HomeMy WebLinkAboutAGENDA REPORT 2011 1005 CC REG ITEM 10F ITEM 10.F.
MVORPARK,
City Council Meeting
MOORPARK CITY COUNCIL , j '-D.5 -,2o /1
AGENDA REPORT ACTION: 1
TO: Honorable City Council a -=—
FROM: David C. Moe 11, Redevelopment Manage,
BY: Jessica Sandifer, Management Analy .�!
DATE: September 22, 2011 (CC Meeting of 10/0 /11)
SUBJECT: Consider Award of Bid and Project Approval for the
Rehabilitation of 1449 Walnut Canyon Road and Resolution
Amending the Fiscal Year 2011/12 Budget
BACKGROUND & DISCUSSION
The City acquired 1449 Walnut Canyon Road for use as right-of-way for the future North
Hills Parkway project. Since the completion of that project is several years down the
road and the house located on the property is in decent condition, staff feels it is
prudent to rehabilitate the home and rent it out until such time as the property is needed
for completion of the road.
A notice inviting bids for the rehabilitation of this structure was published on July 27,
2011 and August 1, 2011. A mandatory job walk was held on August 4, 2011 and was
attended by two contractors. Two bids were received by the due date of August 25,
2011. The results are:
Bentley Construction Group, Inc. $83,820.00
Magic Hammer Development, Inc. $37,365.00
The proposals were evaluated on their completeness and cost. The Construction
Manager's estimate for this project was $36,000. The low bidder is Magic Hammer
Development, Inc. Magic Hammer possesses the necessary qualifications, resources,
and experience to perform the work.
12"1
Honorable City Council
October 5, 2011
Page 2
FISCAL IMPACT
A budget amendment in the amount of $41,102 from the City-wide Traffic Mitigation
fund (2002) will be needed to fund the rehabilitation work. This amendment includes a
10% project contingency of $3,737. It is estimated that the rental revenues received will
pay back the rehabilitation costs in 28 months.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Approve the rehabilitation of 1449 Walnut Canyon Road; and
2) Award bid to Magic Hammer Development, Inc. for $37,365, and authorize a
10% project contingency of $3,737 and execution of the Agreement by the City
Manager, subject to final language approval by the City Manager and City
Attorney; and
3) Adopt Resolution No. 2011- .
Attachment 1 —Agreement
Attachment 2 — Resolution No. 2011-
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ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND MAGIC HAMMER
DEVELOPMENT INCORPORATED FOR REHABILITATION OF
1449 WALNUT CANYON ROAD
THIS AGREEMENT, is made and effective as of this day
of , 2011, between the City of Moorpark, a municipal
corporation ("City") and Magic Hammer Development, 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 rehabilitation services at 1449 Walnut Canyon
Road; 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 at a meeting held on the 10th day of October, 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 Exhibits B and 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 rehabilitation of 1449 Walnut Canyon Road, as set forth
in Exhibit B: Contractor's Bid Proposal, dated August 24, 2011, which exhibit is attached
hereto and incorporated herein by this reference as though set forth in full and
hereinafter referred to as the "Proposal." Where Scope of Services is modified by this
Agreement, or in the event there is a conflict between the provisions of said Scope of
Services and this Agreement, the language contained in this Agreement shall take
precedence.
Contractor shall perform the tasks described and set forth in Exhibit B attached
hereto and incorporated herein by this reference as though set forth in full. Contractor
shall complete the tasks according to the schedule of performance which is set forth in
Exhibit C.
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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 value of thirty-
seven thousand three hundred and sixty-five dollars ($37,365) as stated in Exhibit B,
without the written authorization of the City Manager. Payment by City to Contractor
shall be as referred to in this Agreement.
3. INCORPORATION BY REFERENCE
Project Specifications, Public Contract Code Section 22300, Technical
Specifications, Bid Form, Plans, Standard Specifications for Public Works Construction
("Greenbook"), Drawings, Required Bonds and Forms, Permits, Exhibits 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 the General Conditions attached as Exhibit C to the Agreement.
5. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
6. 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 Shay Aharon, 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 and the
schedule of payment 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 thirty-seven thousand three hundred and sixty-five
dollars ($37,365), plus ten percent (10%) contingency of three thousand seven hundred
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and thirty-seven dollars ($3,737) 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, if authorized by City Council, may approve additional work not to exceed
ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
City disputes any of Contractor's fees it shall give written notice to Contractor within
thirty (30) days of receipt of any disputed fees set forth on the invoice. Consultant shall
provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
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, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or his/her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Greenbook.
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
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Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
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 five hundred
dollars ($500) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
deducted from any payments due or to become due to the Contractor under the terms
of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the
City after the above specified completion date shall not constitute a waiver of liquidated
damages by the City.
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
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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, City and its Project Contractors, 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
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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
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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 local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
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
Section 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,
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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 subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
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: Shay Aharon
Magic Hammer Development, Inc.
18375 Ventura Boulevard, Suite 364
Tarzana, California 91356
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.
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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 Agreement 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, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
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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 both parties to this Agreement.
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 this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
29. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibits
B and C attached hereto and incorporated herein by this reference as though set forth in
full. In the event of conflict, the requirements of the City's Bid Package and this
Agreement shall take precedence over those contained in the Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK Magic Hammer Development, Inc.
By: By:
Steven Kueny, City Manager Shay Aharon, Officer
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this Agreement and
which is applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no Tess 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 anyone
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
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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.
136
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.
137
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.
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.
138
EXHIBIT B
BID PROPOSAL
PROPOSAL AND BID PROPOSAL ATTACHMENT 1 TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Rehabilitation of 1449 Walnut Canyon Road
Bids to Be Received—Thursday, August 25, 2011 by 3:00 p.m.
MAa► G (411, rhrn.e Z7cVL Q p c •
CONTRACTOR
Name SHI%y A 4A0/J
Street Address 1',1" Vcr4-r/4R A +3 v -j- - 3
TA-Rzhn.)A State CA Zip Code 113510
Telephone Number 118 344 - 8o° C'
Contractor's License No 'a d 1 01 Class ' 13 , Expiration Date .5-'3I /2012
The undersigned swears under penalty of pe , that the information regarding the Contractor's
License is true and correct.
Signature of Bidder O 1>F c-CR
_
Title
BID SCHEDULE:
It is understood that the total bid includes without limitation, all appurtenant expenses, permits,
taxes, royalties, and fees associated with the work described within these bid documents. THE
CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT.
1. 1449 Walnut Canyon Road Total Bid ($ 9 ,3 t0 5• w
Please also fill out and submit Attachment 1 — Scope of Work—Line Item Bid Sheet
X
7+1 t y - S'EVE Al TH o udAN t� m iaet Flo N CI) dollars and 6'0 cents
WRITE OUT TOTAL BID ON THIS LINE
Number of calendar days for completion: 45 0 A y-i
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 6 of 72
139
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with
the City of Moorpark to perform the Work as specified or indicated in said Contract Documents
entitled: Rehabilitation at 1449 Walnut Canyon Road, Moorpark, CA.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. By signing this bid
proposal, the Bidder agrees to enter into a Contract within the time and in the manner as
required in the Notice Inviting Bids. Bidder further agrees to furnish the exact insurance
certificates, endorsements, and Bonds as required by the Contract Documents. Please see
sample insurance endorsement on Page 38 of the bid packet. City will accept no other
insurance endorsement but this one or an EXACT equivalent. Contractor is advised to check
with their insurance company to ensure that this endorsement can be provided before
submitting bid. Contractor understands that failure to provide this endorsement will cause City to
terminate the bid award and award the bid to the next lowest bidder.
Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number: I Date: A Qk c. 4-, zoo
i
Bid Addenda Number: Date:
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documents, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder: SHAD) AI+Ae..O+J
By:
(Signature—Authorized Representative)
Title: v F F I cc-R Dated: ,4(6. 2`I 2 °I I
Attachment 1 —Scope of Work, line item bid sheet
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 7 of 72
140
•
ATTACHMENT 1
TO BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Scope of Work— Line Item Bid Sheet
1449 Walnut Canyon Road
By submitting this bid contractor certifies an understanding of each specification line
item as intended by spec writer.
All materials used on this project will be of moderate expense. Substandard materials
are not acceptable and materials that meet only the minimum standards may be subject
to replacement or cost adjustment. All installed items such as doors, windows,
hardware, paint and other as described in items listed below that are visible shall be
approved by the City of Moorpark before installation.
All items in the below work specification marked with asterisks * are either a violation
of building codes or health and safety codes and are not to be removed from this scope
of work unless corrected before contract signing.
*1 SMOKE DETECTOR
Provide and install new UL Listed smoke detector in hallway.
Bedroom smoke detectors have tested ok. Provide 1st set of batteries
and ensure proper operation. Install according to current code and So
manufacturer's specifications. PERMIT WORK $ j
*2 GFCI RECEPTACLES
Replace the electrical receptacles found in the kitchen located within 6'
of the water source. Any exterior receptacles to be replaced with GFCI
receptacles as well. They need not be replaced provided they are
protected by a GFCI receptacle upstream. New GFCI receptacles are
to be tied into existing grounding system. Must be UL approved and
installed according to current code and manufacturer's specifications. ,,-y
PERMIT WORK $ 2 4-0 _
*3 OPEN ELECTRIC BOX
Currently there is an uncovered electric box existing at the front
exterior wall with wiring exposed. This is required to be covered either
by a waterproof approved cover plate or by installing a UL approved
fixture such as a duplex receptacle. Install according to current $ g0 •
electrical code. PERMIT WORK
*4 REMOVE ENCLOSURE WALLS AROUND PATIO COVER
The patio cover has been enclosed with non-permitted (illegal) walls.
