobilization tasks, new Trade Contractors, changing conditions, competent person changes, supervisory personnel changes, safety and health training, etc. • Planned mitigation measures. C. The Trade Contractor shall conduct and document Site-Specific Safety, Health and Environmental orientations for all employees, trade sub- contractor employees, and lower tier employees, Suppliers and Vendors as required by Cal/OSHA or OSHA State Plan of State in which Project is located and Federal OSHA regulations, and the Site Safety and Health Requirements, prior to an employee starting work or even walking the site. A list of Trade Contractor employees having received orientation shall be submitted to the C. M. Project Manager weekly. The orientation shall include all procedures applicable to this project, including, but not limited to the following: • Company Policy • Drug/Alcohol Free Workplace • Fire Prevention • Hazard Communication Program • Hazard Recognition • Fall Protection Requirements • Housekeeping • Electrical Safety • Lock-Out/Tag-Out Procedure • Injury / Illness Reporting Procedure, Emergency Procedures, Rescue, Evacuation, Injury Treatment Procedure, Medical Facilities • Ladder/Scaffold Safety • Material Handling (Hoisting–Rigging—Manual Lifting of Materials) • Code of Safe Work Practices • Personal Protective Equipment Requirements(PPE) • Excavations and Trenching • Confined Space Entry • Safe work practices • Disciplinary Procedures Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 6 of 36 revised 08/2010 D. The Trade Contractor shall ensure that weekly "tool box" safety and health meetings are conducted for all Trade Contractor, sub-contractor, Supplier and Vendor employees. Safety and health meeting minutes and attendance sign-in sheets shall be retained onsite and a copy forwarded to the C. M. Project Manager on the date of the meeting. The owner or owner's representative or Trade Contractor may require additional safety meetings for special or changed conditions or to address safety audits and Safety Notices. E. The Trade Contractor, Sub-Contractor, Supplier, Vendor shall submit to the C. M. Project Manager copies of the manufacturer's Material Safety Data Sheet (MSDS) for any product that may contain harmful or hazardous materials or chemicals. The MSDS shall be legible, not more than three (3) years old, or be accompanied by a letter from the manufacturer stating that the process and content have not changed. MSDS's shall be made available to all employers on multi-employer work sites. 1.08 HAZARDOUS MATERIALS A. Material usage and disposal shall be accomplished with strict adherence to applicable State and Federal Regulations and to manufacturers'warnings on the MSDS and product container labels. B. The Trade Contractor shall refer to the definitions included in Sub-parts H and Z of 29 CFR 1910, for hazardous and toxic materials/substances and to others as additionally defined in Federal Standard 313A. Those most commonly encountered hazardous and toxic materials/substances include asbestos, polychlorinated biphenyl (PCB), and lead-based paint or material, but may include others. The products most likely to contain asbestos are sprayed-on fireproofing, insulation, boiler lagging and pipe covering, pipe, flooring materials, and lamp gaskets. Products likely to contain PCB are transformers, capacitors, voltage regulators and oil switches. C. Where Asbestos Containing Building Materials(ACBM)and/or lead paint are abated, the Trade Contractor, Sub-Contractor, Supplier, Vendor shall provide the Owner with clearance certificates, signed by a Certified Asbestos and Lead Consultant, once asbestos and lead abatement has been completed. D. The Trade Contractor shall bring to the attention of the C. M. Project Manager and C. M. Safety Manager any material suspected of being hazardous encountered during execution of work. A determination will be made by the C. M. Project Manager as to whether the Trade Contractor shall perform tests to determine if the material is hazardous. 1.09 INJURY / ILLNESS / PROPERTY DAMAGE / NEAR HIT OR MISS / HARM TO THE PUBLIC REPORTING A. The Trade Contractor shall follow all Incident and Claim Reporting Procedures. B. The Trade Contractor shall immediately notify the C. M. Safety Manager of any injury or illness case requiring medical attention. C. The C. M. Project Manager and C. M. Safety Manager shall be notified immediately if an employee is hospitalized for a work-related injury or illness. D. The C. M. Project Manager and C. M. Safety Manager shall be notified immediately if an employee is involved in a work-related fatality. E. Within eight (8) hours of any injury / illness or near hit, or any harm caused to the Public the Trade Contractor shall provide a completed Incident Report Form to the C. M. Project Manager. See Figure 2 Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 7 of 36 revised 0812010 F. The Trade Contractor shall, within eight(8) hours after a property damage incident, provide the C. M. Project Manager with a detailed report of the incident, including estimated dollar amount of damage. G. A Monthly Injury/Illness Report for the Trade Contractor and each Sub Contractor of every tier shall be forwarded to the C. M. Safety Manager as soon as possible after the end of each month, but not later than five (5)days after the last day of each month. See Figure 3. 1.10 SITE WORK CONDITIONS A. The Trade Contractor shall take all necessary precautions to prevent injury to the public, or damage to property of others. For the purposes of this Contract, the public shall include all persons not employed by the Trade Contractor or a trade sub-contractor, supplier, vendor working under its direction. B. When the construction area is adjacent to public occupied areas the Trade Contractor shall be responsible for conducting air monitoring, inside the public occupied areas, for airborne contaminates (chemicals, asbestos, welding fumes, nuisance dusts, etc.) generated by construction activity. The Trade Contractor shall provide for an independent testing consultant to conduct such air monitoring. C. The Trade Contractor shall ensure that monitored levels of chemicals and/or dusts are below established Permissible Exposure Limits as set forth in 29 CFR 1926, Subpart D. The Trade Contractor shall submit air monitoring test results to the C. M. Project Manager within seventy- two(72) hours after testing. D. The Trade Contractor shall prevent building materials, debris, excavated and / or backfill material, etc. from migrating into or onto public or private areas. E. Only trained and authorized operators shall be permitted to operate powered industrial trucks as required by 29 CFR 1910.178(1). Operators shall have a current operator's permit on their person while operating any industrial truck. F. The Trade Contractor shall provide temporary lighting where required to maintain illumination levels in work areas, storage areas and walkways as set forth in Title 8, Chapter 4, subchapter 4, Article 3, Section 1523 of California Construction Safety Orders. G. The Trade Contractor shall provide hearing protection to all employees when the noise level reaches or exceeds 85 decibels and the Trade Contractor shall require all employees to wear such hearing protection. H. Where work involves isolating utilities to any portion of the Project or adjoining areas, the Trade Contractor shall follow safety procedures as outlined in the Cal/OSHA Safety Orders. I. This Project shall require, in addition to all other appropriate personal protective equipment, the wearing of hard hats, industrial grade safety glasses with side shields, reflective safety work vests, work gloves, and safety toed boots at all times by all people while on this Project. The only exception to this would be while inside the construction offices or vehicles with the windows and doors closed. J. Minimum acceptable clothing required to be worn by all personnel while on this Project includes a standard shirt with short sleeves (4-inch minimum length) and long pants, not cut or frayed, reflective work vests, and solidly constructed leather, safety toed boots in good repair. No tank tops, fish net or see-thru type or cut-off sleeve or abdomen shirts. No sweat suits or athletic shoes such as tennis or walking shoes, or sandals or elevated or high-heel shoes/boots. Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 8 of 36 revised 08/2010 K. Specifically prohibited from being brought onto this Project are the following: pet animals of any kind, radios, including head set radios, and Tape/CD/DVD/Electronic Chip players and televisions. Any variance from this must have the written approval of the C. M. Project Manager and C. M. Safety Manager. 1 L. Specifically prohibited from being practiced on this Project is lifting of multiple pieces of steel on one lift, also known as "Christmas Treeing" during structural steel erection. M. All impalement hazards must be guarded against. This includes any object that is of sufficient shape and dimensions that in the event a worker falls onto or strikes against it could result in that object being driven or forced into the employee's body. A partial listing of common impalement hazards that must be guarded against are: reinforcing steel, steel stakes or rods, anchor bolts and electrical conduits. Simply stated, when an object has the potential of impaling workers, that object must be properly guarded. 1.11 HOT WORK A. Hot Work shall be permitted only after all precautionary steps have been completed as indicated therein. B. All combustible materials shall be removed from the vicinity of any spark producing or open flame activity. C. No welding, cutting or spark producing activity shall take place within fifty (50)feet of flammable fuel storage or fueling operations. D. The Trade Contractor shall erect flash screens or suitable fire resistant barriers where there is the possibility of exposing personnel or the general public to radiation emitting from arc welding or similar operations. 1.12 ELEVATED WORK - FALL PROTECTION A. A Fall Protection Plan must be developed by the Trade Contractor, Sub-Contractor, Supplier, Vendor for all work with a fall exposure of six (6)-feet or greater with a copy provided to the C. M. Project Manager and Safety Manager. B. Personal Fall Arrest Systems (PFA) (1) Only full-body safety harnesses are approved for use on this project as a part of a personal fall protection system. (2) Personal Fall Protection Systems shall be worn and used by all employees when working six (6) feet or more above the ground/floor or whenever working in a precarious position, unless other adequate fall protection (guardrails or safety nets) are provided. Neither a "Controlled Access Zone" nor a "Monitor-Type System" is permitted. This rule shall govern all employees on the Project. (3) All lanyards are to be as short as possible, but in no event longer than six (6) feet. Shock absorbing lanyards must be used unless a Self-Retracting Lanyard is in use. Wire rope lanyards shall not be used as connectors in a personal fall arrest system. C. Safety Harness and lanyard shall also be worn and attached to the manufacturer's approved anchorage when working out of aerial lifts and to vertical drop lines when working from suspended scaffolding. Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 9 of 36 revised 08/2010 D. Only one employee shall be attached to a vertical safety line at a time. E. When wire rope is used as guardrails providing fall protection, all connections and splices shall be loop-type connections. All wire rope clips used shall be constructed of forged steel rather than malleable steel. In addition, the installer of the wire rope system must carefully follow the manufacturer's instructions and specifications regarding the number of clips, spacing, clip size for a particular wire rope size and type, rope lay, and torque values. The installer must be able to show through engineering calculations and manufacturing specifications from both the manufacturer of the wire rope and the manufacturer of the clips that the guardrail is capable of withstanding without failure the intended strength factors of its intended function. All perimeter guardrail systems shall include toeboards throughout the entire system. Toeboards must be installed with a minimum of four(4) inches nominal height. F. All upright supports for the perimeter wire rope fall prevention support system must be placed on eight(8)ft. centers. G. Ten (10) ft. Leading Edge Policy — Any employee working on any elevated work platform or ladder within 10 feet of a leading edge cable guardrail system must be tied-off using a personal fall arrest system. H. Toe boards shall be placed at the perimeter of all elevated decks. Toe boards shall be installed and maintained by the Trade Contractor. I. All scaffold systems 6' and higher shall have full perimeter toeboard systems installed with a minimum 4" nominal height. J. When workers are positioned with a fall exposure of six (6) feet or greater, each contractor must designate and assure that their Competent Person for Fall Protection is present at all times during the conduct of such activities. 1.13 EXCAVATIONS A. The Trade Contractor shall obtain and maintain on site a Cal/OSHA Excavation Permit for excavations five (5) feet or greater in depth and shall transmit copies of permits to the C. M. Project Manager prior to the start of any excavation requiring a permit. B. The Trade Contractor's excavations shall comply with regulations in Title 8, Chapter 4, Subchapter 4, Article 6, Cal/OSHA Construction Standards. Special attention to atmospheric testing shall be taken. C. Protective systems in excavations over twenty (20) feet deep must be designed, stamped and signed by a registered professional engineer and be submitted to the C. M. Project Manager twenty-one(21)days prior to the start of excavations. D. Prior to commencing any excavation, five (5) feet or more in depth, the Trade Contractor shall submit to the C. M. Project Manager a detailed excavation plan showing the protective system to be used including but not limited to the following: trench shield, shoring system, bracing, sloping, de-watering provisions, etc. to be made for the protection of personnel. When the depth of such excavations exposes structural foundations of existing structures or adjacent surface encumbrances, the Trade Contractor shall include additional, appropriate protective measures for such structures or encumbrances in their excavation plan. All open excavations including trenches shall be kept dry at all times. All water encountered in excavations or trenches shall be removed by de-watering under the direction of the Trade Contractor's competent person. Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 10 of 36 revised 08/2010 E. The Trade Contractor shall locate and identify all utilities prior to the start of excavations. Equipment operators shall be briefed on the locations and types of utilities. When within five (5)feet of known utilities, hand digging is required. F. The Trade Contractor shall ensure that all excavations are inspected and documented as required in Article 6, Section 154 (k) of the Cal/OSHA Construction Safety Orders. G. The Trade Contractor shall submit the name(s) of the designated "Competent Person" to the Project Manager prior to the start of any excavation work. Supporting documentation indicating training and competency shall accompany the submitted name(s). H. While the excavation is open, the Trade Contractor shall protect underground installations and utilities by supporting, or removing as necessary. I. No excavating or work in excavations will be allowed without the Competent Person onsite during the full commencement of such activities. 1.14 HOUSEKEEPING / ORDERLINESS A. The Trade Contractor shall ensure compliance with the Housekeeping requirements of 29 CFR 1926, Subpart C, Safety and Health Regulations for Construction. In addition to the items specified in Subpart C, storage of materials shall not create a hazard. Bags, containers, bundles, construction materials and other equipment shall be stored in tiers, stacked, blocked or interlocked. They shall be limited in height so that they are stable and secure against falling, sliding, or collapse. B. The Trade Contractor shall use only storage areas designated by the C. M. Project Manager. C. The Trade Contractor shall keep exits, fire alarms boxes, fire extinguishing equipment, and any other emergency equipment accessible and clear of obstructions at all times. D. The Trade Contractor shall maintain construction sites in a manner that allows emergency vehicles and personnel suitable access to all areas. E. The Trade Contractor shall not allow construction debris to accumulate. All trash shall be removed from the site or contained in suitable covered dumpsters, trash bins or similar containers daily. This shall include packing materials, demolition debris, and scrap material, unused or unusable excavated material. If the Trade Contractor fails to comply, the C. M. Project Manager or designee will remedy the non-conforming situation and deduct costs incurred from monies owed the Trade Contractor. F. The Trade Contractor shall comply with Storm Water Management and Discharge, to prevent any discharges into the storm drain conveyance system. G. The Trade Contractor shall ensure that all areas where water may accumulate are protected to contain water, including wash water, in secondary containment for proper disposal. H. The Trade Contractor shall protect all storm drains in the immediate vicinity to prevent any unauthorized discharges from occurring during the project. 1.15 EXECUTION A. When the Trade Contractor is notified by the C. M. Project Manager and/or the C. M. Safety and Health Manager of any noncompliance with the provisions of the Contract and the action(s) Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 11 of 36 revised 08/2010 to be taken, the Trade Contractor shall immediately, after receipt of a either verbal and/or written notice, of violation, correct the unsafe or unhealthy condition. B. If the C. M. Project Manager or C. M. Safety and Health Manager becomes aware of any conditions that pose a serious or imminent danger to the health or safety of the public, owners and their representatives, or the Trade Contractor's personnel, the C. M. Project Manager or the C. M. Safety Manager shall notify the Trade Contractor orally, followed with written confirmation, and request immediate initiation of corrective action. C. If the Trade Contractor fails to comply promptly, the C. M. Project Manager or C. M. Safety Manager may stop all or any part of the work being performed with a Stop Work Order. When, in the opinion of the C. M. Project Manager, satisfactory corrective action has been taken to correct the unsafe and/or unhealthy condition, a Start Work Order will be issued immediately. D. The Trade Contractor shall not be allowed any extension of time or compensation for damages by reason of or in connection with such suspension of work. The Trade Contractor shall insert this clause, with appropriate changes in the designation of the parties, in all trade subcontracts. At no time shall the Trade Contractor be relieved of the responsibility to be aware of and correct any unsafe conditions. If the Trade Contractor fails to take corrective action, the C. M. Project Manager may cause the corrective action to be performed by a third party with the cost of such action being withheld from the next progress payment. E. If the Trade Contractor fails to submit the required safety and health submittals or any other required reports within the time specified within these documents or if the Trade Contractor fails to comply with applicable regulations or to take immediate corrective action when notified of a Safety and Health violation of Project Safety and Health Program rules and a Stop Work Notice has not been issued, the Owner may retain an amount equal to ten percent (10%) of the estimated value of the work performed during the month from the next submitted Progress Payment, except that such retention shall not exceed $10,000, nor be less than $1,000. 2.01 PREPARATION OF A SITE SAFETY AND HEALTH PROGRAM Full compensation for preparing a Site Safety and Health Program and for conforming to the provisions therein shall be considered as included in the prices paid for the various Contract items of work, and no separate payment will be made therefore. END OF SECTION Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 12 of 36 revised 08/2010 DESIGNATED COMPETENT PERSON ACKNOWLEDGEMENT FORM Definition A competent person means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees and has authorization to take prompt corrective measures to eliminate them. (29 CFR 1926.32(f)) Responsibility The designated competent person is responsible for recognizing and correcting safety hazards. This person has the authority to stop work in the event of any safety concern on the jobsite. The Trade Contractor Project Manager and the Trade Contractor's designated person(s) are required to complete and sign this form. When a Trade Contractor is responsible for multiple crafts, it may be necessary to maintain additional designated competent persons and forms. Acknowledgement i, representing, have Trade Contractor Project Manager Trade Contractor Name Assigned to be the competent person in the area of Competent Person (print name) Type of Work And I acknowledge that this individual has been thoroughly trained and is experienced in hazard Recognition and has the authority to stop work and correct hazards in the event of an imminent danger Situation. Trade Contractor Project Manager Date I acknowledge that I have been thoroughly trained to perform as a competent person in the area of For , and I understand that I have the Type of Work Trade Contractor Name Responsibility and authority to correct hazards and to stop work in the event of an imminent danger Situation. Competent Person Date Figure 1 —Competent Person Acknowledgement Form Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 13 of 36 revised 08/2010 INCIDENT REPORT FORM This form is to be completed for all incidents involving personal injury or property damage. Provide a legible copy to the C. M. Safety and Health Manager within eight(8) hours of the incident. Include photos and/or diagram of the location of the incident. Information gathered is intended to prevent possible recurrences of the incident and not to assign blame. Attention: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of the employee to the fullest extent possible while being used for occupational safety and health purposes. Section 1: Injured Employee Name of Employee: Last 4 digits of SSN: Address: City: State: ZIP: Phone number: Date of birth: Marital Status: Craft: Position: Section 2: Equipment or Material Damage Equipment or Material Damaged: Estimated $Amount: Third Parry Information: Estimated $Amount: Section 3: Employer Employer: Address: City: State: ZIP: Phone Number: Supervisor: Date of Hire: Section 4: Date of incident Time of incident AM/PM Date reported Time reported AM! PM Person reported to a. Location of Incident Witness Phone# Craft/ Position Witness Phone# Craft/Position Witness Phone# Third Party Figure 2 (page 1)—Incident Investigation Form Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 14 of 36 revised 08/2010 Section 5: What activity was being performed prior to the incident? Describe the activity, as well as any tools, equipment, or materials the employee was using. Be specific Example; Standing on 8'ladder changing light bulb. Digging a footing excavation with backhoe. What happened? Tell how incident happened, Example:Ladder slipped on wet floor. Employee fell to ground level. Employee landed on wrist breaking the bone. Digging a footing excavation with backhoe and struck unmarked 6"water lip breaking the line in two. Part of body injured? Tell what part of body and extent of injury. Be more specific than "hurt, pain, or sore." What object or substance directly harmed the employee, equipment, or material? Examples:concrete floor, radial arm saw,flying debris (concrete, metal shaving) Section 6: Contributing Causes: Root Causes: Corrective Actions: What corrective actions have been taken to prevent a reoccurrence? Person responsible for implementing corrective actions: Title: Section 7: Medical Treatment ❑ On site first aid only. Name of First Aider: ❑ Medical Attention-Name of Medical Provider: Name of Dr.: ❑Restricted duty (#of days) ❑ Days away from work(Lost Time#if days) ❑Hospitalization ❑ Near Hit/Miss (no medical treatment) Supervisor Date Project Manager Date Additional Comments: Figure 2(page 2)—Incident Investigation Form Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 15 of 36 revised 08/2010 MONTHLY INJURY/ILLNESS/NEAR HIT INCIDENT REPORT (To be completed and submitted by the 7th day of each month) FOR THE MONTH OF: PROJECT NUMBER: PROJECT NAME: PROJECT LOCATION: TRADE CONTRACTOR OR SUB CONTRACTOR NAME &ADDRESS: TELEPHONE NO.: FAX NO.: HOURS WORKED (total hours charged to project): LOST TIME CASES (OSHA Recordable): RECORDABLE CASES (OSHA): LOST WORK DAYS (only scheduled work days): CARRY OVER LOST WORK DAYS: TOTAL LOST WORK DAYS: NEAR HIT: COMMENTS: PREPARED BY: DATE: Figure 3—Monthly Injury/Illness/Near Hit Incident Report Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 16 of 36 revised 08/2010 HOT WORK CHECKLIST This checklist is to be completed whenever welding, cutting, grinding, soldering, heating, spark producing or open flame work is performed. Area Building Contract Job Description Trade Contractor Yes No N/A Prework Inspection Checklist Flammable liquids/solids removed Combustibles removed or protected (within 35 feet) Wall, floor, tank, storm sewer openings covered Service piping, electrical protected Flammable/combustible/toxic material removed from surface to be heated Ventilation/exhaust adequate Hoses, torches, welding equipment in good condition Compressed gas/LPG bottles properly located /secured Nearest Fire Alarm box located Fire extinguisher provided. Inspection tag current Is a Firewatch required/assigned Flash/welding screen required—installed This is valid until (Single shift only) on 20_ Trade Contractor Superintendent Date: Trade Contractor Site Safety Representative Date: Figure 4-Hot Work Checklist Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 17 of 36 revised 08/2010 PRE-PHASE PLANNING–JOB HAZARD ANALYSIS (JHA) AND SAFETY TASK ASSIGNMENT(STA) A. SCOPE This procedure outlines the purposes for and method of pre-phase planning—Job Hazard Analysis (JHA) and Safety Task Assignment(STA)that are required for each division of work operation, not only by the Trade Contractor, but also for each sub-contractor, Supplier or Vendor as well. An approved plan must be obtained and the individual workers given their Safety Task Assignment before any phase of work is allowed to begin on this project. B. PURPOSE The purpose of incident prevention pre-planning is to prevent the unsafe acts of personnel and the resulting unsafe conditions likely to occur, and to make sure each Trade Contractor performing an operation will have the necessary material, tools, equipment, and properly trained workers on hand when needed. Due to the speed at which construction jobs proceed, it does not allow a single operation to continue long enough to become safe through trial-and-error. To cope with safety and health problems peculiar to our industry, this procedure has been established so construction supervision and management can pre-determine the hazards, develop an appropriate plan to prevent the hazards from becoming injuries and illnesses, and give workers actually performing the operation detailed safety and health instructions prior to the operation beginning. C. RESPONSIBILITY It is the responsibility of the C.M. Project Manager to insure that Pre-phase Planning–Job Hazard Analysis and Safety Task Assignment are done for all Phases of work operations and activities performed on this project, both by the Trade Contractor and each Trade sub-Contractor, Supplier or Vendor. 