Remove and properly dispose of the exterior walls of the existing patio
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 8 of 72
141
cover. The 28" high masonry wall is to remain except saw cut out and
remove a 6 ft. section allowing access to the rear yard area. Finish off
edges where section is cut out. The rear porch (landing) and steps are
to remain. Repair any damage to the porch that occurs as a result of $ I, 3cr°•
this line item. PERMIT WORK
*5 REMOVE NON PERMITTED (ILLEGAL) BATHROOM
A bathroom has been constructed without proper permit attached to
the rear of the house abutting the kitchen. Remove the bathroom
including the exterior walls and roof. Make all of the necessary repairs
to restore the exterior wall of the house back to its original condition as $ 2 5 co•
near as possible. PERMIT WORK
*6 REMOVE BATHROOM IN GARAGE
A bathroom has been constructed without proper permit (illegally) in
the garage. Remove the bathroom including all plumbing and electrical.
Make all of the necessary repairs to restore the garage wall back to its
original condition as near as possible. PERMIT WORK $ 2 L`„N `v
*7 WINDOW REPLACEMENT
Two bedroom windows and one kitchen window on the west side of the
house have been boarded up. This is creating a code violation
eliminating required light and ventilation to the kitchen and two
bedrooms. Remove the plywood covering these windows and Provide
and install new windows the same size as the existing openings in the
same locations. New windows to be dual pane and to be fully weather-
stripped, to open and close freely and latch securely. Install according
to manufacturer's specifications and obtain approval of windows from $ 1, v`O• `.'
the City of Moorpark before installation.
*8 KITCHEN DOOR (REAR ENTRY)
The kitchen door opening into the exterior porch (landing) has been
closed off illegally. Remove and dispose of this blocked door. Rework
the opening if necessary and provide and install a new pre-hung, solid
core door in same location complete with new threshold, deadbolt, lock-
sets, strike-plates, door stops, and weather stripping. New door to be
mounted plumb, and to open and close freely and latch securely.
Installation to be according to manufacturer's specifications. New door
to be approved by City of Moorpark before installation. $ f, 2t-0. `‘1
*9 EXTERIOR BEDROOM DOOR (REMOVE)
A door leading to the outside has been installed illegally in the west wall
of the south bedroom. Remove and dispose of this door and reframe
the opening. Provide and install drywall over the framing on the interior
side and finish to match the existing adjacent walls. Install exterior wall
covering to match the existing exterior wall. PERMIT WORK $ go• ``')
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 9 of 72
142
*10 INTERIOR DOOR JOINING TWO BEDROOMS
A door joining the south and north bedroom has been installed illegally
in the common wall of the two bedrooms. Remove and dispose of this
door and reframe the opening. Provide and install drywall over the
framing on both sides and tape sand and texture to match the existing
adjacent walls as near as possible. $ 2 .
11 REMOVE POCKET DOOR (SOUTH BEDROOM)
A pocket door is installed in the south bedroom. Remove and dispose
of this pocket door. Rework the opening as necessary and provide and
install a new hinged interior door in same location complete with new
hardware. New door to be mounted plumb, and to open and close
freely and latch securely. Installation to be according to manufacturer's
specifications. New door to be approved by City of Moorpark before $ I, ''.
installation.
12 SOUTH BEDROOM CEILING FAN LIGHT
In the south bedroom, the light socket appears to be pulled loose from
the fixture. Make necessary repairs and ensure the light is functioning
properly. Ensure electrical is properly connected for this installation.
Ensure fan is securely mounted and no wobbling is occurring. PERMIT $ .
WORK
13 REPLACE DOOR (NORTHEAST BEDROOM)
Remove and dispose of the badly damaged northeast bedroom door.
Rework the opening if necessary and provide and install a new hinged
interior door in same location complete with new hardware. New door
to be mounted plumb, and to open and close freely and latch securely.
Installation to be according to manufacturer's specifications. New door
to be approved by City of Moorpark before installation. $ 6-61)-
14 REMOVAL ELECTRIC WALL HEATERS
Currently there are four (4) electric wall furnaces installed in the
house. Remove the electric wall furnaces and properly abandon the
electric wiring to each. Fill in the space with drywall and tape, texture, j
and paint to match the existing surrounding walls. PERMIT WORK $ wv "°
15 INSTALL NATURAL GAS WALL FURNACE
Install one natural gas wall furnace in the north wall of the living room
complete with remote wall mounted thermostat. Furnace to be of
adequate size to heat the entire unit. Ensure new thermostat is
properly connected to the existing wall heater, and is functioning
properly. Install according to manufacturer's specifications making
sure the venting system is installed per uniform mechanical code. $ 2. 4,1') .
PERMIT WORK
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 10 of 72
143
16 NEW ELECTRICAL SERVICE PANEL
Remove and dispose of the existing electric service panel. Provide and
install a new minimum 100 amp service panel. Provide and install all
new circuit breakers. Check all electrical wiring throughout the dwelling.
Verify the electrical loads of all circuits are correctly balanced, and
conductors and breakers are properly sized. Rewire any defective
wiring to meet the current electrical code. Ensure the electrical
receptacles found within 6 ft. of a water source or at exterior locations
are protected by GFCI. Ensure the panel is properly labeled. All
electrical parts and equipment to be UL approved and installed
according to current code and manufacturer's specifications. PERMIT $ 3; `f V�
WORK
17 EXHAUST FAN - BATHROOM
The exhaust fan has been removed from the bathroom ceiling. Provide
and install a new exhaust fan in the same location in the bathroom
ceiling. Provide new electrical switch. New fan to be 90cfm minimum.
All material to be installed according to applicable current code and
manufacturer's specifications. A permit will be required for any new �
electrical wiring. PERMIT WORK $ 400 . ,
18 KITCHEN RANGE
Currently there is no kitchen range. Provide and install a new kitchen
range into the existing opening and hook to the existing gas line. Any
adjustments necessary for a proper fit and a proper connection are to
be considered by the contractor, and performed by the contractor.
Any damage to countertop as a result of this line item is to be repaired
by the contractor, and restored to current condition. Ensure a
complete installation according to manufacturer's specifications. City
of Moorpark to approve of kitchen range before installation. PERMIT $ I. 51R1.
WORK
19 CLEAN KITCHEN CABINETS & INSTALL NEW HARDWARE
Clean the kitchen cabinets and remove and dispose of the existing
hinges and knobs and install new hinges and knobs or pulls for all
drawers and doors subject to approval by City of Moorpark. Ensure all
drawers and doors open and close freely and close flush against
cabinet boxes (contractor not responsible for cabinets out of plumb,
and warped doors). Ensure all hardware is installed according to $ 2, 2(7Q. L."
manufacturer's specifications.
20 FRONT DOOR GLASS REPLACEMENT
Currently a small section of glass is broken out and missing from the
front entry door of the house. Provide and install new glass in this
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 11 of 72
144
same location. New glass to match as near as possible the existing
adjacent glass. $ (20• IN
21 SLIDING CLOSET DOOR REPAIRS
Currently the bedroom sliding closet doors are not sliding properly on
the tracks. Adjust sliding doors and/or repair tracks to allow them to
open and close and glide freely, and latch securely. Provide any parts
or materials necessary to ensure sliding doors are operating properly. $ 120.
22 RECAULK BATHTUB
Remove all of the existing caulking and/or grout around the bathtub.
Provide and install new tub-shower caulking to all connections of tub
and tile surround. Ensure a full seal and that all of the caulking is
smooth, even and consistent. Repair drywall at corner of bathtub. $ w
23 RAILINGS
Remove existing railing from the rear entry porch. Provide and install
new railings for the steps and porch landing located at the same
location, rear entry porch. New railing to be constructed of wood and to
be mounted to steps and landing. Re-attach/repair the cabinet doors to
the storage area beneath the porch. Prime and paint according to item
# 24 below, EXTERIOR PAINT. Apply paint and materials according to
manufacturer's specifications. PERMIT WORK $ +,
24 INTERIOR PAINT
Patch and prep all walls and ceilings found throughout interior of
house. Caulk all gaps, patch all holes, dull all glossy surfaces such as
doors etc. Fte-texture any patched areas to match existing surrounding
walls or ceilings. Provide trim or finish for all areas where trim is
missing. Paint all interior walls, doors, trim, etc, and ceilings with
washable latex paint. Apply a minimum of 2 coats where necessary to
obtain complete even coverage. City of Moorpark to select brand, `J
color and level of sheen from samples provided by the contractor. $ y.-5"
25 EXTERIOR PAINT
Power wash or scrub wash all exterior surfaces of the subject house •
and garage. Ensure all surfaces are clean of all debris and loose,
peeling or chipping paint. Patch all damaged/cracked stucco or wood.
Apply a full coat of primer and two coats of exterior grade premium
quality paint to the wood siding, fascia board, the eves & rafter tails,
and wooden porch railings and all other wood trim and siding of the
house. Apply two coats of paint to ensure a full and even coverage
over all surfaces. City of Moorpark to approve of color and type of $ .
paint before application.
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 12 of 72
145
26 CARPET
Remove and dispose of all existing carpeting found in all three
bedrooms (Include all closets). Patch and prep floor surfaces to be even
and consistent. Install new 1/" padding, and carpet (min. face weight 35
oz. and P.A.R. 3.5). New carpet flooring not to exceed $4.50 per Sq. Ft.
maximum, including installation. Include metal floor strips and tack
strips where required for complete installation. City of Moorpark to
select carpet from the samples provided by the contractor. $ 2,c 25. °"
27 DOOR LOCK (GARAGE WALK IN DOOR)
Currently there is no entry lock existing for the garage side entry door.
Provide and install a new "quickset" or equivalent lock for same door.
Ensure lock latches securely, and with minimal effort from inside, and
from key outside. Key the Lock to match the existing deadbolt lock. $ 2". "
Install according to manufacturer's specifications.
28 WOOD FENCE & GATE
Currently a wood fence and wood gate are installed connecting the
garage to the illegal enclosed patio. Remove and properly dispose of
this fence. Do not dispose of the wood gate. Install the wood gate on the
south side where the gate is missing. This gate will connect the garage
to the house as it was originally installed securing the rear yard. $ I .-51T1•
We propose to perform the labor and supply the materials for the items indicated on the
work write-up for the sum of:
SUBTOTAL $ 35 , io 5 • "
PERMIT FEES $ 1 , 5
TOTAL $ 3 A , 3 t1 S. "
(Total should match total listed on bid proposal form above.)
NOTE: It is the responsibility of the contractor to obtain the necessary permits from the
City of Moorpark
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 13 of 72
146
EXHIBIT C
IP
ital , -it'
2 / °
X94 i
CITY OF MOORPARK
Project Manual
and
Specifications
Rehabilitation Work at 1449 Walnut Canyon Road,
Moorpark, California
Bid Due Date and time:
Thursday, August 25, 2011 at 3:00 p.m.
Specification No. COM-11-001
147
TABLE OF CONTENTS
BIDDING, AGREEMENT FORMS AND BONDS:
Notice Inviting Bids
**Bid Forms:
Bid Proposal
Attachment 1 to Bid Proposal
Non-collusion Affidavit
Bid Bond
Compliance with Environmental, Health & Safety Standards
Workers' Compensation Insurance Certificate
Bidder's Statement of Subcontractors
Agreement and Bonds
Contract
Performance and Payment Bonds
Material Suppliers and Laborers
CONDITIONS OF THE CONTRACT:
General Conditions
TECHNICAL SPECIFICATIONS
•
** FORMS TO BE SUBMITTED WITH BID.
City of Moorpark Bid Package
Housing Rehabilitation — 1449 Walnut Canyon Road Page 2 of 72
148
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR REHABILITATION OF 1449
WALNUT CANYON ROAD, MOORPARK, CA 93021
There will be a mandatory pre-bid conference and site walk held on Thursday,
August 4, 2011 at 10:00 a.m. at 1449 Walnut Canyon Road. Potential bidders are
required to attend this meeting. Failure to attend the mandatory pre-bid meeting will
result in a bidder's proposal being rejected as non-responsive.
BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid
package. All blanks in the Bid Form must be filled in and all prices must be stated in
both words and figures. It is the sole responsibility of the bidder to see that the bid is
delivered to the proper place and received at the proper time. Any bid received after the
scheduled closing time for receipt of bids will be returned to the bidder unopened. All bid
forms must be sealed and delivered before 3:00 p.m. on August 25, 2011 to the
following address (postmarks will not be accepted):
City Clerk's Office
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
NOTE: Please mark the outside of the envelope:
Sealed Bid for
Rehabilitation Project— 1449 Walnut Canyon Road
Moorpark, CA 93021
DO NOT OPEN WITH REGULAR MAIL
Bidders shall submit one complete 'set of the Bid' Forms and all required
attachments. No proposal received after the time specified or at any place other than
the place stated above will be considered. All bids will be opened and declared publicly.
The official bid clock, which will establish the official bid time, will be determined by the
City Clerk's Division of the City of Moorpark. Bidders or their representatives are invited
to be present at the opening of the bids.
No individual or business entity of any kind shall be allowed to make or file, or to be
interested in more than one bid, except an alternative bid when specifically requested.
An individual or business entity which has submitted a sub-proposal to a bidder
submitting a proposal, or who has quoted prices on materials to such bidder, is not
thereby disqualified from submitting a sub-proposal or from quoting prices to other
bidders submitting proposals.
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 3 of 72
149
Instructions to Bidders (continued)
A bidder may withdraw the proposal, without prejudice prior to the time specified for the
bid opening, by submitting a written request to the City for its withdrawal, in which event
the proposal will be returned to the bidder unopened. Changes in or additions to the Bid
Form, recapitulations of the work bid upon, alternative proposals, or any other
modification or deviation of the Bid Form which is not specifically called for in the
Contract Documents may result in the City's rejection of the bid as being non-
responsive. Non-substantial deviations may be permitted provided that the bidder
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposed deviation will be made solely by the
City.
BID BONDS: The bid must be accompanied by certified check, cashier's check, or
bidder's bond, made payable to the City of Moorpark for an amount no less than ten
percent (10%) of the total bid amount, as a guarantee that the bidder, if its bid is
accepted, will promptly obtain the required bonds and insurance and will prepare the
required submittal documents and execute the contract. The Bid Bonds for those bids
that were not selected will be returned to the Bidders upon award of the contract by the
City Council.
The bidder to whom award is made shall execute a written contract with the City within
fourteen (14) calendar days after notice of the award has been sent by mail to the
address given in the proposal. The contract shall be made in the form adopted by the
City and incorporated in these specifications. The bidder warrants that he/she
possesses, or has arranged through subcontracts, all capital and other equipment, labor
and materials to carry out and complete the work hereunder in compliance with all
applicable Federal, State, City, and Special District laws, ordinances, and regulations.
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled; any bid security will be forfeited; and an award may be made to the next
lowest responsible bidder who shall fulfill' every term and condition of the bid as if
he/she were party to whom the first award was made.
BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the
plans or specifications or have any questions concerning the bidding documents or
proposal forms contact the City's Project Representative:
Jessica Sandifer, Management Analyst
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
(805) 517-6225 or jsandifer@ci.moorpark.ca.us
City of Moorpark Bid Package
Housing Rehabilitation— 1449 Walnut Canyon Road Page 4 of 72
150
Instructions to Bidders (continued)
Please do not call other staff members or consultants. If a prospective bidder is in doubt
or has any questions as to the true meaning or intent of any part of the Bid package, or
discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the
above Project Representative, a written request for an interpretation or a correction
thereof. Interpretations or corrections shall be made only by addendum duly issued by
the City. A copy of such addendum will be mailed, faxed, or delivered to each person
receiving a set of the Contract Documents and such addendum shall be considered a
part of, and incorporated in, the Contract Documents. Questions must be received in
writing no later than 96 hours prior to the bid deadline in order to provide the Agency
sufficient time to evaluate the question and respond no later than 72 hours prior to the
bid deadline. Questions received after the 96 hour deadline will be deemed not
received.
All requests for information (regarding the bid) submitted in writing by the deadline will
receive a written response from the Agency. Telephone communications with Agency
Staff will not be permitted. Any oral communication shall not be binding on the Agency.
BIDS QUOTES AND UNIT PRICING: The individual line item prices should be bid as
lump sum prices and must be entered in figures in the spaces provided on the Bid
Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission
Form(s) must be totally completed. Unit prices, if applicable, should be added as
Appendix A and are to be used only for changes to the contract.
EVALUATION OF BIDS AND AWARD: The City reserves the right to retain all bids for
a period of 90 calendar days.for examination and comparison, and to delete or add any
alternates to/from the contract. Bidders shall guarantee the bid prices fcr said 90 day
period to facilitate City evaluation of the bids. Each bidder shall meet all of the
specifications and bid terms and conditions. By virtue of the bid submission and
acceptance of the bid award, the bidder acknowledges full understanding of, and
agreement with, and acceptance of all provisions of the plans, specifications and
contract documents. The City reserves the right to waive non-substantial irregularities in
any bid, to reject any or all proposals, to reject or delete one part of a proposal and
accept the other, except to the extent that the bids are qualified by specific limitations
given by the City, and to make award to the lowest responsible bidder as the interest of
the City may require.
In addition to the information required by the bid documents, the City may request
evidence from a bidder, whose bid is under consideration for award, reasonable
evidence showing that bidder's financial resources, construction experience, and
organization and plant facilities are sufficient for performance of the contract.
•
•
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Pages 6 to 38 are Exhibit B
and the Agreement
documents and have been
removed so as not to be
duplicitous
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as "Contractor" as principal,
and hereinafter referred to as "Surety," are held and
firmly bound unto the City of Moorpark, California, hereinafter referred to as "City", or
"Obligee" in the sum of Dollars ($ ), lawful
money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract with the City of Moorpark, California, for rehabilitation work at 1449 Walnut
Canyon Road, and is required by said City to give this bond in connection with the
execution of said Contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform
all the covenants and obligations of said Contract to be done and performed at the time
and in the manner specified herein, then this obligation shall be null and void one year
after date of recordation of Notice of Completion by City of the completed work;
otherwise it shall be and remain in full force and effect, and Surety shall cause the
Contract to be fully performed or to pay to obligee the cost of performing said Contract
in an amount not exceeding the said sum above specified, and shall also, in case suit is
brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to
be fixed by the court.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of the
Contract release either the Contractor or the Surety; and notice of such alterations or
extensions of the Contract is hereby waived by the Surety.