1. Pre-phase Job Hazard Analysis(JHA's)will be developed by the field supervisory.personnel who will be actually running the job(s)or operation(s)that is/are being pre-planned. This analysis will be done using the attached "Job Hazard Analysis"form. 2. The supervisory personnel referenced in C.1 for each respective trade Sub-Contractor, Supplier or Vendor, and/or the Trade Contractor supervisory personnel,will consult and coordinate the preparation of pre-phase plans with the Trade Contractor project superintendent to insure acceptable plans. In addition, the plan will be reviewed and updated at reasonable periods of time to include unanticipated hazards and changes in job conditions. a. Should the supervisory personnel change during the course of an operation or phase of work, the replacement supervisor must review with his superintendent the JHA for the work he is about to supervise and either continue with the original plan or recommend revisions to his superintendent. b. The Trade Contractor superintendent and C.M. Safety and Health Manager must approve all JHA revisions. Figure 5(page 1)-PRE-PHASE PLANNING–JOB HAZARD ANALYSIS (JHA) AND SAFETY TASK ASSIGNMENT(STA) Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 18 of 36 revised 08/2010 3. The supervisory personnel referenced in CA for each respective Trade Contractor will personally give Safety Task Assignment (STA) training to his workers concerning the details of the job hazard analysis (JHA) which he helped develop. This will also include lining up the proper tools and equipment for the training and the actual work to be performed. a. These supervisory personnel will give STA training to each new worker assigned to the crew and this will be done prior to putting that new worker into his new job or operation. 4. Pre-phase planning and Job Hazard Analysis (JHA) is to be done a few weeks prior to the actual beginning of the particular phase of work. It should never be attempted to be done en masse for all phases of the entire project before the project begins as a part of the pre- construction planning. Instead the Risk Assessment Guidelines will be utilized during pre- construction. D. PRE-PHASE MEETING After the responsible supervisory personnel have completed their necessary preparations and have a pre-phase Job Hazard Analysis (JHA) written out on the attached form, the Trade Contractor project superintendent, or supervisor for the Sub-Contractor, Supplier or Vendor will be called to attend a pre- phase meeting. This meeting will always be attended by the direct supervisory personnel of the Trade Contractor submitting the plan, the Trade Contractor superintendent and Trade Contractor foreman or leadman responsible for that particular phase of work, and C.M. Safety and Health Manager. Copies of the written plan will be distributed to all those present, and the originator of the plan will be asked to go down his list of items explaining each one as he goes and allowing questions and comments from all those present. The final decision either to accept the plan as written, or revise the submitted plan rests with the C.M. Project Safety and Health Manager. Under no circumstance is work to begin without first going through this procedure and having the Job Hazard Analysis (JHA) approved and the safety task assignment(STA) instructions given to the workers. 1. Each phase of work on this project will utilize the pre-phase planning—Job Hazard Analysis (JHA) and Safety Task Assignment(STA). There are no operations on this project that will be exempt from conforming to this procedure. E. SAFETY TASK ASSIGNMENT(STA) Before assigning a worker to any job, new or repetitive, his direct supervisor must give him the Safety Task Assignment(STA)—this is, showing and explaining to him the safety and health precautions and action(s)that must be taken before proceeding with the task. This briefing is to include an explanation of the hazardous materials to which the worker may be exposed, as well as a review of the applicable MSDS. The information that the supervisor is relaying to the worker is the same information, which he assisted in developing in the Job Hazard Analysis(JHA)for that particular operation. The supervisor must assure necessary time is allocated before assigning new workers to a crew(s)to give them their STA. A very important part of the STA is asking the workers who will be putting this phase of work into place their opinions on ways this plan can be improved, and also if they can think of a safer and more productive method of doing this operation. All feedback from the workers that would improve the JHA must be used to modify the JHA to include those improvement items. Figure 5 (page 2) -PRE-PHASE PLANNING—JOB HAZARD ANALYSIS (JHA) AND SAFETY TASK ASSIGNMENT(STA) Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 19 of 36 revised 08/2010 JOB HAZARD .ALYSIS _ Project Location: Company Name Analysis By: Phase of Work: Date STAB Given to Workers: Page:_of Date of Pre-phase Meeting: Contract/Job No. Superintendent Approval: UNSAFE OPERATION/ PREVENTATIVE OR ACTIVITY/OPERATION ACTION OR HAZARD CORRECTIVE ACTION Figure 5 (page 3) - Pre-phase Planning -Job Hazard Analysis(JHA) and Safety Task Assignment(STA) *Safety Task Assignment must accompany this document Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 20 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 1. Safety and Health Committee Safety and Health Committee meetings held regularly ❑ ❑ Safety and Health meetings attended by supervisors, craft ❑ ❑ Foremen and sub contractors Effective meeting agenda and format prepared ❑ ❑ Meeting minutes filed and distributed as required ❑ ❑ Foreman's toolbox safety and health meeting held weekly ❑ ❑ Special safety and health meetings held when necessary ❑ ❑ Safety and Health Committee effective ❑ ❑ 2. Employee Training Safety and Health Orientation held for new employees ❑ ❑ Sufficient Safety Task Assignment(STA) ❑ ❑ instruction given in recognition and avoidance of job hazards, unsafe conditions, and job rules, regulations and procedures Sufficient instruction in proper use and maintenance ❑ ❑ of tools, equipment, and personal protective equipment Employees instructed to report unsafe or ❑ ❑ hazardous condition to proper job supervisor Employees instructed to promptly report injury, ❑ ❑ illness and incidents involving damage to equipment and materials and also near hits 3. Personal Protective Equipment(PPE) Sufficient equipment provided, used and maintained ❑ ❑ Hard hats worn by everyone ❑ ❑ Proper eye and face protection used ❑ ❑ Proper respiratory protection used ❑ ❑ Ear protection provided ❑ ❑ Protective clothing worn , i.e., Reflective Vests ❑ ❑ Figure 6 (page 1) -CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 22 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 4. Orderliness and Sanitation Office facilities ❑ ❑ Warehouse and tool rooms ❑ ❑ Outdoor storage areas ❑ ❑ Working areas not cluttered ❑ ❑ Company and employee vehicle parking areas ❑ ❑ discarded Passageways, stairs, walkways, roads, and fire ways ❑ ❑ kept clear Adequate lighting and ventilation provided ❑ ❑ Projecting nails, wire, bolts etc. removed ❑ ❑ Containers provided for waste, used paper cups, scrap ❑ ❑ and debris Covered metal containers—clearly marked for disposal ❑ ❑ of oily rags and other flammable caustics, chemicals, toxic wastes and materials- provided and used Drinking containers sanitary, tightly capped, clearly ❑ ❑ marked for use; cup dispenser provided 5. First Aid/CPR/AED and Medical First Aid kit and supplies maintained ❑ ❑ First Aid/CPR/AED trained by person with valid certificate ❑ ❑ All injuries and illnesses reported and logged ❑ ❑ Incidents investigated to prevent recurrences ❑ ❑ 6. Fire Protection and Prevention Fire plan and emergency alarm system, signals ❑ ❑ instructions posted Fire department phone number posted ❑ ❑ "No Smoking"signs posted and enforced where ❑ ❑ necessary Sufficient fire extinguishers available, fully charged ❑ ❑ Fire extinguishers inspected monthly ❑ ❑ Figure 6 (page 2) -CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 23 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 7. Fire Protection and Prevention (continued) Durable tag shows annual maintenance or recharge ❑ ❑ date and initials of person performing service Replacement extinguishers properly stored ❑ ❑ All employees trained in proper use of extinguishers ❑ ❑ 8. Welding and Cutting Operations Screens, shields or eye protection provided and ❑ ❑ used to protect employees from welding operations Personal protective equipment/clothing worn ❑ ❑ Equipment inspected before use ❑ ❑ Electrical equipment grounded ❑ ❑ Power cables protected and in good repair ❑ ❑ Gas lines protected and in good condition ❑ ❑ Power cables and gas lines properly located to ❑ ❑ prevent tripping and falling hazards Dry chemical fire extinguisher within 30 feet ❑ ❑ Exposed combustible materials removed to safe ❑ ❑ location or properly protected from sparks Adequate lighting and ventilation provided ❑ ❑ Machines turned off at end of shift or when not in ❑ ❑ for extended periods Cylinders safely located or protected from exposure ❑ ❑ to sparks Cylinders turned off at when not in use ❑ ❑ Cylinder Storage: All cylinders clearly marked and identified ❑ ❑ Platforms in good repair and marked for ❑ ❑ full and empty cylinders Located at least 20 feet from work areas ❑ ❑ and unrelated combustible material Figure 6 (page 3)-CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 24 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 9. Welding and Cutting Operations (continued) Cylinder Storage (continued): Oxygen and fuel gas cylinders must be ❑ ❑ separated from each other by at least 20 feet All burning torches bled free of oxygen and ❑ ❑ acetylene and/or other gases during lunch breaks and other extended periods of time 10. Electrical Power tools, portable tools, electrical equipment, ❑ ❑ fans and extension cords in good condition Cords and cables protected against damage and ❑ ❑ kept clear of work spaces, walkways, etc. to prevent tripping and or falling hazards Temporary lights equipped with guards and heavy ❑ ❑ duty cords and maintained in safe condition Fire hazards checked, proper extinguishers available ❑ ❑ 11. Portable Ladders (straight,extension and step) Inspected and in good condition ❑ ❑ Properly secured top and bottom ❑ ❑ All straight and extension ladders equipped with safety ❑ ❑ shoes and/or blocked off in use Rail extend at least 36 inches above landing or ❑ ❑ work platform Step ladders fully open when in use ❑ ❑ Metal ladders not used around electrical hazards ❑ ❑ Defective ladders tagged and removed from the work ❑ ❑ area Properly maintained and stored ❑ ❑ Ladder areas barricaded when required ❑ ❑ Figure 6(page 4)-CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 25 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 12. Scaffolding Erected under proper supervision ❑ ❑ All structural members adequate for use ❑ ❑ All connections adequate, pins, cross bracing ❑ ❑ Safely tied to structure ❑ ❑ Access ladder provided and used ❑ ❑ Defective and damaged parts, planks, etc. discarded ❑ ❑ Ladders and working areas kept free of debris, ice, ❑ ❑ snow, chemicals and grease Complete platform planks, close together and ❑ ❑ overlapped by at least 12 inches or secured by wire Guard rails, mid-rails, and toe boards installed on all ❑ ❑ open sides of platforms 7Y feet and over in height Frequent inspections by competent person made ❑ ❑ 13. Material Storage and Handling Material safety data sheets (MSDS) as required by ❑ ❑ federal/state right-to-know laws Neat storage area, clear passageways ❑ ❑ Materials located to minimize re-handling and reduce ❑ ❑ transport distances Power equipment used to handle heavy or awkward ❑ ❑ loads Storage platforms, skids, bins, shelves, etc. in good ❑ ❑ repair Protruding nails and wires removed and rough metal ❑ ❑ edges protected before material is handled Lifting weights known before handling ❑ ❑ Employees using proper lifting methods, picking up ❑ ❑ load correctly Proper number of employees for each operation, ❑ ❑ physically suited for task Tag lines used to control loads ❑ ❑ Figure 6 (page 5)-CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 26 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 14. Material Storage and Handling (continued) Protection provided against falling hazards ❑ ❑ Extinguishers and other fire protection available ❑ ❑ Combustibles, flammables, and other unrelated ❑ ❑ materials separated and clearly identified "No Smoking" signs posted where necessary ❑ ❑ Safe loading limits observed ❑ ❑ 15. Concrete Construction Forms properly installed and braced ❑ ❑ Adequate shoring used and cross braced ❑ ❑ Shoring remains in place until strength is attained ❑ ❑ Proper curing period and procedures observed ❑ ❑ Heating devices checked, necessary permits obtained ❑ ❑ Mixing transport equipment supported and traffic ❑ ❑ planned and routed Adequate runways, walkways guarded, etc. ❑ ❑ Employees wear full clothing, safety shoes ❑ ❑ Hard hats, safety glasses, gloves, boots, goggles ❑ ❑ and respirators provided for protection from cement dust 16. Steel Erection Safety nets used if required ❑ ❑ Hard hats, eye protection, safety harnesses, ❑ ❑ safety shoes, gloves and full clothing worn Tag lines used for hoisting