WITNESS our hands this day of_ , 2011.
Contractor By
Title By
Surety By:
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FORM TO ACCOMPANY
BOND FOR FAITHFUL PERFORMANCE
PLEASE SUBMIT STANDARD CALIFORNIA
NOTARY ACKNOWLEDGEMENT WITH THE
FAITHFUL PERFORMANCE BOND.
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BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter
referred to as "Contractor" as principal, and
hereinafter referred to as "Surety," are held and firmly bound unto the CITY OF
MOORPARK, CALIFORNIA, hereinafter referred to as "City" in the sum of
Dollars ($ ), lawful money of the
United States of America, for the payment of which sum well and truly to be made, we
bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract for the rehabilitation of 1449 Walnut Canyon Road and is required by City to
give this bond in connection with the execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors fails to pay for any subcontractors, materials, provisions, or its other
supplies, or items, used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, said Surety will pay
for the same in an amount not exceeding the sum specified above, and also, in case
suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in Section 3181 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated six (6) months after the date of recordation of the
Notice of Completion by the City and only with the City's written permission. However,
Bond shall not be exonerated if claims or stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the
material to be furnished, which may be made pursuant to the terms of said
Contract shall not in any way release either the Contractor or the SUirety
thereunder, nor shall any extensions of time granted under the provisions of said
Contract release either the Contractor or the Surety; and notice of such
alterations or extensions of the Contract is hereby waived by the Surety.
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BOND FOR MATERIAL SUPPLIERS AND"LABORERS
(continued)
WITNESS our hands this day of , 2011
Contractor
By
Title
By
Title
Surety
By
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FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
PLEASE SUBMIT STANDARD CALIFORNIA
NOTARY ACKNOWLEDGEMENT WITH THE
MATERIAL SUPPLIERS AND LABORERS
BOND.
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•
GENERAL CONDITIONS TO THE CONTRACT FOR
CONSTRUCTION
The General Conditions may be supplemented or amended elsewhere in the Contract
Documents and other sections of the Project Manual. All provisions which are not so
amended or supplemented remain in full force and effect.
Except as hereinafter provided, the provisions of the latest edition of the Standard
Specifications for Public Works Construction (SSPWC), and all supplements thereto,
prepared and promulgated by the Greenbook Committee of Public Works Standards
Inc., formerly the Southern California Chapter of the American Public Works Association
and the Associated General Contractors of America, and the following modifications
thereto are established as the Standard Specifications for the City. They will be referred
to in the General Conditions and contract documents as the "Greenbook". These
specifications will prevail as the basic Standard Specifications for this project except as
otherwise specifically noted in the General Conditions when reference is made to the
State Standard Specifications.
Contractor agrees that if there is a conflict between the documents, or a conflict,
repetition, or ambiguity within any of the documents, the City shall be the sole person to
decide which document or provision shall govern, to the interest of the City.
The City will make the final decisions based on the recommendations of the City's
designated Project Representative. Jessica Sandifer, Management Analyst is the City's
project representative assigned to this project and will act as directed by and under the
supervision of the City Manager.
In the attached, "City," and "Owner" shall refer to the City of Moorpark, Moorpark,
California.
ARTICLE 1
GENERAL CONDITIONS
1.1 BASIC DEFINITIONS
1.1.1 The Contract represents the entire and integrated Agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract shall not be construed to create a contractual relationship of any
kind (1) between the City and a Subcontractor or supplier or (2) between any persons or
entities other than the City and Contractor.
1.1.2 The term "work" means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The work may constitute the whole or part of the project.
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1.1.3 The "project" is the total construction of the work performed under the Contract
Documents and may be the whole or a part which may include construction by other
Contractors and by the City's own forces including persons or entities under separate
contracts not administered by the City.
1.1.4 The "drawings" are the graphic and pictorial portions of the Contract, wherever
located and whenever issued, showing the design, location and dimensions of the work,
generally including plans, elevations, sections, details, schedules, and diagrams.
1.1.5 The "specifications" are that portion of the Contract consisting of the written
requirements for materials, equipment, construction systems, standards and
workmanship for the work, and performance of related services.
1.1.6 The Project Manual is the volume assembled for the work which includes without
limitation, the bidding requirements and documents, the proposal, sample forms, the
contract and conditions of the Contract.
1.1.6.1 The drawings, specifications, project manual, contract and all incorporations by
reference comprise the contract documents.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the City and Contractor as provided in
the Contract.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor
has visited the site, become familiar with local conditions under which the work is to be
performed and correlated personal observations with requirements of the Contract and
agrees to all terms and conditions of the contract documents.
1.2.3 The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the work by the Contractor. THE CONTRACT
DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL
BE BINDING AS IF REQUIRED BY ALL.
1.2.4 Organization of the specifications into divisions, sections and articles, and
arrangements of drawings shall not control the Contractor in dividing the work among
Subcontractors or in establishing the extent of work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract, words which have well-known technical
or construction industry meanings are used in the Contract in accordance with such
recognized meanings.
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1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined and (2) the titles of numbered articles and identified references to
Paragraphs, Sub-paragraphs and Clauses in this document.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract frequently omits modifying words such as
"all" and "any" and articles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is not intended to affect the
interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The City is the person or entity identified as such in the Contract and is referred to
throughout the Contract as if singular in number. The terms "City" and "Owner" mean
the City of Moorpark, and it is the owner.
2.1.2 The City upon reasonable written request shall furnish to the Contractor, in writing,
information which is necessa_ ry and relevant for the Contractor to evaluate, give notice
or enforce claim rights.
2.2 INFORMATION AND SERVICES REQUIRED BY THE CITY
2.2.1 Information or services under the City's control shall be furnished by the City with
reasonable promptness to avoid delay in orderly progress of the work.
2.2.2 As necessary, the City shall forward all communications to the Contractor through
the fax and/or first class mail, personal delivery, or overnight delivery service.
2.3 CITY'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct work which is not in accordance with the
requirements of the Contract, in the required time frames, or persistently fails to carry
out work in accordance with the Contract, the City, by written order signed personally or
by an agent specifically so empowered by the City in writing, may order the Contractor
to stop the work, or any portion thereof, until the cause for such order has been
eliminated; however, the right of the City to stop the work shall not give rise to a duty on
the part of the City to exercise this right for the benefit of the Contractor or any other
person or entity. These remedies are supplemental to remedies found elsewhere in the
Contract.
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2.4 CITY'S RIGHT TO CARRY OUT THE WORK
2.4.1 Notwithstanding other remedies available to the City, if the Contractor defaults or
neglects to carry out the work in accordance with the Contract and fails within a ten
calendar day period after receipt of written notice from the City to commence and
correct such default or neglect with diligence and promptness, the City, at its sole option
and without obligation, may, with their own or outside forces, correct such deficiencies.
In such case an appropriate deduction shall be made by the City from payments then,
or thereafter, due to the Contractor for the cost of correcting such deficiencies, including
compensation for the City's additional services and expenses made necessary by such
default, neglect, or failure. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the difference to the City. This
remedy is cumulative. The City may terminate pursuant to section 12 of the contract.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such in the Contract and is
referred to throughout this Contract as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under conditions of the Contract that are administered by the City, and that
are identical or substantially similar to these conditions.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.2.1 In addition to other investigations required by the contract documents, the
Contractor shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the
Contractor with the Contract before commencing activities. Errors, inconsistencies or
omissions discovered shall be reported to City Staff at once.
3.2.2 The Contractor shall perform the work in accordance with the Contract.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and all safety
requirements for coordinating all portions of work under this Contract, subject to overall
coordination of the Construction, and subject to overall coordination by City Staff as
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provided in Subparagraphs 4.2.3.
3.3.2 The Contractor shall be responsible to the City for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the work in
accordance with the Contract either by activities or duties of City Staff in the
administration of the Contract, or by tests, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the project related to the Contractor's
work in order to determine that such portions are in proper condition to receive
subsequent work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract, the Contractor shall provide and pay
for labor, materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation and other facilities and services necessary for proper
execution and completion of the work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the work.
3.5 WAGE RATES, PAYROLL RECORDS AND DEBARMENT
3.5.1 The Contractor is aware of the requirements of California Labor Code sections
1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8,
section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on certain "public works" and
"maintenance" projects. Since this Project involves an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem
wages at the commencement of this Agreement from the website of the Division of
Labor Statistics and Research of the Department of Industrial Relations located at
www.dir.ca.gov/dlsr/. Contractor shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to perform work on the
Project available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the Project site. Contractor shall defend,
indemnify and hold the City of Moorpark, its elected officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.5.2 The Contractor and each subcontractor shall forfeit as a penalty to the City of
Moorpark not more than fifty dollars ($50) for each calendar day, or portion thereof, for
each worker paid less than the stipulated prevailing wage rate for any work done by
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him, or by any subcontract under him, in violation of the provisions of the California
Labor Code. The difference between such stipulated prevailing wage rate and the
amount paid to each worker for each calendar day or portion thereof for which each
worker was paid less than the stipulated prevailing wage rate shall be paid to each
worker by the Contractor.