tools and materials ❑ ❑ Ladders, stairs, or other safe access provided ❑ ❑ Hoisting apparatus checked ❑ ❑ Good housekeeping, welding, and rigging practices ❑ ❑ observed Fall Protection Plan (Available, adequate, known, ❑ ❑ understood, followed) Figure 6 (page 6)-CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 27 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 17. Masonry Work Proper scaffolding erected and sections vertically ❑ ❑ pinned to prevent uplift Masonry saws properly equipped (wet cut, air ❑ ❑ filtering system) Hard hats, eye and face protection, HEPA dust ❑ ❑ respirator fit tested and provided Good housekeeping and rigging practices observed ❑ ❑ 18. Hoists, Cranes and Derricks Cables and sheaves free of excessive wear and abrasions ❑ ❑ Slings and chains, hooks and eyes, have no evidence ❑ ❑ of defects, excessive wear and damage Rated load capacities and operating instructions ❑ ❑ posted and visible to operator Illustration of the crane hand signals posted, ❑ ❑ understood and observed Equipment firmly supported ❑ ❑ Outriggers used if needed ❑ ❑ Power lines inactivated, removed or at a safe ❑ ❑ distance as required by local/state regulations Proper loading for capacity at lifting radius ❑ ❑ All equipment properly lubricated and maintained ❑ ❑ Signalmen where needed ❑ ❑ Area barricaded or roped off where necessary ❑ ❑ Tag lines used on swinging loads ❑ ❑ Equipment equipped with portable fire extinguisher ❑ ❑ (513C rated) Figure 6 (page 7)-CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 28 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 19. Hand Tools Proper tool used for each job ❑ ❑ Tools neatly stored, carried safely ❑ ❑ All wrenches checked for wear defects to prevent ❑ ❑ slippage Impact tools, hammers, drift pins,wedges, chisels, etc. ❑ ❑ kept free of mushroomed heads Wooden handles of tools kept tight and free ❑ ❑ of splinters or cracks Damaged or defective tools tagged and taken out ❑ ❑ of service Company and employee personal tools inspected ❑ ❑ and maintained 20. Power Tools Tools and cords in good condition ❑ ❑ Electric tools properly grounded ❑ ❑ Hand-held tools equipped with constant pressure ❑ ❑ switch All tools equipped with required mechanical guards ❑ ❑ Fuel-powered tools stopped while being refueled ❑ ❑ Proper personal protective equipment provided and used ❑ ❑ Right tool used for the job ❑ ❑ Tools neatly stored when not in use ❑ ❑ Damaged or defective tools tagged and removed ❑ ❑ from work Frequent inspections made ❑ ❑ Figure 6 (page 8) -CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 29 of 36 revised 08/2010 CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Item Satisfactory Unsatisfactory Action(s)Taken 21. Heavy Equipment Regularly Inspected and maintained ❑ ❑ Moving parts lubricated and repaired ❑ ❑ Lights, brakes, warning signals (back-up alarms) operative ❑ ❑ Wheels chocked when necessary ❑ ❑ If required, equipped with seat belts ❑ ❑ Fire extinguisher(5 BC rated) provided ❑ ❑ 22. Equipment upkeep Planned maintenance and inspection program used ❑ ❑ Adequate equipment records kept ❑ ❑ Proper oils, fuels, lubricants used ❑ ❑ 23. Incident Prevention Signs and Tags Caution signs provided and used to warn against ❑ ❑ potential hazards or to caution against unsafe practices Safety instruction signs provide and used for general ❑ ❑ instructions and suggestions Signs and tags in accordance with standard specifications ❑ ❑ Signs removed promptly when danger or hazard no ❑ ❑ longer exists 24. Barricades Warning barricades (i.e. high-visibility synthetic tape ❑ ❑ or yellow pipe on posts, etc.)which alert personnel to hazard provided and used Protective barricades (i.e. wood posts and rail, cable ❑ ❑ rope, etc.)which warn as well as protect personnel, provided and used Name of Trade Contractor Print and Signature of Trade Contractor Site Safety Representative Date of Inspection Figure 6 (page 9) -CHECKLIST FOR JOB-SITE SAFETY AND HEALTH PROGRAM Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 30 of 36 revised 08/2010 Balfour Beatty Construction SHE Project RISK ASSESSMENT PROCESS GUIDANCE PURPOSE: The purpose of this project risk assessment process is to ensure Balfour Beatty Construction has adequate controls in place to manage its SHE aspects for the entire project, thereby ensuring the company is not exposed to unacceptable risks through out the life of the project. Job Hazard Analysis (JHA)s must be utilized and developed for common project work activities; the JHAs must be reviewed for the specific task at hand and any additional control measures identified and adopted prior to the commencement of that task. Draft BBC Risk Assmt Tool M.As PROCESS: The project risk assessment process is illustrated below: ............................................................................................................................................................... From interviews,tour,document review, Gap Analysis etc.Obtain direct input from cross- functional team where possible ` ar Action Planning ......... Step F Repeat steps A through D utilizing a new project risk assessment ...................: •........................................................... worksheet for complex or sensktve Note: This process can be completed by an individual, although it may be best carried out using a cross-functional team, ensuring a broad perspective and rigorous process. Figure 7 (page 1)-SHE Project RISK ASSESSMENT PROCESS GUIDANCE Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 31 of 36 revised 08/2010 Step A: Identify relevant SHE hazards and aspects and customize risk assessment spreadsheet template. Al) Review the risk assessment concept and exercise instructions as described in this guide. A2) List out the activities of the operation and associated operational processes to establish the scope of the risk assessment. • A good way to document all the activities is to use a site map and process flow sheet. This can help to drive the risk analysis and efficiently set the scope of risk assessment. • However, it is important to remember that SHE aspects can include off-site activities and impacts (e.g., delivery of raw materials, off-site disposal of waste). • Consider site/project-specific regulatory requirements. Any regulated activity presents some degree of risk. • Also, Benchmark from past similar projects to identify regulatory requirements. A3) Modify standard/generic EHS aspects from the risk assessment worksheet (column B) as needed based on a review of the site-specific activities per A2 above -- adding, modifying or deleting aspects as appropriate. Step B: Assess the frequency, severity and controls for each SHE aspect, completing spreadsheet using rating guidance. For each aspect (using the worksheet): 131) Document the nature of each in column D—e.g., how much of something, what parts of the operation it comes from, who is affected, how often it occurs or under what circumstances, potential implications to the business, etc. Use the prompts in column C to help think through the nature of each hazard and aspect. 1312) Document the nature of the "controls" in place to manage the hazard or aspect in column F — e.g., engineering controls (containment, machine guarding, personal protective equipment) and administrative controls (e.g., training, inspections, work permits, procedures). Use the prompts in column E to help think through the nature of the controls for each aspect. 133) Rate the frequency for each hazard and aspect using column G. Use the 1 to 4 scoring criteria defined in Table 1 (where 1 is rare and 4 is the continuous/daily). 134) Rate the severity for each hazard and aspect using each of the two hazard categories in columns H and I: (1) potential impacts to people and the environment and (2)potential impacts to the business (including compliance impacts, cost impacts, and reputational impacts). • Use the 0 to 3 scoring criteria defined in Table 1 (where 0 is the least potentially severe and 3 is the most potentially severe). • When scoring the hazards, ask yourself the following question: "what would happen if the controls that should be in place fail or do not work?" 135) Rate the quality and effectiveness of the controls for each hazard and aspect in column K. • Use the 1 to 4 scoring criteria defined in Table 2 (1 is well controlled and 4 is not controlled). • In some cases, ABC may have only limited ability to control the hazard, but that should not be factored into the risk assessment at this point. 136) As time allows, identify opportunities to reduce the hazard (eliminating the source of hazard, substituting with less harmful substances, changing the process, etc.) or strengthen the controls (secondary containment, fencing, alarms, monitoring equipment, training, procedures, inspections, etc.) in column N. Figure 7 (page 2) -SHE Project RISK ASSESSMENT PROCESS GUIDANCE Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 32 of 36 revised 08/2010 Step C:Determine priority risks and identify specific improvement opportunities to mitigate them Cl) Before calculating the overall risk scores (there are two methods, calculated automatically in columns L and M)—go through a quick exercise to document your (or the team's) "instincts" as to what the greatest risks are (building on personal experience and the work done in this exercise). Use a flip chart as appropriate. • The identified SHE Aspects with the highest risk scores (are in the upper right hand comer of the Risk Profile) or which are complex or sensitive risks will require an additional risk assessment process. L Complex or sensitive risks include projects that are utilizing new construction materials and/or technology, are a governmental buildings, and/or highly visible to the public. C2) Complete the risk assessment calculations and calibrate those mathematical results (columns L and M) with the "instincts"just identified in Step C1. Using the Risk Profile, identify the most significant risks. C3) For each priority risk, as time allows, spend a little more time identifying potential risk mitigation opportunities building on the content initially developed content in column N (reducing hazard or improving controls). Step D: Project risk assessments must be reviewed and approved by the appropriate Divisional Leaders. 131) All project risk assessments must be reviewed and approved by the project's Divisional Business Unit Leader. D2) All projects which require additional risk assessments due to the identified high risks or complex/sensitive projects must be reviewed and approved by the project's Divisional Executive Vice President of Operations. Step E: Project risk assessments must be reviewed during the Pre-Mobilization phase of the Project and at least bi-annually to identify any new or changed risks. E1) The original individual or team which completed the specific project risk assessment must review and sign off on the original risk assessment at least bi-annually during the course of the project to identify any significant changes to the SHE risks, improvement opportunities, or new risks to the project site. E2) The original project risk assessment must be updated to include the changes identified during the bi-annual review process. Figure 7 (page 3)-SHE Project RISK ASSESSMENT PROCESS GUIDANCE Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 33 of 36 revised 08/2010 Step F.Repeat Steps A through D utilizing a new risk assessment worksheet for all complex or sensitive risks identified during the original project risk assessment. F1) Using a blank risk assessment worksheet, list out the high risk or sensitive activities of the operation and associated operational processes to establish the scope of the secondary risk assessment. • External expertise (i.e. architects, engineers, consultants or manufacturers) may be needed to help identify opportunities to reduce the hazards associated with these risks. • Benchmark with other construction companies who may have worked on similar projects to help identify risk mitigation efforts. Table 1—Frequency Rating Guidance Rating Quality and Effectiveness of Controls 'Guidance 1 Rarely: • People or properties are exposed to this risk rarely (e.g.,we have few if any confined spaces and almost never enter them, civil conflict occurs very rarely). • The environmental aspect occurs rarely(e.g., it would be unusual or rrare for us to have/use equipment containing PCBs). 2 Infrequently: • People or properties are exposed to this risk infrequently (e.g., extreme weather conditions or blasting occur only several times per year). • The environmental aspect occurs infrequently (e.g., our activities cause us to create/dispose of hazardous waste only several times per year). 3 Periodically, often: • People or properties are exposed to this risk on periodic basis (e.g., welding/hot work which may happen a few times per month). • The environmental aspect occurs on a periodic basis (e.g., stormwater discharges which may happen every week or two). 4 Continuous, daily: • People or properties are exposed to this risk on a daily basis(e.g., working on machinery that has the potential to be unguarded, mobile equipment, walking and working surfaces, night work). • The environmental aspect occurs all the time(e.g., combustion byproducts from drilling and mobile equipment, dust emissions, electricity consumption, solid waste generation) Figure 7 (page 4)-SHE Project RISK ASSESSMENT PROCESS GUIDANCE Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 34 of 36 revised 08/2010 Table 2—Severity Rating Guidance Rating Potential Impacts to People Potential Impacts to the Business Guidance and the Environment (Regulatory Compliance, Cos4 Reputation) No measurable effect on people (those Not regulated, no potential for non- 0 working onsite or neighbors/other compliance. stakeholders)and/or the environment. No cost impact. No effect on reputation. Potential for localized and limited effect that Not regulated, no potential for non- is quickly reversed. compliance. • HEALTH &SAFETY: Minor employee or Cost impact, but not material or neighbor illness or injury; would not likely disruptive to business. result in any significant lost time. Reputation impacts to a few local and • ENVIRONMENTAL: Limited impacts to relatively low priority stakeholders. the environment that have limited and relatively quickly reversible effects. Potential for more widespread and Regulated, potential for non-compliance. 2 significant impact that is not quickly or easily reversed Material cost impact, minor business loss due to delay, stoppage or damage to • HEALTH & SAFETY: Lost-time injuries or property. credible 3`d party health claims. Local and national reputation impacts to • ENVIRONMENTAL: Offsite local and national stakeholders and will environmental impacts that are not likely impact their decision-making; quickly or easily reversed causes adverse media attention_ Potential for very serious and sustained Regulated, potential for non-compliance, 3 damage a focus area for regulators. • HEALTH & SAFETY: Potential for Material cost impact, major loss due to fatalities among employees and/or delay, stoppage or damage to property neighbors. that will seriously impact business results. • ENVIRONMENTAL: Sustained or catastrophic impacts causing widespread Serious damage to reputation to local, and irreversible environmental damage. national and international stakeholders, directly impacts license to operate and commercial performance; causes adverse international media attention. Figure 7(page 5)-SHE Project RISK ASSESSMENT PROCESS GUIDANCE Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 35 of 36 revised 08/2010 Table 3— Controls Rating Guidance Rating Quality and Effectiveness of Controls Guidance 4 No controls in place, • HEALTH & SAFETY: People not aware of or trained to manage hazards, no procedures or engineered controls in place (such as machine guards, personal protective equipment, etc.).History of non-compliance and frequent incidents or near misses. • ENVIRONMENTAL: No engineered controls in place(such as containment devices, spill response equipment, tank leak detection, etc.). 3 Some administrative and engineered controls in place, however extent is limited (e.g., there are no redundant controls)and they are not consistently maintained or applied. • HEALTH & SAFETY: Awareness and identification of basic hazards and some simple procedures, basic training of employees, inconsistent use of personal protective equipment(PPE). • ENVIRONMENTAL: Some procedures and technology in place, but limited control of pollution and higher ratio of resource consumption and waste given work activity level than rest of company/industry. Incident history (including near misses), inspection/audit results or stakeholder actions demonstrate shortcomings in performance. 2 Administrative and engineered controls in place and are generally effective. a single failure in a control unlikely to lead to an incident. • HEALTH & SAFETY: Identification and procedures defined and in place for all hazards, advanced training for employees and contractors, consistent use of PPE. • ENVIRONMENTAL: Procedures, pollution control equipment, technology, prevention plans and monitoring in place. However, incident history (including near misses), inspection/audit results or stakeholder actions indicate some ongoing exposures and modest gaps in performance. 1 Engineered controls in place and well-maintained, well-established standard operating procedures, high level of awareness among employees and contractors • HEALTH &SAFETY: Behavior-based training programs in place for employees and contractors, evidence of a"health and safety culture" among employees and contractors, advanced training and consistent use of PPE and application of procedures. • ENVIRONMENTAL: Best available technology (BAT)to physically prevent adverse impacts, frequent monitoring, programs/investments in eco-efficiency or industrial ecology to minimize resource consumption and waste. Sustained history of demonstrated control based on lack of incidents and near misses. Figure 7(page 6)-SHE Project RISK ASSESSMENT PROCESS GUIDANCE Ruben Castro Human Services Center 00810 Site Safety and Health Program City of Moorpark Page 36 of 36 revised 08/2010 DOCUMENT 008200 BUILDING INFORMATION MODELING (BIM) COORDINATION PLAN PART 1 —GENERAL 1.1 DEFINITIONS Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined: A. The term "CONTRACT" means the Contract executed by the Owner and/or Client and the Contractor, of which these GENERAL CONDITIONS, form a part. B. The term "BIM" OR "MODEL" or "BUILDING INFORMATION MODEL" is a digital representation of the physical and functional characteristics of the Project and is referred to in this Exhibit as the "Model(s)", which term may be used herein to describe a Model Element, a single Model or multiple Models used in the aggregate. "Building Information Modeling" means the process and technology used to create and test the model(s). These electronic file(s) contains the virtual, representation of the project as outlined in this contract exists (2D and printed information does not fall under this portion of the contract). These electronic files are to be edited, shared and distributed per the terms defined in this contract. C.The term "CONTRACTOR" means the person, firm or corporation entering into the Contract with the Owner and/or Client to construct and install the improvements embraced in the General Conditions. D. The term "MODEL COORDINATOR" means MODEL COORDINATOR who is the person, firm or corporation contracted by the General Contractor or Owner to distribute, construct, revise and update the model as specified in this agreement. E. The term "MODEL USER" means a person, firm or corporation entering into the Contract with the General Contractor to construct, revise and distribute the model for analysis, testing and coordination as specified in this agreement. F. The term 'PROJECT' means the construction work to be completed, RUBEN CASTRO HUMAN SERVICES CENTER within which are the specified Contract limits of the improvements contemplated to be constructed in whole or in part under the General Conditions portion of this Contract. G. The term "DESIGN PROFESSIONAL" means DESIGN PROFESSIONAL, who is the Engineer or Architect of record in charge, serving the Owner with architectural or engineering services, his successor, or any person or persons employed by said Owner for the purpose of directing or having in charge the work of Contract Documentation as embraced in this Contract, the said Engineer acting directly or indirectly through any Assistant Engineer having general charge Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 1 of 13 of the work or through any assistant having immediate charge of a portion thereof limited by the particular duties entrusted to him. H. The term "DESIGN MODEL" means and shall include the following (but is not limited to): Architectural BIM, Structural BIM, Mechanical BIM, Electrical BIM, Plumbing BIM, Civil BIM, Fire Protection BIM, Equipment BIM and Other Consultant(s) BIM as delivered by the Design Professional to the Model Coordinator. This document recognizes that all Design Models are to be used as "reference only" and are secondary and supplemental to the Contract Documents as defined in the General Conditions. I. The term "FABRICATION MODEL" means the model as delivered to the Model Coordinator as supplemental or in lieu of 2D shop drawings as defined by the terms in this contract. The Fabrication Model shall include (but is not limited to): Structural Steel BIM, Ductwork BIM, Piping BIM, Pre-Cast Panel BIM, Foundation BIM, Specialty Equipment BIM, Conduit BIM, Telecom BIM or Other BIM to be used for field construction. J. The term "CONSTRUCTION MODEL" refers to the composite model which is to be developed and maintained by the General Contractor's or Owner's Model Coordinator. The Construction Model will at any time contain models as delivered or provided by the members of the project team. This model will be used for coordination and issue distribution to responsible project parties. Additionally, this model is to be updated as defined in this contract to reflect the "as-built" conditions of the construction project. K. The term "MODEL LOCKING" refers to the order in which system precedence is established when systems are tested versus adjacent or conflicting systems during the Clash Detection Reporting stage of the Project. This hierarchy is established as a means of eliminating duplicate shifts and reduces the amount of BIM rework on a Project. L. The term "RECORD MODEL" means the delivered Construction BIM via all related electronic BIM files and appurtenant files to the Owner as defined by the terms in this contract. 1.2 GENERAL BIM REQUIREMENTS A. The Contractor shall develop and maintain BIM Coordination in conjunction with the Design Team and Subcontractors, the scope of work contained in the Contract. The purpose of this MODEL COORDINATION PLAN specification shall be to: 1. Assure sufficient due diligence has been researched through any necessary 3D, 4D and 5D software tools available for Site Logistics planning, Site Safety and Environmental Protection. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 2 of 13 2. Assure that Level of Detail (LOD) is consistent and shared among the project team as directed by the Construction Manager. 3. Assist in project coordination through means of a digital 4D Phasing Model which is to show scope linked to the Project Schedule to validate construction sequencing and identify conflicts prior to construction. 4. Assist in mitigating in-field construction conflicts through a Clash Detection Report. 5. Assure that Trade Fabrication Models are as fully coordinated as possible prior to construction with other systems and trades. 6. Assist in providing In-Field Digital Resources through on-site software and hardware coordination tools. 7. Assist in Project Punch List Item management through in-field software and hardware coordination tools. 8. Assist in delivering completed single BIM file as-constructed documentation to the Owner at Project Closeout to use for Facility Management related tasks and future documentation needs. B. The Work shall be prosecuted at such rate as will insure meeting the specified Milestone dates within the Contract Time. By execution of the Contract, the Contractor represents he has analyzed the work, the hardware and software involved, the systems of the building, availability of qualified labor, restrictions of the project, constraints imposed, their own workload and capacity to perform the work, and agrees that the specified deliverables are reasonable considering the file types, scope of modeling, sequence of resolution and other factors, with reasonable allowance for variations due to unforeseen project changes. C. The work under this Contract will be planned, scheduled, executed and reported using this specification and the Model Coordination Plan (hereinafter referred to as MCP), which is to contain the BIM project schedule as defined in section 1.413. D. The Contractor shall employ the services of at least one person fully qualified with experience in Building Information Modeling and Clash Detection Resolution processes on projects of similar size and scope for the duration of the Contract. E. Any and all deliverables listed in these Specifications, or elsewhere in the Contract Documents, represent only an overview of potential work to be delivered. The Construction Manager reserves the right to require team members to perform model and coordination related tasks within reason of the original defined project scope. F. The Contractor shall use the latest version of Autodesk Navisworks Manage, Autodesk Revit (Structure, Architecture and MEP), Innovaya, Google Sketchup, Google Earth, Primavera for Windows, Adobe Professional Extended, Autodesk DWF Viewer, Autodesk 3DS Design Max and any other software that is required on this project. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 3 of 13 G. The term "UPDATED MODEL" means Information has been changed as a result of the design moving towards completion from the next previous model and requires the older information to be archived. (Ex. The Updated Model from 50% Design Development to 75% Design Development is now available) H. The term "REVISED MODEL" means the model has changed as a result of analysis review. (Ex. Due to the Clash Report issued the ductwork on Gridline A4 has been shifted 10" to the North, the REVISED MODEL is now available.) 1.3 PROJECT ROLES A. CONSTRUCTION MANAGER 1. The Construction Manager is to act as the Gatekeeper for the models and all coordination Models are to be sent to the CM's Model Coordinator as follows: a. The Model Coordinator is to provide the project team with an FTP Protocol document with login and password information one (1) week following project bid award. b. Design Models sent to the Model Coordinator are to contain as much information as possible and are to limit the input of any of the following: 1. Generic content 2. Embedded design options 3. Copied images, PDFs or .DWG file information c. The CM's Model Coordinator will issue the Clash Detection Reports and Resolution Plans as identified in Section 1.4-D d. The CM's Model Coordinator is responsible for updating the Project's 4D Model Simulation as updated schedule information is received and identified in Section 1.4-E B. TRADE PRIME CONTRACTOR 1. The Trade Prime Contractor for the project is to provide a Design Model or Fabrication Model at each project milestone and at additional Weekly intervals as defined by this specification. 