3.5.3 As a further material part of this Contract, Contractor agrees to hold harmless and
indemnify the City, its Board and each member of the Board, its officers, employees and
agents from any and all claims, liability, loss, costs, damages, expenses, fines and
penalties, of whatever kind or nature, including all costs of defense and attorneys' fees,
arising from any alleged failure of Contractor or its subcontractors to comply with the
prevailing wage laws of the State of California. If the City or any of the indemnified
parties are named as a party in any dispute arising from the failure of Contractor or its
subcontractors to pay prevailing wages, Contractor agrees that the City and the other
indemnified parties may appoint their own independent counsel, and Contractor agrees
to pay all attorneys' fees and defense costs of the City and the other indemnified parties
as billed, in addition to all other damages, fines, penalties and losses incurred by the
City and the other indemnified parties as a result of the action.
3.5.4 Accurate payroll records shall be kept by the Contractor and each subcontractor,
showing the name, address, social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work.
3.5.5 It shall be the responsibility of Contractor to Comply with Labor Code section 1776
as it may be amended by the Legislature from time to time with respect to each payroll
record. As of April, 2003, Labor Code section 1776 provides in relevant part:
"(a) 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
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request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be
made available for inspection or furnished upon request to a representative of the body
awarding the contract, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be
made available upon request by the public for inspection or for copies thereof. However,
a request by the public shall be made through either the body awarding the contract, the
Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement.
If the requested payroll records have not been provided pursuant to paragraph (2), the
requesting party shall, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through which the request
was made. The public shall not be given access to the records at the principal office of
the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement or shall contain the same information as the forms provided by
the division.
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested the records within 10 days after receipt of a
written request.
(e) Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency by the awarding body, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be
marked or obliterated to prevent disclosure of an individual's name, address, and social
security number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of
records made available for inspection by, or furnished to, a joint labor-management
committee established pursuant to the federal Labor Management Cooperation Act of
1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated
only to prevent disclosure of an individual's name and social security number. A joint
labor management committee may maintain an action in a court of competent
jurisdiction against an employer who fails to comply with Section 1774. The court may
award restitution to an employee for unpaid wages and may award the joint labor
management committee reasonable attornoy'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.
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(g) The contractor or subcontractor shall have ten (10) days in which to comply
subsequent to receipt of a written notice requesting the records enumerated in
subdivision (a): In the event that the contractor or subcontractor fails to comply within
the 10-day period, he or she shall, as a penalty to the state or political subdivision on
whose behalf the contract is made or awarded, forfeit 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 Project Representative no
later than the tenth (10` ) day of each month for the immediately preceding month. This
submission shall be a condition precedent for payment to Contractor. Failure to submit
payroll records shall be grounds of withholding payment to Contractor until such
submission is made.
3.5.6 Debarment. The Contractor or any subcontractor working under the Contractor
may not perform work on a public works project with a subcontractor who is ineligible to
perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the
California Labor Code. Any contract on a public works project entered into between the
Contractor and a debarred subcontractor is void as a matter of law. A debarred
subcontractor may not receive any public money for performing work as a subcontractor
on a public works contract. Any public money that is paid, or may have been paid to a
debarred subcontractor by the Contractor on the project shall be returned to the City.
The Contractor shall be responsible for the payment of wages to workers of a debarred
subcontractor who has been allowed to work on the project.
3.6 APPRENTICES
3.6.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and
1777.7 of the California Labor Code concerning employment of apprentices by the
Contractor or any subcontractor under him. The Contractor shall be knowledgeable of
and comply with all California Labor Code sections including 1727, 1773.5, 1775, 1777,
1777.5, 1810, 1813, 1860, including all amendments; each of these sections is
incorporated by reference into this Contract. The responsibility for compliance with
these provisions for all apprentice able occupations rests with the Contractor. Knowing
violations of Section 1777.5 will result in forfeiture not to exceed $100 for each calendar
day of non-compliance pursuant to Section 1777.7.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the work or
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portions thereof provided by the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 The Contractor shall secure and pay for all necessary permits required for the
proper execution and completion of the work in this contract, including a City of
Moorpark Business Registration Permit, which can be obtained from the Community
Development Department.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on performance of the
work.
3.7.3 If the Contractor performs work knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations, the Contractor shall assume full
responsibility for such work and shall bear the attributable costs to remove, correct
and/or otherwise comply with the law.
3.8 ALLOWANCES
Not used.
3.9 CONTRACTOR'S SUPERVISION/SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in full time attendance at the project site during performance of
the work. They shall have extensive experience in projects similar to this one. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be binding as if given.to the Contractor. Important communications
shall be confirmed in writing. Other communications shall be similarly confirmed on
written request in each case. The Contractor shall give efficient supervision to work,
using his/her best skill and attention. He/she shall carefully study and compare all
drawings, specifications and other instructions and shall at once report to City Staff any
error, inconsistency or omission which he/she may discover.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE
3.10.1 The Contractor, promptly after being awarded the Contract, shall submit
Contractor's construction schedule for the work. Such schedule shall not exceed time
limits current under the Contract, shall be revised at appropriate intervals as required by
the contract documents, conditions of the work and progress. The construction schedule
shall provide for expeditious and practicable execution of the work and shall show
procurement and submittals. See specifications for further requirements regarding
construction schedule.
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3.10.2 The Contractor shall cooperate with the City in scheduling and performing the
Contractor's work to avoid conflict, delay in, or interference with the work of other
Contractors or the construction or operations of the City's own forces.
3.10.3 The Contractor shall prepare and keep current, for City staff approval, a schedule
of submittals which is coordinated with the Contractor's construction schedule and
allows for a reasonable time for review. Contractor shall also keep current a Request for
Information (RFI) schedule and reply record.
3.11 USE OF SITE
3.11.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, and permits and shall not unreasonably encumber the site with materials or
equipment.
3.11.2 The Contractor shall coordinate their operations with, and secure the approval of,
the City before using any portion of the site.
3.12 ACCESS TO WORK
3.12.1 The Contractor shall provide the City access to the work in preparation and
progress wherever located.
3.13 ROYALTIES AND PATENTS
3.13.1 The Contractor shall pay all royalties and license fees, fees for use of patent
rights and shall hold the City harmless from the loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a
particular manufacturer is required by the Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 CITY'S REPRESENTATIVES
4.1.1 One or more Representatives employed by the City may be assigned to the work.
His/her duties shall be defined by the City.
4.1.2 The designated City Project Representative or entity is identified as such in the
Contract and is referred to throughout the Contract as if singular in number. The
designated staff person will act as directed by and under the supervision of the
Redevelopment Manager, and will confer with the Redevelopment Manager and City
regarding its actions.
4.1.3 The City's Project Representative shall have full access to all operations involving
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work under this Contract and shall be provided reasonable advance notice of the time
and place of operations which he/she desires to observe.
4.1.4 The Contractor shall furnish City reasonable facilities for obtaining such
information as may be necessary to keep them fully informed respecting progress and
manner of work and character of materials. Observation of work shall not relieve the
Contractor from any obligation to fulfill this Contract. The City Manager shall have
authority to stop work whenever provisions of the Contracture not being complied with
and the Contractor shall instruct his/her employees accordingly.
4.1.5 Duties, responsibilities and limitations of authority of City's Representative as set
forth in the Contract shall not be restricted, modified or extended without written consent
of the City and Contractor. Consent shall not be unreasonably withheld.
4.1.6 In case of termination of employment of the designated staff person, the City shall
appoint a staff person whose status under the Contract shall be that of the former staff
or higher, respectively.
4.2 ADMINISTRATION OF THE CONTRACT
4.2.1 The City's project representative will provide administration of the Contract as
described in the Contract under the direction of the Redevelopment Manager, and will
advise the City during construction, until all contractual obligations are completed and
contract performed or terminated. The Representative will advise and consult with the
City and will have authority as stated in the Contract, unless otherwise modified by
written instrument in accordance with other provisions of the Contract.
4.2.2 The City's Project Representative will determine that the work is being performed
in accordance with the requirements of the Contract, will keep the Redevelopment
Manager informed of the progress of the work, and will endeavor to guard the City
against defects, deficiencies in the work and slow progress.
4.2.3 The City's Project Representative will provide for coordination of the activities of
other Contractors and of the City's own forces with the work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and the
City in reviewing their construction schedules. The Contractor shall make any revisions
to the construction scheduler deemed necessary after a joint review and as required by
the contract documents. The construction schedules, until subsequently revised, shall
constitute the schedules to be used by the Contractor, other Contractors, and City.
4.2.4 The City's Project Representative will not have control over or charge of and will
not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work, since
these are solely the Contractor's responsibility as provided in Paragraph 3.3, and
neither will be responsible for the Contractor's failure to carry out the work in
accordance with the Contract. The City will not have control over or charge of or be
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responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
4.2.5 The Contractor shall communicate directly with the City. Communications by and
with Subcontractor's and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the City's Project
Representative.
4.2.6 The Project Representative will review and certify the applications for payment by
the Contractor. City staff will assemble the Contractor's application for payment into a
project application and request for payment.
4.2.7 Based on the City's observations and evaluations of Contractor's applications for
payment, the application will be processed. Final approval for payment rests with the
City Manager.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money, and
extension of time or other relief with respect to the terms of the Contract. The term
"claim" also includes other disputes and matters in question, between the City and
Contractor arising out of or relating to the Contract. Claims must be made by written
notice. The responsibility to substantiate claims shall rest with the party making the
claim. An unresolved claim is an unresolved dispute.