2. Acceptable File Formats are as follows a. RVT (Autodesk Revit Files) b. NWD (Autodesk Navisworks Drawing Files) c. IFC (Open Source Interoperable Format) d. DWG (Autodesk 3D CAD files, when approved by CM) 3. The required 2D file formats are as follows: a. DWG (Autodesk drawing file — latest version) b. PDF (Adobe PDF File —to scale) 4. Any Contractor who is unable to deliver a Model to the Construction Manager's Model Coordinator is to complete one of the following: a. Provide a copy of a formalized agreement with a third party modeling Consultant for the duration of the project, who will be responsible for delivering the Model as well as any experience associated with the Consultant. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 4 of 13 b. Engage the Construction Manager's Model Coordinator to provide modeling services for the duration of the project at an to be agreed upon hourly rate or flat fee. c. Provide a TBD portion of the Contracted fee back to the Construction Manager to provide the needed modeling services for the Project. 5. The Trade Prime Contractor is to provide their Model for Construction Purposes. All Model Elements related to the Contractor's Scope is to be modeled within reason and as defined by the Fabrication model Submittal Section 1.4-G 6. Revision of the Fabrication Model from issues found in the Clash Detection Reporting period is expected to occur and will require the Trade Prime Subcontractor to submit Revised Models on a routine basis as defined by Section 1.4-D. C. OWNER 1. The Owner for the Project is to receive notification of all Updated and Revised progress Model as defined by this specification from the Construction Manager's Model Coordinator, which show the following: a. Site Logistics Plan videos, still images and subsequent updates b. 4D Simulation videos, still images and subsequent updates c. Clash Detection Reports and subsequent updates 2. The Owner for the Project may request separate information or more detailed information as defined by any change to the original scope of work or identified under a separate agreed upon BIM work order beyond the Scope of the Project. 3. The Owner and the Construction Manger are to hold a Pre-Closeout BIM Delivery Meeting. 4. This meeting must be attended by: a. Representative from the Owner and other agencies. b. All Trade Prime Contractors Project Manager, Superintendent and Modelers c. Subcontractor Consultant Modelers d. Project Architect e. Construction Manager's Project Team 5. Procedures will be reviewed for the following: a. Outline of the Project's BIM As-Constructed Deliverable b. Procedures for finalizing all As-Constructed Model information c. Review of Owner's BIM required deliverable database. (COBIE, IFC, GSA) d. Review of Owner's required BIM deliverable formats in addition to and supplementary to any 2D as-built data compiled and issued by the Design Team e. Coordinate a time to review Final As-Constructed BIM deliverable f. Procedures for final Owner sign-off for BIM Project Deliverable. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 5 of 13 1.4 BIM SUBMITTALS A. OVERVIEW 1. Each Trade Prime Contractor should assume that their work will need to be coordinated with other Prime Contractors in a manner that may be inefficient for a particular Prime Contractor in order to benefit the overall project. Each Prime Contractor should assume that their work will not always be given top priority when resolving issues. Each Prime Contractor should assume that there will be breaks in their work flow in order to accommodate other Prime Contractors on the project. The Construction Manager may also direct the Contractor to work in a particular area of the Project if it is shown to be available per the Model Coordination Plan. B. BIM PROJECT SCHEDULE 1. Within twenty (20) days of bid award the Model Coordinator for the Construction Manager will issue a BIM Schedule to the Project Team for review. 2. The BIM Project Schedule shall be reviewed in the following manner: a. Within seven (7) calendar days of receipt of the BIM Project Schedule the Contractor will review and send any and all comments within writing to the Construction Manager's Model Coordinator. b. Within (7) calendar days after receipt by the Construction Manager of the comments from the review period, the Construction Manager will issue the Final BIM Project Schedule to be signed. c. Within (2) Working Days the Final BIM Project Schedule is to be signed on the face of the document by the Contractor. d. Acceptance of Contractor's Construction Schedule 1. Upon the acceptance of the changes to the BIM Project Schedule by the Contractor, the Schedule shall then indicate the acceptance of the BIM Project Schedule in the Record Documents. 2. Upon acceptance of the Construction Schedule by the Construction Manager and Contractor, all efforts will be made to adhere to the Deadlines and Submittals outlined in the BIM Project Schedule. C. BIM PROJECT KICK OFF MEETING 1. The CM's Model Coordinator will issue a time for the Project's BIM Kick-Off Meeting. Contractor should be prepared to review and discuss the sequence and reviews of all BIM goals. 2. This meeting must be attended by: 3. All Trade Prime Contractors Project Manager, Superintendent and Modelers 4. Project Architect 5. Structural Engineer 6. MEP Engineers — both Owner contracted and Subcontractor contracted 7. Civil Engineer 8. Construction Manager's Project Team 9. Subcontractor Consultant Modelers Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 6 of 13 10.Representative from the Owner and other agencies will be invited to attend. 11.Procedures will be reviewed for the following: a. Outline of the Project's BIM goals and final review of the BIM Project Schedule. b. The FTP Protocol Standard is to be issued at this meeting by the CM's Model Coordinator. c. The Clash Detection Resolution Stand ard/Tutorial will be issued by the CM's Model Coordinator. d. Procedures for issuing Clash Detection Reports. e. Procedures for investigating Clash Detection Reports and assessing design impact. f. Procedures for posting Revised Models to the FTP site that have been adjusted from the Clash Detection Report. g. Periodic data exchange and communications for other BIM related items. D. CLASH DETECTION REPORTING 1. Clash Detection Reporting will be performed by the Construction Manager's Model Coordinator and is to test system vs system conflicts and resolve these items prior to construction. 2. Clash Detection Reports are to be issued on a Weekly basis one (1) day prior to the following corresponding team coordination or separate BIM Coordination meeting by the CM's Model Coordinator. This report is to include the following: a. Email notification from the CM's Model Coordinator to the Project Team indicating that the Clash Detection Report has been issued, with a hyperlink to its location. b. One (1) Navisworks .NWD file posted per the previously issued FTP Protocol document with saved viewpoints for Clash Detection Report reference c. Separate .XML files issued for each system vs system clash for import into Prime Trade Contractors own Composite Model files. 3. All Clash Reports issued will be logged by the CM's Model Coordinator and numerical reduction will be the method of quantifying progress on future updates. This log will be issued to the Project Manager at the same time the Clash Detection Reports are issued for inclusion in the Project's Record Documents. 4. The Clash Detection Report will be issued and the plan to resolve these issues by the Contractor may vary but in general follow this order of Model Locking: a. Structural — Includes all beams, columns, seismic bracing, trusses and other critical support structure. b. Mechanical — Includes all main rooftop equipment, trunk lines, branch ducts, chillers, boilers and other large equipment as well as mechanical piping V or larger. c. Electrical — Includes all main switchgear, cable trays, conduit racks, lights, panels and conduit lines 1" in diameter or greater. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 7 of 13 d. Plumbing — Includes all pumps, valves, equipment, 4 pipe, sanitary drains, roof drains with slope and any mechanical or other piping lines 1" or greater in diameter. e. Fire Protection — Includes all mains, drops, lines, pumps, heads and control panels. f. Suspension — All trades are to model suspension systems at 50% Construction Documentation. With the exception of wires and cables all other supporting mechanisms are to be modeled for inclusion in the Clash Detection Report g. All other systems — Other systems such as sound attenuation devices, self-contained lab equipment, manufacturing systems and other assemblies will be tested and each will have an order of Model Locking on a case by case basis that best suits the Project as issued by the CM's Model Coordinator. 5. Clearance Model Layers — All equipment which is required to have access clearances or obstruction clearances must be modeled by Trade Prime Subcontractor on a layer, workset or other unique identifier which can be isolated in Navisworks titled "Clearance". 6. Sign off of the final coordinated Fabrication Models is to consist of all installing Trade Prime Subcontractors signing the Final System Sign-Off document as issued by the CM's Model Coordinator. This document is to be included in the Project's Record Documents as a signed document which states: a. The performing Contractor will to the best of their ability install all systems within exact specifications of the coordinated Model 2D documents generated from the BIM. b. Field work performed by the Contractor that is to deviate from any issued documentation is to be coordinated with the Construction Manger's Project Team and Model Coordinator prior to installation. c. The Contractor acknowledges that the model is virtually free of clashes and if installed correctly should not conflict with other systems. d. Future in-field BIM coordination will continue to occur and changes driven from local governance, JHA's and code enforcement officials will be updated in the Model and coordinated with Trade prime Contractors as the Project progresses. e. All documents relating to the performing trade contractors scope of work have been issued to the responsible party from the design team for review and final approval prior to sign-off date. 7. Order of Installation, Phasing and Field Coordination is to be issued by the Project Management team not the CM's Model Coordinator unless stated otherwise. E. 4D SIMULATION 1. 4D Simulations will be compiled and updated by the CM's Model Coordinator and will be used to test the Project's Progress Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 8 of 13 2. 4D Simulations will be issued on an as-needed basis as the Project Schedule and/or significant changes potentially impacting the Schedule are made to the Project. 3. All 4D Simulations will be issued as the following file types for review by the entire Project Team: a. One (1).NWD file with the linked Primavera or Microsoft Project Schedule attached. b. One (1) .AV[ video player for playback using Windows Media Player. 4. Simulations will be issued using the Contractor's updated Design Models or revised Fabrication Models to verify constructability and scheduling compliance. 5. The 4D Simulation may be used as a supplementary tool to the Project Schedule to visually quantify scope completeness on a Project and is to be used at the discretion of the Construction Manager in regard to billing or percent complete issues. 6. Contractors will not be required to deliver additional Model files other than the files required to meet the Project's requirements, however it is required that the nomenclature used within the file remains consistent throughout the Project for updating. F. FABRICATION MODELS 1. Fabrication Models are to be approved by the Trade Prime Subcontractor's in-house Engineer or an Engineer contracted by the Trade Prime Subcontractor prior to final signoff as identified in section 1 AD-G. 2. The CM's Model Coordinator will utilize the Fabrication Models for all trades clash detection, scope clarification and constructability reviews prior to the commencement of Construction. 3. Acceptable formats for Fabrication Models are as follows for each trade: a. Architectural — Autodesk Revit Architecture .RVT files, and or Autodesk Navisworks .NWD files (latest version) b. Structural —Autodesk Revit Structure .RVT files, 3D CAD .DWG Files, and or Autodesk Navisworks .NWD files (latest version) c. Mechanical —Autodesk Revit MEP .RVT files, 3D CAD .DWG Files, and or Autodesk Navisworks .NWD files (latest version) d. Electrical - Autodesk Revit MEP .RVT files, 3D CAD .DWG Files, and or Autodesk Navisworks .NWD files (latest version) e. Plumbing - Autodesk Revit MEP .RVT files, 3D CAD .DWG Files, and or Autodesk Navisworks .NWD files (latest version) f. Fire Protection - Autodesk Revit MEP .RVT files, 3D CAD .DWG Files, and or Autodesk Navisworks .NWD files (latest version) g. Civil — Autodesk Land Desktop, Civil 3D or other GIS files in a .RVT or .DWG point format and or Autodesk Navisworks NWD files (latest version) h. Consultant — Autodesk Revit file format unless approved other 3D file by the CM's Model Coordinator Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 9 of 13 1. The Contractor will be required by the Construction Manager to utilize the Fabrication Model as an exact construction tool in the field. Any proposed deviations from the coordinated model are to be submitted from the performing Contractor in writing along with a separate Model showing the proposed alteration to the Project Management team and the CM's Model Coordinator for review. 