4.3.2 Time Limits on Claims. Claims by either party must be made within 14 calendar
days after occurrence of the event giving rise to such claim or within 14 days after the
claimant first recognizes the condition giving rise to the claim, whichever is later. Claims
must be made by written notice. An additional claim made after the initial claim has
been implemented by Change Order will not be considered unless submitted in a timely
manner.
4.3.3 Continuing Contract Performance. Pending final resolution of a claim, answer on
change order request, or unresolved dispute, unless otherwise agreed in writing, the
Contractor shall proceed diligently with performance of the work and contractual
obligations and the City shall continue to rnake agreed upon payments in accordance
with the Contract. (Also see 4.3.5)
4.3.4 Claims for Additional Cost. If the Contractor wishes to make a claim for an
increase in the contract lump sum, written notice as provided herein shall be given
before proceeding to execute the work as required. Prior notice is not required for
claims relating to an emergency endangering life or property arising under Paragraph
9.3. If the Contractor believes additional cost is involved for reasons including but not
limited to, (1) an order by the City to stop the work where the Contractor was not at
fault, (2) a written order for a minor change in the work issued by the Representative,
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(3) failure of payment by the City, (4) termination of the Contract by the City, (5) or City's
suspension of work, claims shall be filed in accordance with the procedure established
herein.
4.3.5 Claims for Additional Time.
4.3.5.1 If the Contractor wishes to make a claim for an extension in time to complete the
Contract, written notice to the City, shall be given by the Contractor. The Contractor's
claim shall include an estimate of probable effect of delay on progress of the work. In
the case of a continuing delay only one claim is necessary.
4.3.5.2 If adverse weather conditions are the basis for a claim for additional time, such
claim shall be documented in writing substantiating that weather conditions were
abnormal for the period of time and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction. Payment
for general condition items, overhead, and profit shall not be made for additional time
granted for adverse weather conditions, vandalism, casualty loss and/or material
availability. Contractor expressly waives any rights to such claims. Contractor must
have provided required erosion control and access protection as a requirement to
making claims for extension of time because of adverse weather conditions.
4.3.5.3 No claims for adverse weather conditions for weekends or holidays will be
granted unless contractor specifically requested (in writing) permission to work and was
granted such permission by the City. If rain is predicted when the request to work is
received by the City, the request to work will be rejected, unless the work is inside and
protected access is in place.
4.3.5.4 At no time shall the Workload of material manufacturers be considered a reason
to claim "inability to obtain materials" for purposes of requesting a time extension.
4.3.6 Injury or Damage to Person or Prcperty. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party
is legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding 2 days after initial
observance or notification. The notice shall provide sufficient detail to enable the other
party to investigate the matter.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The City will review claims and disputes, with the City Manager, and take one or
more of the following preliminary actions within ten days of receipt of a claim: (1)
request additional supporting data from the claimant, (2) submit a schedule to the
parties indicating when they expect to take action, (3) recommend rejecting the claim in
whole or in part, stating reasons for rejection, (4) recommend approval of the claim by
the other party or (5) suggest a compromise. The City may, but is not obligated to, notify
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the surety, if any, of the nature and amount of the claim.
4.4.2 If a claim has been resolved, the City will notify the parties in writing of the
resolution.
4.4.3 An unresolved claim is an unresolved dispute.
4.4.4 If a claim has not been resolved, the party making the claim shall, within ten days
after the City's preliminary response, take one or more of the following actions: (1)
submit additional supporting data requested, (2) modify the initial claim, (3) notify the
City that the initial Claim stands, or (4) withdraw the claim.
4.4.5 Contractor, in the event of any dispute or controversy with the City over any matter
whatsoever, shall not cause any delay or cessation in or of work, but shall proceed with
the performance of the work in dispute. This includes disputed time extension requests
and prices for changes.
4.4.6 The disputed work will he categorized as an "unresolved dispute" and payment, if
any, shall be as later determined by mutual agreement or a court of law. Contractor will
keep accurate, detailed records on all disputed work, claims and other disputed matters
and submit same to City. Public Contract Code 20104 et. seq., shall govern the claim
procedure.
4.4.7 In no event will the Contractor be allowed to reserve its rights to assert a claim for
time extension, or any other type of claim, later than as required by paragraph 4.3.2
unless the City agrees in writing to allow such reservation.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor
to perform a portion of the work at the site. The term "Subcontractor" is referred to
throughout the Contract as if singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term "Subcontractor" does not
include other Contractors or Subcontractors of other Contractors. A Subcontractor shall
be considered an employee of the Contractor and the Contractor shall be responsible
for his/her work.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with
a Subcontractor to perform a portion of the work at the site. The term "Sub-
subcontractor" is referred to throughout the Contract as if singular in number and means
a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
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5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 All contracts between the general Contractor and its subcontractors and suppliers
shall include a provision that the subcontractors and suppliers shall be bound to the
Contractor to the same extent that the Contractor is bound to the City by all terms and
provisions of the Contract, and shall incorporate the contract by reference into all
subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor
shall be as fully responsible to the City for acts and omissions of Subcontractor and of
persons either directly or indirectly employed by Subcontractor, as he/she is for acts
and omissions of persons directly employed by himself/herself. Nothing contained in the
Contract shall create any contractual relation between any Subcontractor and the City.
5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing
for review by the City, the names of persons or entities including those who are to
furnish materials or equipment fabricated to a special design proposed for each
principal portion of the work.
5.2.3 The City's consent to or approval of any Subcontractor under this Contract shall
not in any way relieve the Contractor of his/her obligations under this Contract and no
such consent or approval shall be deemed to waive any provision of this Contract.
5.2.4 The Contractor shall not contract with a proposed person or entity to whom the
City has made reasonable and timely objection. The Contractor shall not contract to any
unlicensed or uninsured Subcontractor or supplier.
5.2.5 The Contractor shall not change a Subcontractor, person or entity previously
approved if the City makes reasonable objection to such change. Substitution or
addition shall be permitted only as authorized in Chapter 2 (commencing at Section
4100) Division 5, Title 1 of California Government Code.
5.3 SUBCONTRACTUAL RELATIONS
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5.3.1 Each subcontract agreement shall preserve and protect the rights of the City,
under the Contract with respect to the work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by
this Contract, has against the City. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor
shall make available to each proposed Subcontractor, prior to the execution of the
subcontract agreement, copies of the Contract to which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor
terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract. Subcontractors shall similarly make copies of applicable portions of
such documents available td their respective proposed Sub-subcontractors.
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5.4 MUTUAL RESPONSIBILITY
5.4.1 The Contractor shall afford the City's own forces and other Contractors
reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the City.
5.4.2 if part of the Contractor's work depends for proper execution or results upon
construction or operations by the City's own forces or other Contractors, the Contractor
shall, prior to proceeding with that portion of the work, promptly report to the City
apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor to report
these discrepancies and defects shall constitute an acknowledgment that the City's own
forces or other Contractors' completed or partially completed construction is fit and
proper to receive the Contractor's work.
5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the City or
other Contractors.
5.4.4 Claims and other disputes and matters in question between the Contractor and
other Contractors shall be subject to the provisions of Paragraph 4.4.
5.5 CITY'S RIGHT TO CLEAN UP
5.5.1 If a dispute arises among the Contractor, other Contractors and the City as to the
responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the City may clean up and
allocate the cost among those responsible as the City determines to be equitable.
ARTICLE 6
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CHANGES IN THE WORK
6.1 CHANGES
6.1.1 Changes in the work may be accomplished after execution of the Contract, and
without invalidating the Contract, by change order, construction change directive or
order for a minor change in.the work, subject to the limitations stated in this Article 6
and elsewhere in the Contract.
6.1.2 A change order shall be based upon prior written agreement among the City, and
Contractor; a construction change directive requires prior written agreement by the City
and may or may not be agreed to by the Contractor; an order for a minor change in the
work may be issued by the City. Final approval for all change orders rests with the City.
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The City Manager is the final approving authority.
6.1.3 Changes in the work shall be performed under applicable provisions of the
Contract, and the Contractor shall proceed promptly, unless otherwise provided in the
change order, construction change directive or order for a minor change in the work.
6.1.4 Requests for changes and time extensions may be submitted in letter form with
detailed backup and substantiated reasons attached. All requests submitted without
detailed backup and substantiated reasons will be returned without action.
6.2 CHANGE ORDERS
6.2.1 A change order is a written instrument prepared by the City and signed by the City
and Contractor, stating their agreement upon all of the following:
1. a subsequent change in the work;
2. the amount of the adjustment in the Contract lump sum, if any; and
3. the extent of the adjustment in the Contract time, if any.
6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
City, directing a change in the work and stating a proposed basis for adjustment, if any;
in the Contract lump sum or Contract time, or both. The City may, by construction
change directive, without breaching the contract, order changes in the work within the
general scope of the Contract consisting of additions, deletions or other revisions, the
Contract lump sum and Contract time being adjusted accordingly, in accordance with
provisions of the contract documents.
6.3.2 A construction change directive shall be used in the absence of total agreement
on the terms of a change order or pending change order.
6.3.3 If the construction change directive provides for an adjustment to the Contract
lump sum, the adjustment shall be based on one of the following methods, and in
accordance with provisions of the contract documents:
1. Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
2. Unit prices stated in the Contract or subsequently agreed upon in writing;
3. Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
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4. as provided in Subparagraph 6.3.6.
6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly
proceed with the change in the work involved and advise the City of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction
change directive for determining the proposed adjustment in the Contract lump sum or
Contract time.
6.3.5 A Construction change directive signed by the Contractor indicates the agreement
of the Contractor therewith, including adjustment in Contract lump sum and Contract
time or the method for determining them. Such agreement shall be executed as a
change order.
6.3.6 If the Contractor does not respond promptly or disagrees with the method for
adjustment in the Contract lump sum, the method and the adjustment shall be
determined by the City on the basis of reasonable expenditures and savings of those
performing the work attributable to the change, including, in case of an increase or
decrease in the Contract lump sum, the pre-determined percentage for overhead and
profit. In such case, the Contractor shall keep and present, in such form as the City may
prescribe, an itemized account together with appropriate supporting data. Unless
otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6
shall be limited to the following:
1. Costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
2. Costs of materials, supplies and equipment, including cost of delivery by
supplier, whether incorporated or consumed;
3. Reasonable, competitive rental costs of equipment over $75/day,
exclusive of hand tools and contractor owned vehicles, whether rented
from the Contractor or others;
4. Permit fees, and sales, use or similar taxes related to the work; as limited
in the conditions of the Contract.
6.3.7 Pending final determination of cost to the City, amounts not in dispute may be
included in applications for payment if a change order, to that effect has been signed by
the parties. The amount of credit to be allowed by the Contractor to the City for a
deletion or change which results in a net decrease in the Contract lump sum shall be
actual net cost as confirmed by the City.' When both additions and credits covering
related work or substitutions are involved in a change, the allowance for overhead and
profit shall be figured on the basis of increase, if any, with respect to that change.
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6.3.8 If the City and Contractor agree with the determination concerning the
adjustments in the Contract lump sum and Contract time, or otherwise reach agreement
upon the adjustments, such agreement shall be recorded by preparation and execution
of an appropriate change order. Change Orders do not become effective until executed
by all parties.
6.3.9 If the City and Contractor do not agree on adjustments to the Contract lump sum
or Contract time, then this shall be considered a dispute and shall be resolved pursuant
to the provisions of Section 4.4 of these General Conditions.
ARTICLE 7
TIME
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and/or hours, including authorized adjustments, allotted in the Contract for substantial
completion of the work.
7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed
issued by the City. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for which the Contractor is responsible.
7.1.3 The date the project is completed is the date so certified by the City.
7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise
specified.
7.2 PROGRESS AND COMPLETION
7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal,
the Contractor confirms that the Contract time is a reasonable period for performing the
work.
7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the City
in writing, prematurely commence operations on the site or elsewhere prior to the
effective date of insurance required by the Contract to be furnished by the Contractor.
The date of commencement of the work shall not be changed by the effective date of
such insurance. The date of commencement will be established by a notice to proceed
given by the City.
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7.3 DELAYS AND EXTENSION OF TIME
7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time
extension to the 'contract. He/she may request an extension listing reasons for the delay
and submitting .substantiating evidence. If the City determines the request is
reasonable, a change order may be issued for said time extension.
7.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3 and other appropriate sections of the contract documents.
ARTICLE 8
PAYMENTS AND COMPLETION
8.1 CONTRACT LUMP SUM
8.1.1 The Contract lump sum is stated in the Contract and, including authorized
adjustments, is the maximum amount payable by the City to the Contractor for
performance of the work under the Contract.
8.2 APPLICATIONS FOR PAYMENT
8.2.1 Contractor shall submit to the City an itemized application for payment for work
completed in accordance with the schedule of values. The application will be supported
by such data substantiating the Contractor's right to payment as the City may require.
8.2.2 Amounts billed by subcontractor or supplier are not a measure of work completed.
8.2.3 The Contractor warrants that upon submittal of an application for payment all work
for which recommendation for payment has been requested shall, to the best of the
Contractor's knowledge, information and _belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material
suppliers, or other persons or entities making a claim by reason of having provided
labor, material or equipment relating to the work. Copies of applicable releases should
be submitted with the Contractor's invoice.
8.2.4 Payment shall be made pursuant to payment terms, payment schedule and
requirements of the Contract.
8.2.5 Application for payment shall be submitted using the Contractor's own form of
invoice.
8.2.6 Payment shall be made as a lump sum pursuant to the Contract provisions.
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8.2.7 Substantial completion does not constitute approval for final payment nor final
acceptance of the work.
8.2.8 Payment requests will be rejected due to lack of, or improper releases or other
improper or incomplete documents required to be submitted with payment requests, as
determined by the City.
8.2.9 For all payments made under this contract, there,will be no separate "Certificate
for Payment." The owner's issuance of a check constitutes a certificate of payment.
8.3 RECOMMENDATION FOR PAYMENT
8.3.1 The Contractor will assemble a project invoice by certifying the amounts due and
forwarding them to the Project Representative, along with all required releases and
certified payroll documents.
8.3.2 Within ten (10) working days after receipt of the project application for payment,
the City will either issue a recommendation for payment, for such amounts as the City
determines is properly due, or notify the Contractor in writing of the reasons for
withholding certification in whole or in part as provided in Subparagraph 8.4.1.
8.3.3 The issuance of a recommendation for payment will constitute representations
made separately to the City, based on individual observations at the site and the data
comprising the application for payment submitted by the Contractor, that the work has
been completed and that, to the best of the City's knowledge, information and belief, the
quality and quantity of the work conforms to the Contract. The foregoing representations
are subject to an evaluation of the work for conformance with the Contract upon
substantial completion, to results of subsequent tests and inspections, to minor
deviations from the Contract correctable prior to completion and to specific qualifications
expressed by the City. Th'e issuance of a recommendation for payment will further
constitute a representation that the Contractor is entitled to payment in the amount
certified. However, the recommendation for payment will not be a representation that
the City has (1) made exhaustive or continuous on-site inspections to check the quality
or quantity of the work, (2) reviewed the Contractor's construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the City to
substantiate the Contractor's right to payment or (4) made examination to ascertain how
or for what purpose the Contractor has used money previously paid on account of the
Contract lump sum.
8.4 DECISIONS TO WITHHOLD CERTIFICATION
8.4.1 The City may decide not to certify payment and may withhold a recommendation
for payment in whole or in part, to the extent reasonably necessary to protect the City, if
in the City's opinion the representations to the City required by Subparagraph 8.3.3
cannot be made. If the City's Representative is unable to certify payment in the amount
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of the application, the City will notify the Contractor. If the Contractor and City cannot
agree on a revised amount, the City will promptly issue a recommendation for payment
for the amount for which the City is able to make such representations. The City may
also decide not to certify payment or, because of subsequently discovered evidence or
subsequent observations, may nullify the whole or a part of a recommendation for
payment previously issued, to such extent as may be necessary to protect the City from
loss because of, but not limited to, the following:
1. Defective work not remedied;
2. Third party claims filed or reasonable evidence indicating probable filing of
such claims;
3. Alleged failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
4. Reasonable evidence that the work cannot be completed for the unpaid
balance of the Contract lump sum;
5. Damage to the City or another contractor or third party allegedly by
Contractor, his/her agent or employee;
6. Reasonable evidence that the work will not be completed within the
Contract time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
7. Persistent failure to carry out the work in accordance with the Contract;
8. Re-testing of non-passing tests, reimbursement for inspections, overtime
and minimum times not used;
9. Alleged breach of terms and conditions of Contract Documents;
10. Disputed items and issues;
•
11. Liquidated damages; or
12. Payments which may be past due and payable for just claims against
Contractor or any Subcontractor for labor or materials furnished in and
about the performance of work on the project under this Contract; and/or
13. Improper, incomplete or unacceptable documents, releases or back up
materials.
8.4.2 When the above reasons for withholding certification are removed to the City's
satisfaction, certification will be made for amounts previously withheld.
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8.4.3 The City may apply such withheld amount or amounts to payment of such claims
or obligations at his/her discretion. In so doing, the City shall be deemed the agent of
the Contractor and any payment so made by the City shall be considered as a payment
made under Contract by the City to the Contractor and the City shall not be liable to the
Contractor for such 'payments made in good faith. Such payments may be made without
prior judicial determination Of claim or obligations. The City will render the Contractor a
proper accounting of such funds disbursed on behalf of the Contractor.
8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT
8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall
forward to the City a written notice that the work is ready for final inspection and
acceptance and shall also forward to the City a Contractor's application for final
retention payment. When the City finds the work to be acceptable under the Contract
and the Contract fully performed, the City will approve the recordation of a Notice of
Completion based on the recommendation that to the best of their knowledge,
information and belief, and on the basis of their observations and inspections, the work
has been completed in accordance with terms and conditions of the Contract.
8.5.2 In addition to the above, no final retention payment shall be paid until the
Contractor submits to the City (1) final certified payroll; (2) release statements or
waivers of liens from all subcontractors indicating that they have been paid for their
portion of work on this job; and (3) a copy of the building permit showing final sign-off
from the City inspector.
8.5.3 Once all documentation has been furnished, the Contractor will not receive
payment of final retention until thirty (30) days have passed from the date the Notice of
Completion records.