2. Any deviation from the model in the field by the Contractor that has not been approved will be at the Contractor's own risk and any additional changes, rework and other costs associated with this change will be wholly assumed by the Performing Subcontractor. G. MODELING SESSION PROCEDURES 1. Projects may require the team to hold live team Modeling Sessions to more quickly address clashes and coordination issues. These meetings will be identified in the Project BIM Schedule by the CM's Model Coordinator at the beginning of the Project. 2. The Trade Prime Contractor must have the following minimum requirements to participate: a. Laptop computer with all necessary modeling software loaded. b. Laptop computer must have network cable or Wi-Fi network capability. c. Experienced Modeler with full modeling capabilities d. Necessary Engineering, Management or support staff to facilitate and review design shifts e. Navisworks Manage or the free Navisworks Freedom viewer installed to examine clashes. f. External transfer drive, thumb drives are acceptable 3. Modeling Sessions are 3-4 hours in duration and are intended to accelerate the design and coordination of a facility. All trades are expected to be present for the duration of each session. 4. Future sessions may be cancelled if the Clash Detection Reporting period reaches a point of resolution that doesn't require additional meetings of this type. H. IN-FIELD 1. BIM is to be used in the Field on all BIM enabled projects as a tool for visualization and construction accuracy. All Performing Contractors will be required to have onsite the following: a. Field laptop or tablet PC with Navisworks Manage or Navisworks Freedom Viewer (latest version) installed b. The Model Coordinator present at progress meetings from each Trade or as needed from the Construction Manager. c. Field coordination software loaded on each Contractor's laptop, tablet PC or mobile device per the Construction Manager's recommendation to coordinate information and standardize processes. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 10 of 13 2. Each Contractor is to be responsible for issuing approved changes to the design to their Model Coordinator who will then issue the Revised Model to the CM°s Model Coordinator for record. 3. The Contractor is to verify with the CM"s Model Coordinator and the Project Management team the capability to load and use the required Punch List software or document repository access prior to Punch List Issuance and Resolution. 4. Contractors are to verify installation accuracy with the model and are responsible for installation accuracy coordination with their respective Model Coordinators. 5. Any field issues which are caused by local JHA's, Code Officials or other governing bodies that require changes to the original coordinated Fabrication Models shall be issued separately prior to field work. At the advising of the Project's Superintendent if the change is significant each affected trade is to design their solution, model the new work and issue to the CM's Model Coordinator for coordination. I. PROJECT CLOSEOUT 1. At Project Closeout all Contractors are required to issue their collective As- Constructed Models to the CM"s Model Coordinator per the Project BIM Schedule. 2. The CM's Model Coordinator is responsible for compiling all of the models, implementing any information required by the Owner and agreed upon at the initiation of the Project and delivering to the Owner the Record Model for the Project. 3. Written permission for distribution of the Record Model to any third parties is required from the Owner to any party or Team Member for tracking purposes unless stated otherwise in this agreement. 4. The Performing Trade Prime Subcontractor is responsible for formatting all required maintenance, warranty, cut-sheet and other component related information into a digital format for inclusion into the Project's Record Model. 5. All submitted digital information is to be submitted in the following format: a. Specification number for which product is most related b. Hyphen Separated general description of component c. Type of information (Example: 10801 — Paper Towel Dispenser — Warranty) 6. Acceptable formats for component related information is as follows: a. Adobe PDF files b. TIF files 7. All submitted component information must be legible and readable; otherwise it will not be accepted. 1.5TECHNICAL REQUIREMENTS FOR CONTRACTOR SUBMITTED MODELS A. The Contractor will consider the following guidelines in the development of the Fabrication Model. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 11 of 13 1. The Model shall be developed utilizing the software mentioned in this Model Coordination Plan and provided in the related acceptable format. Additionally all Models are to be modeled as they are intended to be constructed. 2. Models are to be aligned as accurately as possible. This includes floors to walls, roofs to parapets, ductwork to diffusers, etc... Inaccurate alignment complicates the process and makes for inaccurate testing practices. 3. All Connections between piping, mechanical systems and other systems are to be completed and modeled with as high degree of accuracy as possible. 4. All components within the Performing Trade Prime Contractors scope are to be modeled unless otherwise stated in this coordination agreement. 5. No generic model components will be accepted. All model components are at a minimum to contain the name and type of assembly they represent. 6. All Fabrication Model components are to be modeled to a degree that facilitates direct fabrication or construction from the model assembly. 7. Model components are not to be duplicated on separate models. (Example, the plumbing model should not contain the HVAC units if the units are being modeled by the Mechanical Contractor, likewise the Architect should not model the structural steel if the Structural Engineer or Fabricator is modeling the structure.) Model precedence is awarded to the Model of highest accuracy or party responsible for constructing. 8. Design Options within a Model will not be accepted. Options should be explored in separate unlinked Model files that can be issued separate from the Contractors working Model. 9. 2D Information is to be limited as much as possible in Model files. Modelers are encouraged to model all components within reason, which assists in analysis. 10.The CM's Model Coordinator may at any time accept or deny a submitted Model for testing. Any denied model submittal by the Model Coordinator requires written instructions or directive as to why the Model was not accepted and the Contractor is then responsible for issuing a corrected Model within the timeframe issued by the Model Coordinator and Project Manager. A. For all major equipment and materials fabricated or supplied for this project, the Contractor is to provide schedule information for 4D Simulation updates as required. This information is to include: 1. Shop fabrication and delivery. 2. Erection or installation. 3. Testing of equipment and materials. B. If requested by the Construction Manager, the Contractor shall furnish a written plan outlining the Contractor's timeline to comply with all Project BIM requirements. The Contractor shall provide a list of the Project's deliverables with timelines associated to each task. The Contractor must include what software will be used; file to be delivered in compliance with this Model Coordination Plan. Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 12 of 13 1.6 PROTECTED USE OF MODEL FILES A. All Models are to be used for coordination and sharing within the team and is copyrighted as intellectual property. Any copying of specific template, model library or settings information from models beyond the terms defined in this contract is prohibited. 1.7 FAILURE TO PERFORM MODELING TASK A. If Contractor fails to substantially comply with the modeling requirements of the Contract Documents, the Contractor hereby agrees, in such instance, to comply with the Model Coordination Plan as the Construction Manager develops, or directs, and actions or alterations and duration as the Construction Manager may reasonably require, without Additional cost to the Owner (subject only to cost adjustments for such changes in the work as the Owner may direct), to ensure completion within the Contract Time. The Contractor shall cooperate with the Construction Manager in supplying data and requested information necessary for all stages of Model development, modifications, and Record Model delivery B. The Construction Manager shall have the right to retain the services of Modeling consultants or experts (including attorneys) to prepare a Model in accordance with the Contract Documents. This Model will be used to allow the Owner, the Architect, and the Construction Manager to evaluate the work by the Contractor, and to determine whether the Contractor is substantially complying with the Contract Documents. All costs, including mark ups incurred by the Construction Manager in preparing this Model shall be charged to the Contractor's account. C. Failure of the Contractor to substantially comply with these requirements may be considered grounds for a determination by the Owner that the Contractor is failing to prosecute the work with sufficient diligence to ensure its completion within the Contract Time. Upon making this determination, the Owner may: 1. Take over those aspects of the work which are behind schedule, or portions thereof, as the Owner may, at its sole discretion, deem appropriate and deduct by Change Order all costs of performing such work from the Contract Sum, including fifteen percent (15%) mark up for the Construction Manager and twenty-five percent (25%) mark up for any other Contractor directed to prosecute the delinquent work. 2. Withhold payment in accordance with the provisions of the General Conditions. 3. Terminate the Contract in accordance with the provisions of the General Conditions. END OF SECTION Ruben Castro Human Services Center 00820 BIM Coordination Plan City of Moorpark Page 13 of 13 AFFIDAVIT OF COMPLIANCE WITH CALIFORNIA PREVAILING WAGE LAW CALIFORNIA LABOR CODE SECTIONS 1720-1815 The undersigned, being duly sworn, states as follows: 1. I am [print name]. I am [print position held] for [print contractor name] ("Contractor") on the [name of the project] project ("Project"). I am familiar with the payroll practices of the Contractor on the Project. One of my duties and responsibilities is to ensure that Contractor complies with the California Prevailing Wage Law, Cal. Labor Code §§ 1720-1815 on the Project. I make this sworn statement pursuant to Cal. Labor Code §§ 1775(b)(4) and 1777.7(d)(4). 2. 1 have reviewed the payroll practices and the payroll records for Contractor on the Project. Contractor has paid the specified prevailing rate of wages to each of its employees on the Project as required by the Prevailing Wage Law, and has paid any amounts due such employees under Cal. Labor Code § 1813. Contractor has employed the required number of apprentices on the Project. 3. 1 have also reviewed the payroll practices of each of Contractor's lower-tier subcontractors on the Project. Each of Contractor's lower-tiered subcontractors has paid the specified prevailing rate of wages to its employees, has paid any amount due such employees under Cal. Labor Code § 1813, has employed the required number of apprentices on the Project, and has provided Contractor with an affidavit that complies with Cal. Labor Code §§ 1775(b)(4) and 1777.7(d)(4). 4. I understand that the Owner is relying upon this sworn statement in making final payment to Contractor. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct, and that this affidavit was executed on [date] in [location], California. [Name] State of ) )ss. County of ) Subscribed and sworn to (or affirmed) before me on this day of , 20_,by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [Notary Seal] Notary Signature RELEASE FORM 1 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Civil Code §3262(d)(1)) Upon receipt by the undersigned of a check from City of Moorpark in the sum of $ (Amount of Check) payable to (Payee or Payees of Check) (Bid Package) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of City of Moorpark (Owner) located at Ruben Castro Human Services Center, 612 Spring Street, Moorpark, CA 93021 (Job Description) to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to City of Moorpark (Your Customer) through only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: (Company Name) (Bid Package) By (Title) Ruben Castro Human Services Center 03 Conditional Waiver and Release Upon Progress Payment City of Moorpark DECLARATION TO PROCURE PAYMENT AND RELEASE OF CONTRACT RIGHTS Name of Releasing Company As It Appears On The Release Ruben Castro Human Services Center City of Moorpark Project Date As It Appears On The Release The company named above has executed a Conditional Waiver and Release Upon Progress Payment, pursuant to Cal. Civil Code 3262(d)(1) through the date shown above. The statutory form of release provides that it does not release extras furnished before the Through Date for which payment has not been received or the right to recover compensation for furnished labor, services, equipment, or material that was not compensated by progress payment. The statutory release also provides that it does not cover contract rights, including rights based on rescission, abandonment or breach of contract. In order to induce payment of the amount shown in the statutory release, the undersigned individual hereby declares that the company named above did not furnish any extras or any labor, services, equipment or material before the Through Date that was not compensated by the progress payment, except for the items listed below. By execution of this document, the company also hereby releases all contract rights and claims that it has with regard to labor, service, equipment or material furnished through the Through Date