ARTICLE 9
PROTECTION OF PERSONS AND PROPERTY
9.1 SAFETY PRECAUTIONS AND PROGRAMS
9.1.1 The Contractor shall be responsible for initiating maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract
including, without limitation, safety, job meetings and training. The Contractor shall
submit the Contractor's safety program to the City and coordinate with the safety
programs of other Contractors. Contractor will furnish minutes of all safety meetings to
the City.
9.1.2 In the event the Contractor encounters on the site material reasonably believed to
be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless
by Contractor's remediation activities as required by this Contract, the Contractor shall
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immediately stop work in the area affected and report the condition to the City in writing.
The work in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor if in fact the material is asbestos or
polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the
affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, by written agreement of the City and
Contractor.
9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop work
in the affected area and report the condition to the City in writing. The City shall then
proceed in the same manner described in Subparagraph 9.1.2.
9.2 SAFETY OF PERSONS AND PROPERTY
9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
1. Employees on the job and other persons who may be affected thereby;
2. The work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody or control of the
Contractor or the Contractor's Subcontractors or Sub-subcontractors;
3. Other property at the site or adjacent thereto, such as trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction; and
4. Construction or operations by the City or other Contractors.
9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
9.2.3 The Contractor shall Erect and maintain, as 'required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
9.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the work, the Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified
personnel.
9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured
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under property insurance required by the Contract) to property referred to in
subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a
Sub-subcontractor, supplier, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible
under subparagraph 9.2.1. This includes damage or loss caused by unknown persons
or causes. The foregoing obligations of the Contractor are in addition to the Contractor's
obligations under the indemnity sections of the Contract.
9.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
in writing to the City.
9.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger safety to persons or property.
9.3 EMERGENCIES
9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3 and Article 7.
ARTICLE 10
INSURANCE
10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for
additional insurance requirements)
10.1.1 The Contractor shall purchase from and maintain in a company or companies
"admitted" by the State of California such insurance as specified in the Contract
Documents for this project as will protect the Contractor from claims which may arise
out of or result from the Contractor's operations under the Contract and for which the
Contractor may be legally liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable.
10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than
limits of liability specified in the Contract Documents or required by law, whichever
coverage is greater. Coverages must be written on an occurrence basis and shall be
maintained without interruption from date of commencement of the work until after
guarantee period expires and City has given written permission to cancel insurance.
10.1.3 Certificates of Insurance acceptable to the City shall be submitted to the City
prior to commencement of the work. Additional certificates evidencing continuation of
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coverage after final payment shall be submitted with the final Application for Payment as
required by Subparagraph 10.1.2.
10.1.4 All certificates must be original. An endorsement, the form of which is specified in
the Agreement Documents, naming the City as additional insured must also be
submitted before the Notico to Proceed will be issued. City will only accept the
endorsement specified in the Agreement documents or an EXACT equivalent.
Contractor was encouraged to check with their insurance company prior to submitting
their bid to ensure that they could provide the specified endorsement. If an EXACT
equivalent is proposed, Contractor should submit proposed equivalent form to Project
Representative prior to submitting bid to ensure that the equivalent form is acceptable.
10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said
insurance coverage is required in addition to all other insurance coverage required by
other provisions of the Contract Documents. Contractor to pay all deductibles.
10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a
copy of each policy that includes insurance coverages required by this Paragraph 10.1.
Each policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each policy shall contain a provision that the
policy will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner.
•
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Special Conditions
For the rehabilitation of 1449 Walnut Canyon Road, Moorpark, California
1. The City of Moorpark has adopted a Construction and Demolition (C&D)
ordinance requiring all demolition projects, regardless of cost; new construction projects
valued over $500,000; or renovation projects valued over $100,000 to divert a minimum of
65% of material generated during the project from disposal in a landfill (through reuse or
recycling). Although this project does not meet the minimum requirements to have to
comply with the C&D ordinance, Contractors are highly encouraged to recycle as much of
the renovation debris as they can.
Please keep in mind that the City of Moorpark has franchise waste haulers. You are
strongly encouraged to use one of the City's franchised haulers (Waste Management or
Moorpark Rubbish Disposal, dependent upon the location of the project) who can provide
temporary bins and will dispose of your waste at a city authorized facility, and who will
automatically recycle the debris. You may also self-haul your waste. If you self- haul your
waste you must use proper hauling vehicles and bins owned by your company and
those vehicles must be driven by your employees. Please remember that because this
project is a prevailing wage project, the driver of the self-haul vehicle will need to be paid a
prevailing wage rate for driving the C&D materials to a facility. Please contact the Solid
Waste Division at 805-517-6241 with questions about solid waste removal, recycling or
self-hauling.
2. Perform work as required under the scope of work noted on pages 8-13 of the
bid manual. Contractor is responsible for all permits associated with required
rehabilitation work. For information on permits, please visit the Building and Safety
Department at 799 Moorpark Avenue, Moorpark or contact them at 805-517-6272.
3. At completion of work, contractor is responsible to clean all areas within the
residence where construction work has taken place. In general, this means wiping down
dust and dirt on counter tops, floors, walls and ensuring that all tape, plastic or other
materials used in provision of the work have been removed from the building.
4. Verify that areas to remain unaltered adjacent to areas of alteration or cutting are
completely secured and properly barricaded to ensure separation of such operations
with anybody other than who is authorized to be in construction area before beginning
such work. Provide barricades and maintenance thereof, in accordance with applicable
Federal, State and local codes and their respective requirements. Install temporary
barricades, enclosures and protections before work is started.
5. During construction, take all precautions necessary to mitigate blowing dust and
dirt, when applicable. Use water sprinkling, temporary enclosures, and other methods to
limit dust and dirt migration. Contractor must comply with governing regulations and
Ventura County Air Pollution Control District pertaining to environmental protection. Do
not use water when it may create hazardous or objectionable conditions such as
flooding and pollution. Do not allow construction material to accumulate on site, have
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debris hauled off at regular intervals using appropriate City franchise waste hauler. (See
requirements within item 1.)
6. Perform construction exercising proper care to prevent injury to the public,
workmen and adjoining property. Repair or replace existing work scheduled to remain,
which is damaged by these operations. Return elements of construction and surfaces to
remain to existing condition prior to start of operations. Repair adjacent construction or
surfaces soiled or damaged by work.
7. Limit construction operations to the immediate property on which the work is to
be performed, do not infringe upon the adjoining roads or rights-of-way. Keep all access
routes and adjoining roads and rights-of-way clean at all times. The tracking of mud, dirt
or any other debris onto the adjacent and surrounding roads will not be permitted at any
time. If there is debris tracked onto roads, at no time will the use of water be an
acceptable clean-up method.
8. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
9. Site and surrounding areas to be left clean and free of any construction debris or
other unsuitable materials.
10. In the event the contractor encounters on the project site material reasonably
believed to be Asbestos, Polychlorinated biphenyl (PCB) or other hazardous materials
Contractor shall immediately stop work in the effected area and report the condition to
the City's Representative in writing.
11. Submit schedule for approval by the City's Representative indicating proposed
methods and sequence of operations for work
12. Contractor will provide a competent'English-speaking Superintendent to oversee
the complete project. The Superintendent shall be present at all times work is being
performed. The Superintendent shall have the authority to bind Contractor through
Superintendents acts. The Superintendent shall represent the Contractor;
communications given to the Superintendent shall be binding on the Contractor.
13. Contractor will be responsible for the security of the site. Contractor shall be
responsible for all damages to persons or property that occur as a result of its fault or
negligence in the performance of this contract and shall be responsible for the
protection of the project site until final acceptance by the City. Contractor shall take all
necessary precautions for the safety of workers on the project and shall comply with all
applicable federal, state, local and other safety laws, standards, orders, rules,
regulations, and building codes to prevent accidents or injury to persons on, about, or
adjacent to the premises where work is being performed and to provide a safe and
healthful place of employment.
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14. Contactor will be responsible to include appropriate construction site Best
Management Practices to comply with applicable storm water and urban runoff permits,
regulations, codes or laws, where applicable.
•
•
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ATTACHMENT 2
RESOLUTION NO. 2011 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2011/2012 BUDGET BY APPROPRIATING $41,102 FROM THE
CITY-WIDE TRAFFIC MITIGATION FUND (2002) FOR
REHABILITATION OF 1449 WALNUT CANYON ROAD (APN
511-0-040-440)
WHEREAS, on June 15, 2011, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2011/12; and
WHEREAS, a staff report has been presented to the City Council recommending
hiring Magic Hammer Development, Inc. to rehabilitate the property located at 1449
Walnut Canyon Road; and
WHEREAS, a budget adjustment in the aggregate amount of $41,102 is
requested from the City-Wide Traffic Mitigation Fund (2002) for this work; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $41,102 from the City-Wide
Traffic Mitigation Fund (2002), as more particularly described in Exhibit "A", attached
hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 5th day of October, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment
187
EXHIBIT A
BUDGET AMENDMENT FOR
City-Wide Traffic Mitigation Fund(2002)for Rehabilitation of 1449 Walnut Canyon Road
2011/12
FUND ALLOCATION FROM:
Fund Account Number Amount
City-Wide Traffic Mitigation Fund (2002) 2002-5500 $ 41,102.00
Total $ 41,102.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
2002.8310.8061.9621 $ - $ 41,102.00 $ 41,102.00
$ - $
$
Total $ - $ 41,102.00 $ 41,102.00
Otr■Approved as to Form: xz,
/.
188