including rights and claims based on rescission, abandonment or breach of contract. This Declaration and Release of Contract Rights is conditional, and shall be effective only when the check described on the statutory Conditional Waiver and Release form that accompanies this document has been properly endorsed and paid by the bank which is drawn. EXCEPTIONS Record Any Exceptions In This Space.If No Exceptions,Write"None" I declare under penalty of perjury that the foregoing is true and correct. Signed at California, on , 2010 (Location) (Date of Signature) (Signature) (Print Name) (Title) NOTE: This form is designed to accompany a statutory CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Ruben Castro Human Services Center 03 Conditional Waiver and Release Upon Progress Payment City of Moorpark RELEASE FORM 2 UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Civil Code §3262(d)(2)) The undersigned has been paid and has received a progress payment in the sum of $ for labor, services, equipment, or material furnished to City of Moorpark (Your Customer) On the job of Ruben Castro Human Services Center, 612 Spring Street, Moorpark, CA 93021 (Owner) and does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on the above referenced job to the following extent. The release covers a progress payment for labor, services, equipment, or materials furnished to City of Moorpark (Your Customer) Through only and does not cover any retentions retained (Date) before Or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Dated: (Company Name) (Bid Package) By (Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS Ruben Castro Human Services Center 04 Uncond. Waiver and Release Upon Progress Payment City of Moorpark ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. DECLARATION TO PROCURE PAYMENT AND RELEASE OF CONTRACT RIGHTS Name of Releasing Company As It Appears On The Release Ruben Castro Human Services Center City of Moorpark Project Date As ft Appears On The Release The company named above has executed a Unconditional Waiver and Release Upon Progress Payment, pursuant to Cal. Civil Code 3262(d)(2) through the date shown above. The statutory form of release provides that it does not release extras furnished before the Through Date for which payment has not been received or the right to recover compensation for furnished labor, services, equipment, or material that was not compensated by progress payment. The statutory release also provides that it does not cover contract rights, including rights based on rescission, abandonment or breach of contract. In order to induce payment of the amount shown in the statutory release, the undersigned individual hereby declares that the company named above did not furnish any extras or any labor, services, equipment or material before the Through Date that was not compensated by the progress payment, except for the items listed below. By execution of this document, the company also hereby releases all contract rights and claims that it has with regard to labor, service, equipment or material furnished through the Through Date including rights and claims based on rescission, abandonment or breach of contract. EXCEPTIONS Record Any Exceptions In This Space.If No Exceptions,Write"None" I declare under penalty of perjury that the foregoing is true and correct. Signed at California, on , 2010 (Location) (Date of Signature) (Signature) (Print Name) (Title) Ruben Castro Human Services Center 04 Uncond. Waiver and Release Upon Progress Payment City of Moorpark NOTE: This form is designed to accompany a statutory UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Ruben Castro Human Services Center 04 Uncond. Waiver and Release Upon Progress Payment City of Moorpark RELEASE FORM 3 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Civil Code §3262(d)(3)) Upon receipt by the undersigned of a check from City of Moorpark in the sum of $ payable to (Payee or Payees of Check) (Bid Package) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of City of Moorpark (Owner) located at Ruben Castro Human Services Center, 612 Spring Street, Moorpark, CA 93021 (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work in the amount of$ Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: (Company Name) (Bid Package) By (Title) Ruben Castro Human Services Center 05 Conditional Waiver and Release Upon Final Payment City of Moorpark DECLARATION TO PROCURE PAYMENT AND RELEASE OF CONTRACT RIGHTS Name of Releasing Company As It Appears On The Release Ruben Castro Human Services Center City of Moorpark Project Date As It Appears On The Release The company named above has executed a Conditional Waiver and Release Upon Final Payment, pursuant to Cal. Civil Code 3262(d)(3)on the date shown above. In order to induce payment of the amount shown in the statutory release, the undersigned individual hereby declares that the company named above did not furnish any extras or any labor, services, equipment or material on the Project that was not compensated by the final payment, except for the items listed below. By execution of this document, the company also hereby releases all contract rights and claims that it has with regard to labor, service, equipment or material furnished on the Project including rights and claims based on rescission, abandonment or breach of contract. This Declaration and Release of Contract Rights is conditional, and shall be effective only when the check described on the statutory Conditional Waiver and Release form that accompanies this document has been properly endorsed and paid by the bank upon which is it drawn. EXCEPTIONS Record Any Exceptions In This Space.If No Exceptions,Write"None" I declare under penalty of perjury that the foregoing is true and correct. Signed at California, on , 2010 (Location) (Date of Signature) (Signature) (Print Name) (Title) NOTE: This form is designed to accompany a statutory CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT. Ruben Castro Human Services Center 05 Conditional Waiver and Release Upon Final Payment City of Moorpark RELEASE FORM 4 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or materials furnished to City of Moorpark (Your Customer) On the job of of City of Moorpark (Owner) located at Ruben Castro Human Services Center, 612 Spring Street, Moorpark, CA 93021 (Job Description) and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ Dated: (Company Name) (Bid Package) By (Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Ruben Castro Human Services Center 06 Uncond.Waiver and Release Upon Final Payment City of Moorpark DECLARATION TO PROCURE PAYMENT AND RELEASE OF CONTRACT RIGHTS Name of Releasing company As It Appears On The Release Ruben Castro Human Services Center City of Moorpark Project Date As It Appears On The Release The company named above has executed An Unconditional Waiver and Release Upon Final Payment, pursuant to Cal. Civil Code 3262(d)(4) on the date shown above. In order to induce payment of the amount shown in the statutory release, the undersigned individual hereby declares that the company named above did not furnish any extras or any labor, services, equipment or material on the Project that was not compensated by the final payment, except for the items listed below. By execution of this document, the company also hereby releases all contract rights and claims that it has with regard to labor, service, equipment or material furnished on the Project including rights and claims based on rescission, abandonment or breach of contract. EXCEPTIONS Record Any Exceptions In This Space.If No Exceptions,Write"None" I declare under penalty of perjury that the foregoing is true and correct. Signed at California,on 12010 (Location) (Date of Signature) (Signature) (Print Name) (Title) NOTE: This form is designed to accompany a statutory UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT. Ruben Castro Human Services Center 06 Uncond.Waiver and Release Upon Final Payment City of Moorpark ` •! ..:E AIA Document G702 , :MaTm - 1992 Application and Certificate for Payment Construction Manager-Adviser Edition TO OWNER: City of Moorpark PROJECT: APPLICATION NO: 001 Distribution to: OWNER: ❑ PERIOD TO: C s N'TRUCTION MANAGER: ❑ FROM VIA CONSTRUCTION CONTRACT DATE: CT" ] CONTRACTOR: MANAGER: PROJECT NOS: i i 'CONTRACT-OR—C] CONTRACT FOR: General Construction VIA ARCHITECT: FIELD: ❑ OTHER: ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractl rs knowledg 'nformation and belief the Work covered by this Application for Payment has been c m leted in cc rdance with the Application is made for payment,as shown below,in connection with the Contract. Contract Documents,that all amounts have been paid by the Contrac or 7or Work fo which previous Continuation Sheet,AIA Document G703, is attached. Certificates for Payment were issued and payments received frot i tie Own •, d that current 1.ORIGINAL CONTRACT SUM ...............$ 0.00 payment shown herein is now due, 2.Net change by Change Orders .............................................................$ 0.00 CONTRACTOR: 3.CONTRACT SUM TO DATE(Line 1 t 2).....................................................$ 0.00 By: Date: 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) ..............$ om State of: 5.RETAINAGE: County of: a. 0 %of Completed Work Subscribed and sworn to before (Column D+E on G703) $ 0.00 me this day of b. 0 %of Stored Material Notary Public: (Column F on G703) $ 0.00 My Commission expires: Total Retainage(Lines 5a+5b or Total in Column I of G703)...............$ o.00 CERTIFICATE FOR PAYMENT 6.TOTAL EARNED LESS RETAINAGE...........................................................$ 0.00 In accordance with the Contract Documents, based on on-site obsery Ions d t d a t mr'li ng (Line 4 Less Line 5 Total) this application,the Construction Manager and Architect certify to t O her t t e b��,Pk their 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT ......................................$ 0.00 knowledge,information and belief the Work has progressed as indic ed the quali f is in accordance with the Contract Documents, and the Contractor is emit d o payme t o he AOUNT (Line 6 from prior Certificate) CERTIFIED. 8.CURRENT PAYMENT DUE ................................................................. $ 0.0 AMOUNT CERTIFIED ............................................................................ 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs from the amount appli plik aGall-figu+rss-0+�tJ�i Application and on the Continuation Sheet that are changed to conform with the amount certified.) (Line 3 less Line 6) $ 0.00 CONSTRUCTION MANAGER: By: 6thout CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ 0.00$ 0.00 By: Total approved this Month $ 0.00S 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is } ac or TOTALS $ 0.00S 0.00 named herein. Issuance, payment and acceptance of payment are w rejudice to any rights of the Owner or Contractor under this Contract NET CHANGES b Chan e Order $ 0.00 AIA Document G702/CMaa' - 1992. Copyright 0 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Doc::men. is pro-. ct.ed hy U.S. Copyright Law and Unau•hr•r:r.,,d ,ep,.auct—n it t`.ss AIA' Drcumr..^.t, or any poi:t:on of it, may rr.s+U.t. :,n sovur, crvi! and .rrmirai pnnllt.iec, and will be preseau�ad tc •1,•• ,-..ix.r.-na ex tr r:r. ;ose.rbl.r• .:uinr rho a. . This draft was produced by AIA software at 08:05:48 on 07/25/2007 under Order No.1000258017 1 wh.,rh expires on 9/8/2007, and is not for resale. 1 User Notes: (2991093249) 'lip AIA Document G7 0 3Ty 1992 Continuation Sheet AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO:0 containing Contractor's signed certification is attached. APPLICATION DATE: In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: ARCHITECT'S PROJECT NO: f ! A B C D E F G I WORK COMPLETED TOTAL MATERIALS FROM COMPLETED BALA C TO WAGE ITEM SCHEDULED PRESENTLY NO. DESCRIPTION OF WORK VALUE PREVIOUS THIS PERIOD STORED(NOT AND STORED (G_C) FINS (I V RIABLE APPLICATION IN D OR E) TO DATE (C G TE) D+E (D+E+F) GRAND TOTAL $ 0.00 $ 0.001 $ 0.00 $ 0.00 $ 0.00 0.00 0X $ 0.00 $ 0.00 AIA Document G703s' - 1992. Copyright ® 1963, 1965, 1966, 1967,1970, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected y trait Ix• and Tr---t —1 r a i 7nauthosi.crl rcprodu•-tlon or distribution of th.ls A.IA" Document, nr any portion of it, may result. in .nc•vare cavil and c..riminal. penaltros, and •.i l bi, pr'.-e.."V .o ..he mx ..ur. r,a ..t p„�s i•a e undar this law. This draft was produced by AIA software at 08:12:49 on 04/09/2009 under Order No.1000369157_1 which expires on 9/6/2009, 1 and is not for resale. - User Notes: (2238324925) AIA Document G703° - 1992. Copyright O 1963, 1965, 1966, 1967,1970, 1978, 1983 and 1992 by The American. institute of Architects. All rights reserved. WARNING: This AIA Document. is r oct.r,.I F.y J.3 'r,py righr -.a+ a t.r.rnatLOral Traa t.i os. llnautboriiod rnproducLion nr drstrrbut,.rm of this AW Dom,mcmr, or any portion of i.t, may rosul.t in sovore civi.l and criminal n atr�r•c, -i L b,i prnancnrr�i rr t,o, n:.arnr,m ixtenr. p„ssibJ.e under the law. This draft was r iced by AIA software at 08:12:49 on 04/09/2009 under Order No.1000369157_1 which 'es or. 9/6/2009, not for resale. user Notel, 122 92 51 SAFETY TASK ASSIGNMENT (STA) ROSTER "I have reviewed the Job Hazard Analysis (JHA)for this particular phase of work with my supervisor and all questions regarding a specific step or hazard on the JHA or any associated Material Safety Data Sheets(MSDS) have been answered to my complete satisfaction." (Employees shall sign their name only after all questions have been satisfactorily answered.) NO. Print Name Signature Date Figure 5 (page 4) - Pre-phase Planning -Job Hazard Analysis(JHA) and Safety Task Assignment(STA) City of Moorpark Page 21 of 36 revised 08/2010